TERMS OF SERVICE AND POLICIES (USER)

Before using the service provided by our service (as defined below), you must read the terms of services and policies (hereinafter referred to as “the terms and policies”) carefully, and fully understood the contents of each clause, especially those concerning exemption or limitation of liability. When you enter this service platform and accept or use our services, you are fully aware of and agree to all the contents of the rules and the attachments. These Terms and the Policies constitute a legally binding agreement (hereinafter referred to as “Agreement”) between you and MyAider Holding Sdn Bhd (Company Registration No.: 202301007378 [1501299-M]) as defined below) (hereinafter referred to as “MyAider”). If you do not agree with any of the terms and policies, please do not use or continue using our service. You must have full behavioral competence to use our services. If you do not have the above-mentioned capacity, you and your guardian and agent shall bear all legal liabilities caused by it.

2. Definitions

i. Acceptance: the action of consenting to receive or undertake to the order.
ii. Application: the software application designed and developed by MyAider.
iii. Delivery Service: the pickup service of one or more local products from a local merchant and delivery of the local products to the consumer.
iv. Deposit account: account to deposit money for the payment of the information service fee, driving service fee and other fees, which the user has authorized the platform to deduct from it.
v. Designated Driver Service: the car pickup service to drive consumer back to the predefined destination in consumer’s own car.
vi. E-Hailing Service: the service of a local driver to pick up and drop off the consumer directly to a specific location.
vii. MyAider Holding Sdn Bhd: a company with the Company Registration Number of 202301007378 [1501299-M] which provides a platform for consumers to obtain or several kind of services such as Designated Driver Service, E-Hailing Service and Delivery Service.
viii. Order: refers to the electronic order from the consumer for the request of service provided by MyAider to the designated driver/merchant through the platform.
ix. Offer: means the offer of the user to request for designated driving service, to book a transport for Ehaling services, to request for the transportation of certain items from a source location to a predefined destination.
x. Partner: Designated Driver, Merchant and/or any party whom recognized by MyAider.
xi. Platform: means the application, software and any other portal or website which MyAider owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the service;
xii. Registration number: refers to the number used by the user to log in to the account.
xiii. Services: includes Designated Driver Service, E-Hailing Service and Delivery Service provided by MyAider through a platform where consumer may publish and/or obtain information included but not limited to the order record, fee settlement, experience evaluation, and any other relevant services provided by MyAider.
xiv. Telecommunication technology: Includes but not limited to official homepage, application, customer service, Facebook account, Instagram account and official email.
xv. User: the natural person or legal person with full capacity to use or accept the platform services, including the consumer, driver or partner.

3. User Registration

3.1 You agree to undergo the following process before using our service and consent to MyAider for collecting and processing your personal data. You also hereby declare and certify that the information provided is true and correct. If there is any other changes of the information given, you undertake to update the information in the platform or inform MyAider immediately.
(a) Self-registration: Before using or accepting the services provided by the platform for the first time, the user shall independently complete the registration according to the prompt information of the platform.
(b) Assistance in Registration: Upon the user enters the platform for the first time or before using the services, the platform will assist the user to complete the registration automatically according to the information provided by the user.
(c) Audit and Registration: The service provider shall complete the training, driving technology audit and other processes according to the requirements and generate a special account before completing the registration.
(d) Upon successful Registration: Users can enjoy the services provided by the platform, and at the same time, they should abide by and perform the obligations of the rules. Users who accept or use the service in other ways recognized by the platform are deemed to have completed the registration.

4. Service items

4.1 Information services
(a) The platform provides user with information plus service as a platform for order and acceptance which include but not limited to the booking record and history.
(b) After obtaining information through the platform, the designated driver/merchant shall pay the information service fee to the platform.

4.2 Settlement services
(a) The platform provides services for the settlement of the service fees among users. After the completion of the Designated Driver Service, E-Hailing Service and Delivery Service, the consumer shall pay the service fee to the designated driver according to the time and mileage data recorded in the platform and the charging standard announced by the platform. The platform shall update the fee standard according to market demand or user feedback, and consumers shall pay attention to check the latest charging standard of the platform.
(b) A deposit account shall set up to pay or transfer relevant fees (include but not limited to information service fee, settlement fees (include but not limited to driving service fee, delivery fees, cleaning fees and other fees) or liquidated damages) upon consent and authorization of the users.

4.3 Evaluation service
(a) Users may make an evaluation or review on the service of the drivers or merchants through the platform, and the evaluation content shall be objective and true, shall not contain abusive, defamatory and legal prohibited information, and shall not violate the rules of the platform. Otherwise, the platform has the right to take relevant measures, including but not limited to delete the evaluation and/or review, restrict or prohibit the use, claim compensation for losses, and investigate other responsibilities.
(b) Users shall not help others to improve their evaluation in improper ways and shall not threaten or blackmail other users.
(c) The platform may conduct a comprehensive evaluation on users according to the evaluation statistics, and the specific evaluation method shall be formulated separately by the platform.

4.4 Mediation services
(a) If the users has a dispute in the process of using our services and has chosen to use our platform dispute mediation service, it means that the platform is recognized as an independent third party and the mediation decision made according to the facts and rules of the platform.
(b) The user shall understand and agree that in the dispute mediation service, the platform personnel are not professional referees, and can only judge the user’s certificates with the cognition of ordinary people, and the platform shall be exempted from liability for the mediation results.

5. Obligations, Representations, Warranties and Undertaking

5.1 Consumer
When using or accepting the platform services, consumer shall adhere to the rules and regulations of the platform, represent, warrant and undertake the following :
(a) Consumer shall only use the Platform and Service for the intended and lawful purposes only;
(b) Consumer have legal capacity and are eighteen (18) years old and above;
(c) When using the Service/Platform, consumer shall agree to comply with all laws and regulations applicable to user;
(d) Consumer shall provide the platform with true, legal, current and complete information as required for the Service and undertake the responsibility to maintain and update the information. The platform shall not bear any responsibility for the service and information deviation and error in the event the information provided is false, wrong, inaccurate, and incomplete. For avoidance of doubts, any loss caused thereby shall be fully borne by the consumer;
(e) Consumer shall provide whatever proof of identity or any other documents, permits, licenses or approvals which reasonably requested or required by MyAider;
(f) Consumer shall keep their own accounts properly and should not use others’ accounts without authorization or consent of the respective user;
(g) Consumer shall not use the platform to harass, obstruct others or engage in any illegal or infringement behavior (including but not limited to malicious order, multiple sales orders affecting the platform, or other users);
(h) Consumer shall not affect the normal operation of the platform, and shall not conduct any behavior that endangers the platform services or affects the platform data;
(i) When the platform makes a reasonable request, the Consumer shall provide any identification on vehicle, relevant information as requested;
(j) In the process of using the platform services, the Consumer shall bear all the taxable fees, as well as all the reasonable expenses of hardware, other application software, network communication services, and other relevant aspects;
(k) Consumer agree and authorize the platform to send commercial short messages to them to inform, remind, and confirm the relevant contents and preferential information used by the platform;
(l) Consumer agree to assume full responsibility and liability for all loss or damage suffered;
(m) Consumer has agree to be responsible for the cost of repairing any damage to or necessary cleaning of the partner’s property as a result of your misuse of the Service or breach of the Terms of Service and Policies herein; and
(n) Consumer agree and undertake to the platform that they shall obtained sufficient insurance for a coverage and payment in the unfortunate event of injuries, death by accident, loss and/or damages upon using our services