CABCAR Terms & Conditions
This Site/ Application/ Services is/are operated /provided by CABCAR SDN BHD.
These terms and conditions ("User Terms") apply to Your visit to and use, of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record in terms of the law relating to Information Technology and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes 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, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND CABCAR IN RESPECT OF THE USE AND SERVICES OF THE SITE.
By accepting these User Terms, you also allow CABCAR to send you promotional emails and SMS alerts from time to time.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO A CUSTOMER TAKING ‘CABCAR CORPORATE RIDES’ I.E., FOR CUSTOMERS WHO ARE EMPLOYEES OF CORPORATE ENTITIES WITH WHOM CABCAR HAS A DIRECT ARRANGEMENT.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
"Account" shall mean the account created by the Customer on the Application for availing the Services provided by CABCAR.
"Additional Fee" shall mean any toll duty, etc. as may not be included in the Fare but payable to any third party / government authorities for undertaking the Ride under Applicable Law
"Applicable Laws" shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Malaysia.
"Application" shall mean the mobile application "CABCAR" updated by CABCAR from time to time.
"Convenience Fee" shall mean the fee payable by the Customer to CABCAR for the Service i.e., for availing the technology services offered by CABCAR. Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
"Cancellation Fee" shall mean the fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Conditions available at website/faqs#Cancellations. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
"City of Operation" shall mean a city in which the Customers and CABCAR avail and render the transportation services respectively. For clarity, the services rendered by the CABCAR DRIVERS and availed by the Customers shall be in the same city.
"Customer/ You" means a person who has an Account on the Application.
"Driver" shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with CABCAR and own the Vehicles and who have necessary city taxi permits and licenses to provide transportation services within the City of Operation.
"E-Wallet" shall mean a pre-paid instrument, which can be used to make payments.
"Fare" shall mean such amount in Malaysian Ringgit, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any.
"Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of CABCAR.
"CABCAR" or "us" or "we" or "our" shall mean CABCAR SN BHD, a company incorporated under the provisions of the Companies Act, 1965 and having its business office at 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.
"Registration Data" shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by CABCAR from the Customer from time to time for registration on the Application.
"Ride" shall mean the travel in the Vehicle by the Customer facilitated through the Site.
"Service(s)" means the facilitation of transportation service by CABCAR through the Application or via a telephone request at the call centre of CABCAR, or booking on the Site, within the City of Operation, as elaborated in Clause 4.
"Site" shall mean the Application and the website ADDRESS operated by CABCAR or any other software that enables the use of the Application or such other URL as may be specifically provided by CABCAR.
"Total Ride Fee" shall mean and include the Fare, the Convenience Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
"T&Cs" and "User Terms" shall mean these Customer terms and conditions.
"DRIVERS" shall mean a Driver and/or an operator associated with us, offering the service of transporting Customers within the City of Operation as requested by the Customer on the Application.
"Vehicle" shall mean a motor cab as defined under the ROAD TRANSPORT ACT 1987.
You will be "Eligible" to use the Services only when You fulfil all of the following conditions:
You have attained at least 21(TWENTY-ONE) years of age;
You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, you must abide by such age limits.
REGISTRATION AND ACCOUNT
You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site ("Permitted Information"), CABCAR does not want You to, and You should not, send any confidential or proprietary information to CABCAR on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms, you agree that any information or materials that You or individuals acting on Your behalf provide to CABCAR other than the Permitted Information will not be considered confidential or proprietary.
It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at customerservice@CABCAR2u.com.
In case, You are unable to access Your Account, please inform Us at customerservice@CABCAR2u.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
The Site permits you to avail the transportation services offered by the DRIVERS. The Service allows You to send a request through CABCAR to a DRIVER on the CABCAR network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, CABCAR, notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as CABCAR may determine.
