Read entirely for full terms and conditions.
Driver Terms and Conditions
By registering as a Driver on the smartdrivez.com.my website, (alternatively referred to herein as “Blyson”, we”, “us”, or “our” as the context requires), you are agreeing to the following Terms and Conditions. The Terms and Conditions constitute a binding contract between you and Blyson Sdn.Bhd (hereinafter referred to as “Blyson”). Blyson is the owner and operator of smartdrivez.com.my and it’s mobile applications made available on iOS or Android devices, and other promotional applications as developed by Blyson from time to time (hereinafter collectively referred to as “smartdrivez.com.my”). For purposes of this contract (alternately referred to as “Contract” “Terms and Conditions” or “Agreement”), any references to “you” or “your” within this document shall refer to you, the Driver utilizing the Blyson website, mobile application, and/or referral service and software. Any reference to “we” “us” or “our” shall refer solely to Blyson.
Definitions
Except as otherwise defined in this Agreement, capitalized terms have the meanings set forth herein.
“Customer” is a customer, whether registered or not registered, of smartdrivez.com.my that utilizes Blyson’s referral service to avail themselves to Drivers willing to provide designated driving services.
“Driver” is a registered driver of smartdrivez.com.my that utilizes Blyson’s referral service to avail themselves to Customers to provide designated driving services.
Description of Service
Blyson is a referral service that provides information to you about where and when you may perform driving services. By signing up with this service (referred to as “online service,” “referral service,” or simply “service”), we agree to provide you with timely information about individuals that you may serve. We require a referral fee and compliance with this Agreement in exchange, as detailed in the terms of this document. By creating an account and accepting our referrals, you agree to abide by all of the terms and conditions in this Agreement. As a driver you agree never to take a customer’s vehicle for any personal use in all respects. This includes purchasing a meal, seeing friends, returning home during a reservation, etc.
Online Account
By completing the Driver registration process, you will receive a password and account name for access to an online account with smartdrivez.com.my. You will be solely responsible for maintaining the confidentiality of the online account and its password, and are solely responsible for any and all activities that occur under your account.
As a smartdrivez.com.my account holder, you agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always exit from your account at the end of each session. You agree that Blyson cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You acknowledge, consent and agree that Blyson may access, preserve and disclose your account information if, in our sole discretion, we believe doing so is in any manner necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any online content that violates the legal rights or obligations of third parties with whom we contract; (d) respond to your requests for customer service; or (e) protect the rights, property and personal safety of Blyson, its users and the public.
Blyson, in its sole discretion, expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of our online services and referral services. Reasons for doing so include, but are not limited to, instances in which Blyson believes in its sole discretion, you have: (i) violated or tried to violate the legal rights of others to use the services of and/or associate with Blyson; or (ii) have violated this Agreement. You hereby agree that, under this Agreement, Blyson is not required to give you any prior notice of termination of your account and referrals.
By creating an online account, you acknowledge and understand that the software that embodies smartdrivez.com.my includes security components that allow us to protect, record, and preserve data that is utilized by operation of the software and your personal privacy. For more information about Blyson’s security and privacy controls, see Blyson’s Privacy Policy available here. By using any software made available through the online service, you agree that you shall not attempt to override or circumvent any such protective, recording, or preservation measures, including but not limited to the usage rules embedded in the software.
Driver Conduct
• You agree to use smartdrivez.com.my only for lawful purposes.
• You agree to not make any disparaging comments about Blyson, its employees, Customers or other Drivers.
• You agree to act in a professional and responsible manner in performance of all driving services referred by Blyson.
• You agree to use smartdrivez.com.my only for its intended purposes.
• You agree not to disrupt smartdrivez.com.my.
• You agree not to interfere with or compromise the security of smartdrivez.com.my, or any computer, server, account, network, data, software and/or hardware associated with smartdrivez.com.my.
• You agree not to disrupt or interfere with any other visitor’s use of smartdrivez.com.my.
• You agree not to attempt to obtain access to any portion of smartdrivez.com.my, any computer, server, account, network, software and/or hardware associated with smartdrivez.com.my, from which you are restricted.
• You agree that you are solely responsible for any actions you undertake while visiting smartdrivez.com.my and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to smartdrivez.com.my and the Internet, including Malaysian copyright law and export regulations.
