© 2017 - 2019 by EEVOM SDN BHD

1. CONTRACTUAL AGREEMENT

The Terms and Conditions, also known as the Terms of Use, (hereinafter referred to as "TERMS"), is a legal binding agreement governing the use of the services by you, the individual, of applications, websites, content, products, and all other services (collectively referred to as the "Services") provided by EEVOM SDN BHD (Company No. 1219251-W), a company incorporated in Malaysia and having its registered address at I-01-05, 5th Floor, Block I, Setiawalk, Persiaran Wawasan, Pusat Bandar Puchong, 47160, Selangor, Malaysia and its subsidiaries and affiliates (collectively referred to as the "Company").
 
Please read and understand these Terms carefully before using the Services. By accessing the Services, you agree that you have read, understood and accepted the Terms.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the Company. If you do not agree to these Terms, you may not access or use the Services.

The Terms herein supersede any prior agreements or arrangements with you (if any).  The Company may amend or change these Terms at any time as it deems fit. Such changes will supersede previous versions and be effective upon the time of posting at this location.  You agree that it shall be your responsibility to review the Terms regularly and your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. 

The Company may at any time cease, deny or terminate these Terms or access to the Services or any portion thereof.

 

2. THE SERVICES

The Company develops, manages and runs a technology platform (hereinafter called “EEVOM”) that enables users to connect, arrange and schedule transportation services with third party transport service providers and allows the transportation service providers to accept the bookings in return. 

The Company does not provide transportation services or function as a transportation service provider. The Company shall not be responsible nor liable for the acts and/or omissions of any transportation service provider and/or any transportation services provided to you.

 

3. USER REPRESENTATION, CONDUCT & WARRANTIES

To use the Services, you must be at least eighteen (18) years of age and are legally in capacity to accept and agree to the Terms herein.  You shall not authorize any third parties to use your Account. You shall not allow any persons under the age of 18 to receive transportation services from third party transport service providers unless they are accompanied by you. You shall not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may use the Services for lawful purposes only (e.g., no transport of illegal or hazardous materials).  You shall not during your use of the Services cause nuisance, annoyance, inconvenience, property damage, or make fake bookings whether to the third party transport service provider or any other party. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your details at all times. You are also responsible in ensuring that your details are kept up to date in your account and that you may only possess one Account at any time.  The Services may only be accessed using authorized means and it is your responsibility to ensure that you use compatible devices as necessary and access the correct Services and version of your particular device and any updates thereto.  You are responsible for obtaining the required mobile and data network access necessary to use the Services.  The Company does not guarantee that the Services will function on any particular hardware or device.  In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet, mobile networks providers and electronic communication.

You are aware that standard telecommunication charges as per your individual mobile plans will apply when using the Services or when receiving or requesting the Services via SMS. You agree that the Services may send you any informational or marketing messages via SMS as part of the normal business operation of the use of the Services.

 

4. User Provided Content

The Company may allow you to provide feedback or comments on the Services through the Services textual, audio or visual content, mainly to be used for improvement of the Services provided to you in any way the Company chooses to do so.  Prior to providing your content (”User Content”), you represent and warrant that all User Content provided by you is solely and exclusively owned by you and not a copyright or licensed from any other person or entity. By providing the User Content to the Company, you agree to give the Company, its licensors, subsidiaries, third party service providers and agents irrevocable non-exclusive royalty-free rights to use the content for any purpose including publication, display, modification, distribution, exploitation, creation of derivative works and any other way the Company sees fit in all formats and distribution channels now known or hereafter revised. You understand and agree that there will be no financial compensation or credits provided to you by the Company or anyone else for that matter in relation to the use of the User Content in any form whatsoever. By providing the User Content, you warrant that neither the User Content nor your submission in any form of this content whether via uploading, emailing, verbally, publishing or any other means otherwise making available of such User Content nor the Company’s use of the User Content as permitted herein will infringe, misappropriate or violate any party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.  You agree and understand that these terms will stay in affect even after you have terminated your use of the Services.

