RediCar
TERMS AND CONDITIONS

1 DEFINITIONS:
“User”: you or any person, who uses, downloads or accesses the Service or the Application.
“Content”: includes any text, graphics, images, music, software (not including the Application), audio,
video, information or other materials.
“User Content”: anything that a user posts, uploads, publishes, submits or conveys to be made available
through the Service or Application.
“Company”: refers to RediPay Berhad, RediCar Sdn. Bhd. including their parent companies, associates and subsidiaries.
“Company Content” any Content that Company makes available through the Service or Application,
including any Content licensed from a third party, but excluding User Content.
“Collective Content” means, collectively, Company Content and User Content

2 TERMS AND CONDITIONS:

The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you (the “user” or “you”) and “RediPay Berhad” (Company No. 202101003067) a company registered in Malaysia having its business office at 20-2, Level 20, Menara Prestige, No. 1 Jalan Pinang, 50450 Kuala Lumpur (the “Company”, “we”, or “us”).

In order to use the service (the “Service (s)”) or the related application (“App”) you must agree to all the terms and conditions that are set out in this Agreement.

By using or receiving any Services supplied to you by the Company, and downloading, installing or using any related App provided by the Company which purpose is to enable you to use the Service, you hereby deliberately acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at the company website or through the App. The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Company Website or Application. It is your responsibility to always review this Agreement. Sustained use of the Service or the App after any or such amendments and additions to the Agreement shall constitute your consent to such changes.

THE COMPANY IS NOT A TRANSPORTATION SERVICES OR PROVIDER AND THE COMPANY IS NOT A TRANSPORTATION CARRIER. THE COMPANY ONLY CONNECTS YOU OR ANY USERS VIA THE APP OR THE WEB TO THE THIRD-PARTY TRANSPORTATION PROVIDERS, DRIVERS OR VEHICLE OPERATORS WHO ARE WILLING AND ON THEIR OWN DISCRETION TO OFFER TRANSPORTATION SERVICES.

THE COMPANY ONLY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES AND IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. THE SERVICE AND APPLICATION IS NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18).

3 REPRESENTATIONS AND WARRANTIES:

By using the Service or Application, you expressly agree, represent, and warrant to all of the following:

You are at least 18 years old.

You have the right, authority and capacity to enter into this Agreement. You abide by the terms and conditions of this Agreement.

You read, write and understand English.

You are using the Service or the App for your sole personal use. You do not authorize others to use your user status.

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

You do not assign or otherwise transfer your user account to any other person or entity.

You comply with all applicable laws from the country, state and city in which you are present while using the Application or Service.
You only access the Service using authorized means.

You are responsible to check and ensure that you download the correct Application 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 Application for your handset.

The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.

You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.

You will not use or store in your user account any Counterfeit credit cards.

You will not use the Service or Application to cause nuisance, annoyance or inconvenience. You will not impair the proper operation of the network.

You will not try to harm the Service or Application in any way whatsoever.

You will not copy, or distribute the Application or other content without consent from the Company. You will only use the Application and Service for your own use and will not resell it to a third party.

You will provide us with whatever proof of identity we may reasonably request.
You are aware that when requesting transportation services, standard Messaging and data charges will apply.

4 ACCESSING AND DOWNLOADING THE APPLICATION:

The following applies to any Application downloaded from the marketplace (App Store/Play Store): You acknowledge and agree that

(i) this Agreement is concluded between you and Company only, and
(ii) Company, is solely responsible for the Sourced Application and content thereof. Your use of the Sourced Application must comply with the respective marketplace Terms of Service.

You and Company acknowledge that, in the event of any third-party claim that the Sourced Application or your possession and use of that Sourced Application infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the Sourced Application.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (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 Service or Application.

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate the third party privacy rights; (iii) send or store 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 Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and

without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.

5 PAYMENT TERMS:
Any charges that the Company may charge You for the usage of the Application or Service, are due immediately and are non-refundable. All charges made are non-refundable. This no refund policy shall apply at all times regardless of Your choice to terminate usage of Application or Service, our choice to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any other reason whatsoever. The Company reserves the right to determine final charges. The charges are based on incorporated factors, included but not limited to distance, duration, time of day and location, and type of Service.