• You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to smartdrivez.com.my.
• You warrant that all information you provide to gain access to the services provided by smartdrivez.com.my is accurate and truthful.
• Blyson reserves the right to prohibit any conduct involving smartdrivez.com.my that it deems to be inappropriate or illegal.
• Blyson does not knowingly or intentionally collect personal information from children under the age of 13. The content of smartdrivez.com.my is directed at adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to Blyson.
Driver Compensation
Three conditions exist by which you may receive compensation:
1. Personal Driver: In the instance that a referral Customer is billed at the rate of RM25.00 for the Reserve a Driver option, you shall be compensated at the rate of RM20.00 per hour for services related thereto that you provide. Blyson shall retain the sum of RM5.00 per partial or full hour you provide service.
Your total compensation under this provision, less a 5% maintenance fee and 2% background check fee per successful referral, shall be deposited directly into a financial account, chosen by you, no later than fourteen (14) days from the date Blyson receives compensation from the referred Customer.
2. Car Pick Up: In the instance that a referral Customer is billed a flat rate of RM40.00 plus RM4.00 per KM for the Driver Pick Up option, you shall be compensated at the rate of RM34.00 plus RM3.40 per KM for services related thereto that you provide. Blyson shall retain the difference between the total charged to the Customer and the total earned by the Driver. Upon arrival at the pickup location, you are expected to wait 15 minutes for the Customer. You may leave after 15 minutes if the Customer is unresponsive, or you have another obligation. It is encouraged that you remain for a reasonable amount of time after the initial 15 minutes.
Your total compensation under this provision, less a 5% maintenance fee and 2% background check fee per successful referral, shall be deposited directly into a financial account, chosen by you, no later than fourteen (14) days from the date Blyson receives compensation from the referred Customer.
3. Car Hire + Personal Driver: In the instance that a referral Customer is billed at the rate of RM30.00 for the Car Hire + Personal Driver option, you shall be compensated at the rate of RM25.50 per hour for services related thereto that you provide. Blyson shall retain the sum of RM4.50 per each hour you provide service.
Your total compensation under this provision, less a 5% maintenance fee and 2% background check fee per successful referral, shall be deposited directly into a financial account, chosen by you, no later than fourteen (14) days from the date Blyson receives compensation from the referred Customer.
You hereby agree that Blyson may alter all rates of compensation at any time, without prior notice to you, to affect any future referral under this Agreement. Under Blyson’s sole discretion, the company reserves the complete right to withhold or refuse payment to any Driver in partial, or full, and may do so for whatever reason and at any time. Without limiting the foregoing, in the event that Blyson arranges for any Driver to provide driving services for a referral Customer and such Driver does not follow through in providing such driving services after such Driver has accepted such referral business, then Blyson reserves the right to withhold all or any part of the compensation then owing to such Driver for prior services performed as liquidated damages for the purpose of defraying Blyson’s expenses and lost business incident to such Driver’s failure to follow through and perform the referral business. Driver agrees that the withholding of such compensation is a reasonable forecast of just compensation for anticipated and actual harm incurred by Blyson, and that the actual harm incurred by Blyson cannot be estimated with certainty and without difficulty. The withholding of compensation is in additional to, and not in lieu of, Blyson’s other rights and remedies hereunder or under applicable law.
If you have a last minute order cancellation (within four (4) hours start time of the order), you agree that Blyson may penalize you up to 20% of the total cost of the reservation from their driver balance if the reason for cancellation is not decided as sufficient by Blyson.
Confidentiality
By creating an online account and/or accepting referrals with Blyson, you hereby agree to keep confidential all Customer referral information, including but not limited to names, addresses, contact information, vehicle information, insurance information and any other information garnered as a result of your relationship with Blyson.
You shall not use or disclose, in any manner or to any person, any fact or occurrence that resulted from a referral related to your relationship with Blyson. You are prohibited from publishing to any person any information regarding referrals that may be of a personal or confidential nature, including but not limited to personal observations which, if disclosed, would be embarrassing, or humiliating, or cause any individual to be held in lower esteem in their community or the community in which the information is published. This term does not apply where disclosure is required (i) by law; (ii) to otherwise comply with legal process; (iii) to comply with the terms and conditions set forth in this Agreement; or (iv) to protect any individual from immediate risk of serious physical or financial harm.