 

5. PAYMENT

You acknowledge that the use of the Services may result in charges to you. You may choose to pay using electronic card or online banking to the Company or cash to the third party transportation provider directly. If you choose to use credit card as your payment method, then you are required to register your credit card details with the Company through the Services content related section. Only a valid credit card that belongs to you should be used for payment. If the card belongs to another person, then you warrant and agree that you have obtained the particular card holders consent and permission to use the card for the payment of the Services.

In the event that a credit card is used, the Company will deduct the payment from the pre-registered card upon the completion of the Services provided to you.  The company will then transfer these amounts to the third party transportation service provider and is deemed to be payment by you to the transport provider for the Services rendered.  In the event that you choose to pay by cash, the charges will be notified to you by the third party transport service provider upon arrival at your destination or completion of the rendered Services. You are responsible to ensure that this payment is made in full and it is your right to request for a receipt upon payment.

The Services allow for three types of transportation options provided by the third party transport service providers. The services are as follows, "PROMO TAXI", “SEDAN”, “MPV”. All Services are offered by either FIXED Fare or APP METER Fare. During your booking, you will be shown the Approximate Fare if you entered your destination in the App, for your ride if you were to pass through toll. The toll charges would be additional to your Final Fare, which you will pay to the driver. Your Final Fare could be below the meter fare or above the meter fare, but the Fare will be based on the Final Fare displayed by the EEVOM application.

All short distance and inner-city travel and Kuala Lumpur International Airport and long distance transportation (eg. Out of State travel) will be charged at a fixed rate or app meter based on your selection.  For fixed rate bookings, the rate will be provided at time of reservation through the Services depending on the destination and type of car category requested.  The rate will be based on a bidding process by the transportation service providers allowing you to have the lowest rate possible at time of booking. 

All payments made are non-refundable and if there are any disputes on the transportation service provided by the third party transportation service company, you shall take up or settle that dispute directly with the transport service provider.  In addition, any problem or dispute in relation to the credit card, you are responsible to resolve the problem or any disputes directly with your credit card company.  All charges are subjected to prevailing statutory taxes, duties and fees. 

 

6. LICENSE & RESTRICTIONS

With your compliance to the Terms, the Company grants you a limited, non-exclusive, non-transferable, limited, personal license to use the EEVOM application on your personal device, solely for your own personal and non-commercial use of the Services.

You shall not:- 

(i) copy or remove any copyright, trademark or other proprietary notices from any portion of the Services;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services;
(iii) decompile, reverse engineer or disassemble the Services for any reason including to build a competitive product or service, copy any ideas, features, functions, graphics or codes; 
(iv) link to, mirror or frame any portion of the Services;
(v) cause or launch any programs or scripts (automated or manual) for the purpose of flooding the server with multiple requests, surveying, indexing, or otherwise burdening or hindering the operation, performance and functionality of any aspect of the Services; 
(vi) data mine any portion of the Services and its contents; 
(vii) attempt to gain unauthorized or unlawful access to any part of the Services, its related systems or networks; 
(viii) attempt to impersonate any person in order to gain access to their account; and 
(ix) send any materials containing malicious files, viruses or any other harmful computer codes, scripts or programs.

 

7. OWNERSHIP

The Services and all rights therein including all Intellectual Property Rights are and shall remain property of the Company or the Company's licensors, where applicable at all times. Neither these Terms nor your usage of the Services, provide or grant to you any rights whatsoever, including the use of the Company quotes, names, logos, trademarks, products and services names.

 

8. CONFIDENTIALITY

All information that is not public knowledge or made publicly known by the Company is deemed confidential information.  You agree to keep in confidence such information in any form provided that is directly or indirectly made known to you by the Company or any other sources. This information includes, but not limited to, the Services, business affairs, sales plans; marketing plans, operational plans, financials, user related information and third party providers’ information.

 

9. PERSONAL DATA PROTECTION

For the purpose of providing the Services, you agree and allow the Company to collect, obtain, store and process your personal data and in accordance of the Personal Data Protection Act 2010. "Personal Data" means information about you, from which you are identifiable directly or indirectly. This includes but not limited to your name, identification card number, passport number, address, telephone numbers, credit or debit card details, email address, gender and date of birth.     