CABCAR shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
By using the Application or the Service, you further agree that:
You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
You will not use the Service or Site for unlawful purposes;
You will not try to harm the Service, Site or our network in any way whatsoever;
You will provide CABCAR with such information and documents which CABCAR may reasonably request;
You will only use an authorized network to avail the Service;
You are aware that when requesting Services, whether by message, via Site or calling the call centre of CABCAR, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and
You are aware of and shall comply with the laws relating to Information Technology in Malaysia and the rules, regulations and guidelines notified thereunder.
CABCAR reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, CABCAR will store the information provided by You or record your calls for contacting You for all Service-related matters. You shall promptly inform CABCAR on any change in the information provided by You.
CABCAR or an authorised representative of CABCAR, shall provide information regarding services, discounts and promotions provided by CABCAR to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, you may at any point of time visit the specific link provided in the Site to discontinue the same.
CABCAR WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE MALAYSIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM CABCAR’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
You agree to grant CABCAR a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT CABCAR TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
CABCAR will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the services by CABCAR jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
CONFIRMATION OF BOOKING
CABCAR shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre. In the event a DRIVER’s Vehicle has been booked on the Site, the booking shall be confirmed by CABCAR and any complaint regarding incorrect details shall be redirected by us.
You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform CABCAR of the incorrect details immediately.
In case of any conflict and/or misunderstanding and/or misbehaviour by the Driver, you shall seek instructions from CABCAR by applying the SOS button on the CABCAR’s application to alert CABCAR on the issue at hand. You shall agree that the decision taken by CABCAR shall be final and binding on the Driver in the aforesaid case.
CABCAR shall charge Convenience Fee for the Service which shall be determined and amended at the sole and absolute discretion of CABCAR. The Convenience Fee shall be payable by you to CABCAR and shall be informed to you.
You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
In addition to the Total Ride Fee, you may be required to pay such other charges incurred by you during the Ride in cash, which are not included in the receipt of the Total Ride Fee.
The Total Ride Fee will be collected by the Driver or CABCAR from You at the end of the Ride, as set out in Clause 6.7 below.
CABCAR shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride, however, separate invoices raised by the DRIVER for the Fare and Additional Fee, and the Convenience Fee raised by CABCAR shall be provided to You on request. You may raise a request for a copy of the invoices from Support page.
All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the DRIVER or CABCAR, as the case may be.
You shall choose to pay for the Service Fee by either of the following four methods:
Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver.
E-Wallet payment: CABCAR offers You the facility of making an online payment through an E-Wallet powered by a third-party payment processor ("Payment Processor"). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that CABCAR engages for the purpose. CABCAR will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E- Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an E-Wallet payment, CABCAR shall collect the Fare on behalf of the DRIVER who will be responsible for providing the transportation services.
CABCAR Credit Payment: Payment for the Total Ride Fee can be made to CABCAR on credit subject to the terms provided at website for credit payment/TERMS+AND+CONDITIONS_CABCAR+CREDIT.pdf. Further, even in cases of CABCAR Credit payments, all Additional Fee shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver. When You choose to make an CABCAR Credit payment, CABCAR shall collect the Fare on behalf of the DRIVER who will be responsible for providing the transportation services.
Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be affected using the services of an entity providing payment gateway/processor services ("PG"), authorized by CABCAR. Such PG may either be CBCAR or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to CABCAR and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of CABCAR’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of CABCAR’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. CABCAR shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below:
In Micro/Mini/Prime/Sedan/SUV/Luxury/Rental Cancellation fee will be charged
If you cancel after 5 minutes after the cab is allotted or;
If a driver cancels after waiting at your location for more than 10 minutes;
Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
CABCAR shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the DRIVER for the Cancellation Fee, and CABCAR for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from Support page.
The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms.
This Clause 7 shall not apply to corporate rides availed pursuant to the terms and conditions
By registering using the Application, you will automatically be a member of the loyalty program name “CABCAR Rewards” operated by CABCAR and/or its Affiliates (“CABCAR Rewards Loyalty Program”).
As a member of the CABCAR Rewards Loyalty Program, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).
CABCAR may, at its sole and absolute discretion, award you points (“Points”) that can be used to redeem for Rewards upon the completion of CABCAR Ride qualifying transportation services booked via the Application.
