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 (Co. Reg No.: 202301007378) (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.
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 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 e-haling 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.
3.1 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.
3.2 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.
3.3 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.
3.4 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.
4.1 Information services
4.1.1 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.
4.1.2 After obtaining information through the platform,
4.2 Settlement services
4.2.1 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.
4.2.2 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
4.3 Evaluation service
4.3.1 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.
4.3.2 Users shall not help others to improve their evaluation in improper ways and shall not threaten or blackmail other users.4.3.3 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
4.4.1 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.
4.4.2 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.
5.1 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 :-
5.1.1 Consumer shall only use the Platform and Service for the intended and lawful purposes only;
5.1.2 Consumer have legal capacity and are eighteen (18) years old and above;
5.1.3 When using the Service/Platform, consumer shall agree to comply with all laws and regulations applicable to user;
5.1.4 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;
5.1.5 Consumer shall provide whatever proof of identity or any other documents, permits, licenses or approvals which reasonably requested or required by MyAider;
5.1.6 Consumer shall keep their own accounts properly and should not use others’ accounts without authorization or consent of the respective user;
5.1.7 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);
5.1.8 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;
5.1.9 When the platform makes a reasonable request, the Consumer shall provide any identification on vehicle, relevant information as requested;
5.1.10 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;
5.1.11 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;
5.1.12 Consumer agree to assume full responsibility and liability for all loss or damage suffered;
5.1.13 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
5.1.14 Consumer agree and authorize the platform to purchase insurance for a coverage and payment in the unfortunate event of injuries, death by accident, loss and/or damages upon using our services.
5.2 Partners
When using or accepting the platform services, designated driver/merchant shall adhere to the rules and regulations of the platform, represent, warrant and undertake the following:-
5.2.1 Designated driver/merchant shall possess all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies, a valid policy/ies of liability insurance (in industry-standard coverage amounts);
5.2.2 Designated driver/merchant shall obey all local laws and will be solely responsible for any violations of such local laws;
5.2.3 For any accident, loss or damage including, but not limited to, personal injuries, death, and damages, designated driver/partner/ merchant shall be solely responsible for any and all claims, judgments and liabilities resulting therefrom; and
5.2.4 Designated driver/merchant shall not contact Consumers for other purposes other than in connection with the Service such as but not limited to information mining of consumer.
In the event the designated driver/merchant has breached any of the above said clauses, MyAider reserve the right to take such action as may be appropriate against designated driver/merchant.
5.3 If the user has violated the platform rules, the platform has the right to take relevant measures, including but not limited to information deletion, shielding processing, restricted use, service termination, account closure or cancellation, etc. User shall also compensate for indirect economic losses of the platform, including but not limited to direct economic loss, goodwill loss, advance payment or compensation, settlement or mediation payment, lawyer’s fees, travel expenses, litigation costs, administrative fines, and other indirect economic losses.
6.1 Except for the responsibilities specified in the rules, the platform shall not be liable for the disputes and losses arising from the services.
6.2 Our designated driver are all qualified and well-trained driver who possess a driving license for more than two (2) years. If there’s any accident happened, the user may claim third party liability insurance or other insurance of the vehicle to compensate for the relevant personal and property losses.
6.3 In view of the particularity of Internet services and the platform information was provided by users, user shall make a prudent judgment and make an independent decision. The platform the platform may not review the authenticity and accuracy of information one by one and shall not be liable for any damage caused by this unless platform’s default is proven.
6.4 The driver’s information service provided by the platform is subject to the use of the user. The platform has the right to change, interrupt, or terminate part or all of the service at any time without prior notice, and does not guarantee that the service can meet the user’s expectation or requirements.
6.5 If user has failed to call or receive order through the channels and methods recognized by the platform, they shall not be able to enjoy any rights in the rules. The platform shall not be responsible for any disputes and losses arising therefrom.
7.1 MyAider makes no representation or warranty of any kind whatsoever in respect of the services provided by our partners include but not limited to the designated driver and merchant.
7.2 You expressly waive and release MyAider from any liability, claims or damages arising from or in any way related to the consumers or partners and fully agree that you shall bear all the risk resulting from the
use of the service provided in the platform. You have full knowledge on My Aider’s role as collection agent is solely mechanical and administrative in nature and does not owe duty of care or any fiduciary duties.