Provision of your personal data is on voluntary basis. However, any insufficient data provided by you may limit your usage of the Services and its related functions and may not allow the Company to provide you with information or updates from time to time. 

 

10. THIRD PARTY INTERACTIONS

The Company is not liable, obligated or responsible for any correspondences you may have with third party service providers in relations to any purchases or agreements you may have with them during the use of the Services.  You agree and acknowledge that any correspondence you may have with any third party through links from the Services, advertisements or any other means is solely on your own responsibility. 

 

11. DISCLAIMER

THE COMPANY AND ITS LICENSOR'S MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES.  YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS"; AND "AS AVAILABLE".  THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY, AVAILABILITY, SECURITY, OR COMPLETENESS OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES AND ITS PROVIDERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY DATA OR INFORMATION STORED OR PROVIDED THROUGH THE USE OF THE SERVICES IS ACCURATE OR RELIABLE AND DOES NOT TAKE RESPONSIBILITY OF ANY LOSS OF INFORMATION THROUGH THE DIRECT OR INDIRECT USE OF THE SERVICES IN ANY WAY. 

 

12. INDEMNIFICATION

You agree to defend, indemnify and hold the Company and its officers, directors, employees, licensors, affiliates, agents and third party service providers harmless from any and all claims, damages, costs, demands, losses, liabilities, and expenses (including attorneys' fees and costs), arising out of or in connection with, but not limited to: 
(i) your use or misuse of the Services or goods obtained through your use of the Services;
(ii) your dealings with third party service providers, licensors, advertisers, affiliates and agents;
(iii), your breach or violation of any of these Terms, or any applicable law whether or not referred herein;
(iv) the Company's use of your User Content; or 
(v) your violation of the rights of any third party, including third party Providers.

 

13. LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS WHATSOEVER FROM YOU OR ANYONE USING THE SERVICES THROUGH YOU.  THESE CLAIMS INCLUDE AND BUT NOT LIMITED TO ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGE OF ANY SORT OR LEVEL INCLUDING PERSONAL INJURY OR DEATH, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUE, LOSS OF PERSONAL FINANCE, PROPERTY DAMAGE OF AY KIND, LOSS OF DATA, DELAY OR CANCELLATION OF SERVICE, DELAYS OR CANCELLATIONS OF THIRD PARTY TRANSPORT SERVICE PROVIDERS, INABILITY TO USE OR ACCESS THE SERVICES FOR ANY REASON WHATSOEVER, YOUR INTERACTIONS, TRANSACTIONS AND DEALINGS WITH ALL THIRD PARTY PROVIDERS AND SERVICES, ADVERTISING SERVICES AND ACURACY OR RELIABILITY OF THESE SERVICES, YOUR RELIANCE, EXPECTATION AND SATISFACTION OF THE COMPANY'S OR THIRD PARTY'S SERVICES, EVEN IF THE COMPANY,ITS THIRD PARTY PROVIDERS OR LICENSORS HAVE BEEN ADVICED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.  IN ANY EVENT, THE COMPANY'S LIABILITY TO YOU SHALL BE LIMITED AND NOT EXCEED THE AMOUNT DUE FROM YOU IN UTILISING THE SERVICES DURING THE EVENT FROM WHICH HAS GIVEN RISE TO SUCH CLAIMS.           

 

14. NOTICE

The Company may give notice by means of a general notice on the Services or to the contact details that you have registered for the Services.  Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company and will be deemed given when received by the Company.

 

15. ASSIGNMENT

You shall not have any right to assign any of your right and obligations under this agreement without prior written approval of the Company.  The Company may assign any of its right and obligations under this agreement without your consent.

 

16. DISPUTES

You may channel any dispute in relation to the Services to the contact details provided through the Services.  The Company will manage the disputes in accordance line with the Terms set forth herein.

 

17. GOVERNING LAW

These Terms are governed by and to be applied in accordance with the laws of Malaysia.