The foregoing restriction shall continue in effect indefinitely, and shall survive the expiration or termination of your status as a registered Driver for Blyson.
If you violate this provision, Blyson may, in its sole discretion and without notice (i) suspend or terminate you from current or future services through Blyson; (ii) pursue any remedy necessary to enforce this provision in a court of law; and (iii) and recover damages related to enforcing this provision including but not limited to (a) damages in the amount that may be obtained were the Customer to pursue any related claim against you in a court of law; (b) moneys that are paid in settlement or award of a claim against Blyson; (c) costs; (d) expenses; and (e) attorney fees.
Non-Compete
You are not permitted to provide driving services to the Customer referrals you receive from Blyson except through your contractual relationship with Blyson. You hereby agree that providing additional designated driving services of the type provided to Customer referrals from Blyson, and to Customer referrals you learn of through Blyson is a material breach of this Agreement, and all rights and protections provided by this Agreement to you are null and void, and you hereby waive any rights or remedies you have against Blyson under this agreement or under applicable law.
If a Blyson Customer contacts you directly to provide driving services outside smartdrivez.com.my, regardless of the situation, you must report the Customer name to Blyson as soon as possible. Failure to report a Blyson Customer that contacts you directly for driving services is a material breach of this Agreement.
If you violate this provision, Blyson may, in its sole discretion and without notice, in addition to any remedies available under applicable law, (i) suspend or terminate you from current or future services through Blyson; (ii) pursue any remedy necessary to enforce this provision in a court of law; and (iii) and recover damages related to enforcing this provision including but not limited to (a) lost profits; (b) costs; (c) expenses; and (d) attorney fees.
The foregoing provision shall apply so long as you are registered as a Driver with Blyson, and for a period of two (2) years thereafter. To the extent that the law of your jurisdiction will not allow enforcement of this restriction, then the restriction will be as broadly construed as the law of your jurisdiction will allow.
Copyright, Trademark and Intellectual Property
All information, content and material made available by Blyson through smartdrivez.com.my, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the smartdrivez.com.my or any component or element of smartdrivez.com.my (collectively, the “Content”) is owned by or licensed to Blyson. The compilation of the Content on smartdrivez.com.my is the exclusive property of Blyson and its licensors and is protected by Malaysian and international copyright law.
Blyson and its licensors retain all rights in the Content of smartdrivez.com.my. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.
Blyson grants you permission to display and print the Content of smartdrivez.com.my (other than the computer code comprising smartdrivez.com.my) for your personal, non-commercial use only; provided, that, even if you display or print the Content of smartdrivez.com.my as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.
The Content may not be used in connection with any service or information that is not Blyson’s or in any manner that is likely to cause confusion among consumers or that disparages Blyson. The rights granted herein terminate automatically if you breach this Agreement. Upon termination of these rights, you must immediately destroy any Content you displayed or printed.
Blyson and all derivations thereof are trademarks of Blyson. Other marks used on smartdrivez.com.my are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Blyson and may not be used, copied or imitated without the prior written consent of Blyson.
Independent Contractor
You hereby acknowledge and agree that you are an independent contractor receiving referral service from Blyson. You hereby acknowledge that you are not an employee of Blyson. You and Blyson agree that this relationship does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the parties. You are not authorized to enter into or commit Blyson to any agreements, and you shall not represent yourself as the agent or legal representative of Blyson.
Further, as an independent contractor, you shall not be entitled to participate in any of the Company’s benefits, including without limitation any health or retirement plans. You shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in this Agreement.
Blyson shall not be liable for taxes, Worker’s Compensation, unemployment insurance, employer’s liability, EPF,SOCSO, social security, withholding tax, or other taxes or withholding for or on behalf of you or any other person consulted or employed by you in performing services under this Agreement. All such costs shall be your responsibility.
Alteration of smartdrivez.com.my
Blyson may change, suspend or discontinue any feature, aspect, or service available through smartdrivez.com.my at any time. Blyson may alter the availability of any feature of smartdrivez.com.my or service related to any feature of smartdrivez.com.my at any time. Blyson may add, remove or modify any content of smartdrivez.com.my, including that of third parties, at any time.