CABCAR may, at its sole discretion, issue you 1 point for every RM1.00 that you actually spend on qualifying CABCAR Ride transportation services. Points will not be earned on any promotion code discounts or fare adjustments applied in connection with the qualifying CABCAR’s services. For instance, if your ride costs RM13.50 and you received a RM3.50 discount, CABCAR may at its sole and absolute discretion, issue you 10 points on the RM10.00.
CABCAR may, at its sole discretion, issue you 1 point for every RM1.00 of the lower bound fare shown at the time when you make your booking for qualifying CABCAR Ride transportation services in Malaysia (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying CABCAR Ride transportation services shall be excluded for Point issuance purposes). For instance, if the estimated fare shown at the time of your booking for your CABCAR Ride is between RM7.00 and RM10.00 and you received RM2.00 discount, CABCAR may at its sole and absolute discretion, issue you 5 points for RM5.00 being the lower bound fare shown at the time of your booking excluding fare discounts.
The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal more or equal to 0.5 Points, and down the nearest whole number if the decimal is equal or less than 0.5 points. For instance, if you spent RM10.50 on a CABCAR Ride, CABCAR may at its Sole and absolute discretion, issue you 11 Points, but if you spent RM10.25 on a CABCAR Ride, CABCAR may, at its sole and absolute discretion issue you 10 Points.
For actual spending that results in decimals less than 1 Point, CABCAR may at its sole and absolute discretion, issue you 1 Points. For instance, if your CABCAR Ride costs RM6.00 and you received a RM5.50 discount, CABCAR may at its sole and absolute discretion, issue you 1 Point on the RM0.50 that you actually paid.
CABCAR may, at its sole and absolute discretion, increase or decrease any rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from CABCAR any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.
CABCAR may, at its sole and absolute discretion, remove the issuance of the points anytime without any notice and/or explanation at any time
Between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
Between1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. CABCAR shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion that you will have no claim whatsoever against CABCAR for any expired Points.
Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of CABCAR or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against CABCAR for any expired e-vouchers.
Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
CABCAR may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.
To the extent as permitted by applicable laws, CABCAR reserves the right at any time to:
Vary, modify or amend the terms and conditions of the CABCAR REWARDS Loyalty Program (including adding or deleting any terms);
Terminate or modify the CABCAR REWARDS Loyalty Program;
Revoke, adjust and/or recalculate any Points awarded;
Change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
Change the number of Points that can be earned on spending on qualifying transportation services;
Modify the qualifications and eligibility for earning Points;
Modify the activities that earn Points;
Modify the methods used to calculate the number of Points to be awarded;
Withhold or cease the awarding of Points to you;
Modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
Change or withdraw any benefits related to a particular membership tier without prior notice to you and at its sole discretion.
CABCAR may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
USER VIOLATION OF USER TERMS
You shall not smoke and drink in the Vehicles or misbehave with the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, you shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by CABCAR.
CUSTOMER RELATIONSHIP MANAGEMENT
All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22.2. In case of a Ride booked on our Application, you shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
Any issue reported on channels other than the above may be addressed by CABCAR only on a best-effort basis. CABCAR takes no liability for inability to get back on other channels.
CABCAR shall endeavour to respond to Your issues within 2 (two) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, CABCAR or the DRIVER shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
Where You avail of any services offered by the DRIVER on our Site, we shall re-direct all Your issues, opinions, suggestions, questions and feedback to the DRIVER.
We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold CABCAR, the DRIVER, their affiliates, their licensors, and each of their officers, directors, other 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 these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the DRIVER \or (c) Your use or misuse of the Application or Service.
The information, recommendations and/or Services provided to You on or through the Site, the Application and CABCAR call centre are for general information purposes only and does not constitute advice. CABCAR will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
CABCAR shall not be liable for You missing trains/flights/events or delays etc as the Service is dependent on many factors not in CABCAR’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, CABCAR shall only endeavour to get You in touch with the Driver assigned for Your Ride.