The Company, at its sole discretion, makes promotional offers with different features and different prices to any persons. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or agreement. The Company may change the charges for its Application or Service, whenever it is necessary for our business, and encourages you to check this agreement and our website periodically if You are interested to learn about how the Company charges for the usage of our Application or Service.

In the event that You cancel or withdraw a ride request on the Company Platform more than five (5) minutes after your request is accepted by a driver, You agree to pay a nonrefundable RM cancellation fee.

If a driver reports to the Company that You, or another party who was with You during the ride, in any manner materially damaged the Driver’s vehicle, the company may, in its sole and absolute discretion, charge Your credit card a “Damage Charge” of minimum RM  .  If the damage exceeds RM      , You agree to pay in full for driver’s cost of repairing or cleaning the vehicle. This Damage Charge is paid to the driver less the Company Fee of RM      The Company reserve the right (but is not obligated) to verify or require documentation of damage prior to processing the Damage Charge.

 6 CANCELLATION
6.1For Drivers:

• The Customer rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or  ignoring the Customer’s bookings will impair the Customer’s experience and negatively impact the reputation and branding of RediCar.
• While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. RediCar reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.

6.2 For Customers:
You may cancel your request for transportation services at any time before you commence your ride with the Driver that has been matched with you by the Service.

•  If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as RediCar may notify from time to time via the Cancellation Policy on RediCar’s website.
• If you feel you were incorrectly charged a Cancellation Fee, you may contact us via the Help Centre on RediCar’s application for assistance. RediCar reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the RediPay Wallet or such other method as is deemed reasonable by RediCar, for cash payments.

7   RATINGS

• Customers and Drivers may be allowed to rate each other in respect of Solutions provided.
• Every rating will be automatically logged onto RediCar’s system and RediCar may analyse all ratings received. RediCar may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

8   COMPLAINTS

•  Any complaints between Drivers and Customers must be taken up with each other directly.
•  

9   REPAIR AND CLEANING FEES FOR CUSTOMERS

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

10 THIRD PARTY INTERACTIONS
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. 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 and 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 Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.

The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the right to charge you a higher fee for the Service or Application if you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

11 DISCLAIMER OF WARRANTIES
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION 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 DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12 INTERNET DELAYS
THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER
PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

13 LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, 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 SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS FOR THE PURPOSES OF PROVIDING TRANSPORTATION. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD- PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE.
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.

 14 CONDUCT OF USERS
By entering into this Agreement or using the Application or the Service you agree that (1) you will not misuse any third-party car, use any third-party car for any illegal purpose, engage in any illegal activities
(Such as carrying any kind of drugs of narcotics) in any third-party car; and (2) you will comply with the laws where ever you use the App.

15 INDEMNIFICATION
By entering into this Agreement and using the Application or Service, you agree that you shall defend,
indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement; (b) your violation of any rights of any third party, including any providers of transportation services, or (c) your use or misuse of the Application or Service.

16 NOTICE
The Company may give notice by means of a general notice on the Service, electronic mail to your email address
on record in the Company’s account information, or by written communication sent by mail posted to your
address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by registered mail to the Company at the following mailing address: 20-2, Level 20, Menara Prestige, No. 1 Jalan Pinang, 50450 Kuala Lumpur addressed to the attention of: CEO.

17 ASSIGNMENT
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

18 GOVERNING LAW
This Agreement is governed by the laws of Malaysia. Any suit, action or proceeding arising out of this Agreement shall be instituted in a court of competent jurisdiction in Malaysia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

19 DISPUTE RESOLUTION
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be referred to the senior executives of the Company who will use their best efforts to resolve the dispute informally and amicably. If, after negotiating for thirty (30) days (or for some longer period if the parties agree), no resolution of the dispute is reached, the parties may submit the dispute to binding arbitration in Kuala Lumpur, Malaysia pursuant to the Asian International Arbitration Centre (AIAC) Arbitration Rules 2021.

20 GENERAL
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third- party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement 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. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.