7.3 MyAider and/or its licensors shall not be liable for any loss, damage or injury arising out of, or in any way connected with the service, the platform, application and/or the software.
7.4 Fort avoidance of doubts, any claims or complaints between Partners and Consumers must be taken up with each other directly.
7.5 Any claims (if applicable) against MyAider and/or its licensors shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the services.
8.1 The ownership of all contents contained in the platform, including but not limited to text, graphics, logo, and software, belongs to MyAider Holding Sdn Bhd, which is protected by laws and regulations such as intellectual property rights. You shall not infringe upon the above-mentioned rights of the owner in any form in the process of using the service.
8.2 Without the permission of the platform, you are not allowed to copy or send any platform content, modify the platform related procedures, or create derivative products or competitive products accordingly.
8.3 This Terms of Service do not constitute a sale agreement and do not means to convey any rights of ownership and/or any intellectual property rights.
You acknowledge, agree and consent to MyAider to collect, use, process and disclose your personal data to other individuals for the authorized purposes only.
10.1 All the platform implementation rules, announcements, notices, products or process instructions issued through the official website, mobile phone app, Facebook account, Instagram account and We Chat official account are regarded as an integral part of the rules and have the same legal effect as the rules.
10.2 These Rules shall come into force as soon as they are published. The platform may publish or notify the release, modification, addition, and abolishment of the contents of the rules through the official website, mobile app, Facebook, Instagram, WeChat, SMS, etc., or restrict or terminate the use of some functions. User must pay attention to the public information on the platform at any time. Once the content of the rules is published or notified, it will take effect replacing the content of the original rules. If the user disagrees with the content published or changed, the user shall immediately stop using the relevant services of the platform; if the user continues to use the platform service, it shall be deemed that he has agreed to the published or changed of the content.
10.3 The platform has the right to restrict or terminate the services to users in the following circumstances:-
10.3.1 the mobile phone number provided does not exist or cannot receive information, and there is no other substitute way to contact;
10.3.2 when the rules are changed, express and inform the platform that they are not willing to accept the new changes;
10.3.3 those who have not used the platform service for one hundred and eighty (180) consecutive days;
10.3.4 illegal or breach of contract;
10.3.5 other service restriction or termination measures are taken to maintain the operation order of the platform;
10.3.6 the platform still enjoys the following rights after restricting or terminating the service provision:
i. continue to save the user’s registration information and use platform service information; and/or
ii. claim legal liability for the user’s illegal or breach of contract
11.1 The validity, interpretation, modification, implementation, and dispute resolution of the rules shall be governed by the Laws of Malaysia and the parties shall submit to the jurisdiction of the Courts of Malaya. If no relevant law could be found, general business practices and/or industry practices shall be referred to.
11.2 Any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Service or Policies shall be referred to the Malaysian Mediation Centre.
11.3 The invalidity of any clauses of the rules shall not affect the validity of the remaining clauses. MyAider as the platform operator has the final and exclusive right to interpret the terms and policies.
12.1 By agreeing to the Terms of Service upon accessing the Platform or using the Service, you agree that you shall indemnify and hold MyAider, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of the use of the Service, the Platform and/or any part thereof in dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors.
13.1 Time wherever mentioned shall be deemed to be of the essence of this Agreement.
13.2 Words importing the singular number includes the plural number and vice versa.
13.3 Words importing the masculine gender shall be deemed to include the feminine and neuter genders and the singular to include the plural and vice versa.
13.4 Words applicable to natural persons include anybody or persons, company, and/or corporation firm.
13.5 The users-consumer or partner shall include her personal representatives and permitted assigns of the parties hereto.
13.6 The headings are inserted for convenience or reference only and shall not be taken, read and construed as essential parts of this Agreement.
13.7 All references to provisions of statutes include such provisions as modified re-certified or re-enacted.
MYAIDER HOLDING SDN BHD
Southgate Commercial Center
D-06-15 Jalan Dua, Chan Sow Lin,
Kuala Lumpur 55200 W.P.K.L.
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