CABCAR shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, CABCAR will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform CABCAR of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of CABCAR. In the event it is found, You shall be informed about the CABCAR office from where You can collect it after 3 (three) working days from the date You were informed. CABCAR however shall not be responsible for delivering the same back to You. If requested, CABCAR may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the CABCAR office. CABCAR shall charge You a flat fee of RM50.00 for such delivery.
CABCAR does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
CABCAR shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with CABCAR. CABCAR will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
IN NO EVENT SHALL CABCAR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CABCAR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CABCAR’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF RM100.00.
If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of CABCAR shall be the minimum permitted under Applicable Law.
Subject to Your compliance with these User Terms, CABCAR grants You a limited, revocable, non-exclusive, non-transferable and non-sub licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
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 Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet "links" to the Service or "frame" or "mirror" any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy any ideas, features, functions or graphics of the Service or Site, 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 Site.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of 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 Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
CABCAR will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CABCAR may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that CABCAR has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. CABCAR reserves the right, at any time and without prior notice, to remove or disable access to any content that CABCAR, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
CONTENT POSTED BY CUSTOMERS
CABCAR may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site ("Posted Content") by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. CABCAR shall not in any manner be responsible for or endorse the Posted Content.
You agree that when posting Posted Content, You will not:
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Deceive or mislead the addressee about the origin of a messages or communicate any information which is grossly offensive or menacing in nature.
Restrict or inhibit any other user from using and enjoying the Site.
Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Violate any Applicable Laws or regulations including the laws relating to Information Technology and the rules, regulations and guidelines notified thereunder enforceable in Malaysia.
INTELLECTUAL PROPERTY OWNERSHIP
CABCAR alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to:
the Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
other information provided by You or any other party relating to the Site, Application or the Service.
Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by CABCAR. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
You may use information on the Site purposely made available by CABCAR for downloading from the Site, provided that You:
do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
do not make any additional representations or warranties relating to such information.
If permitted by CABCAR, you may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any CABCAR trademarks or service marks or any Content belonging to CABCAR and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
TERM AND TERMINATION OF LICENSE AGREEMENT
Unless terminated in accordance with this Clause 17, the agreement between CABCAR and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
CABCAR is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of CABCAR, misuse the Application or the Service. CABCAR is not obliged to give notice of the termination of the agreement in advance. After termination CABCAR will give notice thereof in accordance with these User Terms.
Termination of this agreement will not prejudice accrued rights of either CABCAR or You.
Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Site/ Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and CABCAR, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
You agree that CABCAR is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. CABCAR does not endorse, advertise, advise or recommend You to avail the Services of any Driver. CABCAR also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
CABCAR and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from CABCAR or any other person's negligence or otherwise).
This Site, Application and all content on the Site and the Application are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that CABCAR shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
MODIFICATION OF THE SERVICE AND USER TERMS
CABCAR reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
CABCAR shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when CABCAR last modified the User Terms by referring to the "Last Updated" legend above. It shall be Your responsibility to check these User Terms periodically for changes. CABCAR may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
CABCAR may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in CABCAR’s account information.
You may contact CABCAR by electronic mail at Our email address ask@CABCAR2u.com or by written communication sent by regular mail to Our address at NO. 38, JALAN SS15/4B, 47500 SUBANG JAYA, SELANGOR DARUL EHSAN
You shall not assign Your rights under these User Terms without prior written approval of CABCAR. CABCAR can assign its rights under the User Terms to any affiliate.
APPLICABLE LAW AND DISPUTE RESOLUTION
If any dispute arises between the Transport Service Provider and CABCAR, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration (Amendment) Act, 2018 to be adjudicated by a three arbitrators to be appointed by CABCAR, the Transport Service Provider and Asian International Arbitration Centre. Arbitration shall be held in Kuala Lumpur, Malaysia. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Subject to clause I , the courts in Kuala Lumpur shall have the exclusive jurisdiction in connection with this Agreement.
In addition to above remedies, CABCAR shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Transport Service Provider from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies CABCAR may have at law or in equity.