Liability
As a condition of receiving referrals from Blyson, you are required to maintain current coverage by and carry proof of your respective state’s minimum motor vehicle insurance. You shall provide a copy of the policy to Blyson prior to receiving referrals.
Furthermore, you agree to confirm, by visual inspection, that the Customers for whom you provide driving services also have current automobile insurance (liability insurance and property damage insurance) coverage that covers services provided through Blyson referral and contemplated in this Agreement. You hereby acknowledge and affirm that you or the referred Customer may be personally liable for damages that either the Customer’s or your insurance does not cover.
You also agree to inspect the Customer’s vehicle for any scratches, dents, or any other pre-existing damages prior to beginning the order. You agree to make a written record of these damages and bring them to the Customer’s attention prior to the beginning of the order.
You also agree that you will notify Blyson immediately if you or the referred individual does not have insurance for any reason, including failure to purchase, cancellation, or lapse.
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that Blyson cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, representatives, staff, and other clients and their families. I voluntarily seek services provided by Blyson and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while utilizing or providing services.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation in Blyson services, and I willingly engage in Blyson services (the “Activity”).
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST BLYSON AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK.
I acknowledge and understand the following:
1. Participating in BLYSON services includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE.
I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a customer, or participant, I recognize that my participation and/or involvement (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, I acknowledge and assume all risks and dangers associated with your participation and/or services at the Activity, and I agree that: (a) BLYSON (b) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (b), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, I HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Duty to Abide by Laws and Safety Guidelines
You are required to drive safely and obey all applicable laws, including but not limited to any posted traffic and safety laws, at all times while performing the driving services contemplated in this Agreement.
For example, the following occurrences are prohibited during the existence of this Agreement between you and BLYSON, and may lead to termination of your account:
1. Arrest or conviction of any major traffic offense
2. Any conviction for DUI (driving under the influence) or DWI (driving while intoxicated) or OVI (operating a vehicle while intoxicated) or such similar offense in any Malaysian state that prohibits operation of a motor vehicle while under the influence of any chemical agent that causes intoxication or substantial impairment of the senses required to operate a motor vehicle.
3. Suspension or loss of your driver’s license or your unrestricted driving privileges.
4. Conviction of any felony, or any other crime involving moral turpitude.
5. Suspension or loss of your automobile insurance.
6. A belief, formed by BLYSON and manifested in its sole discretion and in reliance on any available information, that you have provided driving services through this Agreement while using, having used, or under the influence of any chemical agent or substance that causes intoxication or substantial impairment of the senses required to operate a motor vehicle.
7. Involvement in any automobile accident where you are found to be at fault.
8. Violation of the Privacy Policy, Customer Terms and Conditions, and/or Driver Terms and Conditions.
9. Any false statements made on your driver registration form.
10. The use of a mobile device while driving, including, but not limited to, texting while driving or using an app or the internet while driving.
Indemnification
You agree to hereby release and indemnify BLYSON and its officers, directors, employees, agents and other representatives from and against any liability for any injury, loss or damage resulting from a referral from BLYSON. You agree to hereby indemnify, defend and hold harmless BLYSON and its officers, directors, employees, agents and other representatives from and against all damages, losses and causes of action including without limitation damage to property, bodily injury, or death to the extent caused by:
1. Breach of any terms and conditions of these Terms and Conditions by you or BLYSON;
2. Negligent or wilful acts by you or BLYSON;
3. Non-compliance or breach of any applicable law, rule or regulation by you or BLYSON; and/or
4. Infringement of any right of any third party by you or BLYSON.
You hereby acknowledge that, if due to your negligence, the referred Customer’s vehicle gets towed, ticketed, or the vehicle’s battery dies; you, and not BLYSON, will be solely responsible for the payment of any corresponding costs that are the actual and proximate result of that negligence.
Duty to Notify & Cooperate / Procedure in Case of Accident or Injury
In case of an accident, injury, violation of law, or violation of the terms and conditions of this Agreement by any person, you agree to provide immediate, written notice to BLYSON. Written notice shall include a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages are alleged, sent to “info@smartdrivez.com.my.”
Once you notify BLYSON of any accident or injury to persons or property, BLYSON will provide you with the information necessary to contact the referral Customer and his/her insurance carrier. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with your insurance carrier or a referred Customer and his/her insurance carrier.
You also agree to fully and timely cooperate in any investigation by BLYSON of any incident reported by you, a referral Customer, or any other person; any suit brought by a third party; and/or any process of binding arbitration that may affect a right or interest of BLYSON. You acknowledge that your cooperation shall include, when relevant, release of any insurance information and medical information and/or tests, including your medical and law enforcement records, related to any accident, injury, violation of law, or violation of the terms and conditions of this Agreement.
Disclaimers
EXCEPT AS PROVIDED IN THIS AGREEMENT, SMARTDRIVEZ.COM.MY IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. BLYSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF SMARTDRIVEZ.COM.MY, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH SMARTDRIVEZ.COM.MY.
THE COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH SMARTDRIVEZ.COM.MY (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.
YOU AGREE THAT BLYSON IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO SMARTDRIVEZ.COM.MY OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH SMARTDRIVEZ.COM.MY.
BLYSON MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE SMARTDRIVEZ.COM.MY OR ANY PAGE OF SMARTDRIVEZ.COM.MY AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.
YOU AGREE TO VISIT SMARTDRIVEZ.COM.MY SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF SMARTDRIVEZ.COM.MY, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH SMARTDRIVEZ.COM.MY IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT SMARTDRIVEZ.COM.MY WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH SMARTDRIVEZ.COM.MY ARE ACCURATE, RELIABLE, OR CURRENT.
THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH SMARTDRIVEZ.COM.MY.
YOU AGREE THAT SMARTDRIVEZ.COM.MY MAY SEND COMMUNICATION TO YOU VIA EMAIL, SMS, OR PHONE CALLS TO THE EMAIL ADDRESSES AND PHONE NUMBERS YOU’RE PROVIDED AT ANY TIME.
Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING SMARTDRIVEZ.COM.MY SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SMARTDRIVEZ.COM.MY, THE SERVICE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE SMARTDRIVEZ.COM.MY, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH SMARTDRIVEZ.COM.MY. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, BLYSON’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF SMARTDRIVEZ.COM.MY OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH SMARTDRIVEZ.COM.MY OR ANY OTHER WEBSITE LINKED TO SMARTDRIVEZ.COM.MY RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.
Waiver
Any failure by smartdrivez.com.my to exercise its rights as stated in this Agreement shall not constitute a waiver thereof. You shall not be entitled to a waiver of any of the terms or conditions of this Agreement unless one is obtained in a writing signed by both you and BLYSON.
Marketing
Except through smartdrivez.com.my or with express permission from BLYSON, you hereby agree that you shall not create or participate in any advertisement that identifies both you and any affiliation with smartdrivez.com.my or BLYSON. “Advertisement” is defined as any informational message, including any radio advertisement, billboard, flyer, leaflet, or other physical medium; or any website, mobile application, banner ad, or other digital medium that either identifies smartdrivez.com.my or BLYSON, and/or uses any of its intellectual property, including copyrighted text, pictures, and images; and marks protected by Malaysian trademark laws.
You agree that BLYSON retains sole authority to advertise its service, and may continue to do so in its sole discretion, notwithstanding the terms, conditions and obligations set forth in this Agreement. BLYSON also has the sole authority to use your name, image, likeness, personal attributes, and/or driving record to promote its service and your relation thereto.
Arbitration
Any dispute over this Agreement or any other matter between you and BLYSON shall be subject to binding arbitration, with an arbitrator chosen by BLYSON. You and BLYSON agree to share the cost of the arbitrator.
Cancellation
To cancel your subscription at any time, email “info@smartdrivez.com.my”
Amendments
BLYSON reserves the right to amend this agreement at any time, without notice, to affect future dealings between you and BLYSON. You may not alter this Agreement, your obligations, or our obligations unless such an alteration is obtained in a writing signed by both parties.
Termination
Breach of any of this Agreement shall entitle BLYSON, in its sole discretion, to suspend or terminate your registration as a Driver receiving referrals through the BLYSON.
Entire Agreement
This Agreement constitutes the entire agreement between both parties, and supersedes all prior oral or written promises and contracts regarding your use of the services of BLYSON.
