Terms & Conditions

Terms & Conditions

 

Please read these terms & conditions (“Terms” or “Terms of Use”) carefully before using the website / www.smartdrivez.com.my and services offered by SmartDrivez (BLYSON SDN BHD). This agreement sets forth the legally binding terms and conditions for your use of the www.smartdrivez.com.my website and referral service provided by SmartDrivez. BLYSON SDN BHD is the owner and operator of www.smartdrivez.com.my (Collectively, the “Site”) and other promotional applications as developed by BLYSON SDN BHD.

SmartDrivez does not employ drivers or provide transportation services and it is not a transportation carrier. SmartDrivez only acts as an intermediary between passengers and third party drivers and offers a referral service to connect passengers and third party drivers with each other.

Any decision by a user to offer or accept transportation services once such user is matched through the site is a decision made in such user’s sole discretion. SmartDrivez has no responsibility or liability for any transportation services voluntarily provided to any passenger by any third party driver using the site.

 

Use of our referral service

The Site provides a transportation referral service though which persons who seek transportation for themselves and their vehicles (each a “Passenger”) may request and be matched with a driver registered with SmartDrivez (each a “Driver”) to pick up Passenger at a designated location and drive Passenger to designated locations in a Passenger’s own vehicle (the “Passenger Vehicle”), (collectively, the “Referral Services” or simply the “Services”).

By registering as a customer on the Site, you (referred to herein as ‘you’, ‘User’, or ‘Passenger’) are agreeing to the following Terms. These Terms constitute a binding contract between you and SmartDrivez. These Terms apply to all users of the Site including, without limitation, users who are vendors, customers, merchants, contributors of content, information and other materials or services on or through the Site. These terms are effective and will continue as long as you are a User of the Site, provided, however, that SmartDrivez may cancel your account and terminate your membership at any time and for any reason or no reason at all. Any reference to “we” “us” or “our” shall refer solely to SmartDrivez.

BLYSON SDN BHD is the owner and operator of the Site and reserves the right to modify the terms and conditions of the Terms or its policies relating to the Site at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of the Site after any such changes shall constitute your consent to such changes.

 

Drivers are independent contractors and not employees of SmartDrivez.

You hereby acknowledge that you are receiving only referral services from SmartDrivez, and that each driver to whom you are referred is an independent contractor and is not an employee of SmartDrivez.

You and SmartDrivez agree that this relationship does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the driver and SmartDrivez.

You also acknowledge that any driver to whom you are referred is not authorized to commit SmartDrivez to any agreements beyond this agreement, furthermore, driver is contractually bound not to represents itself as an agent or legal representative of SmartDrivez, and shall not be construed as ever doing so.

 

Disclaimer and release

You expressly understand and agree that your use of the services and the site is at your sole risk. You are willing to personally bear any risks related to your use of the services, assuming full responsibility for any harm or damage that may result. All services are provided on an “As is, where is” basis. SmartDrivez expressly disclaims all warranties, guarantees, and conditions of any kind whether express or implied. Rider acknowledges that in exchange for receipt of the services, rider hereby: (A) releases SmartDrivez, its members, for any injury, including death or property damage that may occur in connection with the services; and (B) agrees not to initiate any legal proceedings against SmartDrivez, its members, managers, employees, agents with respect to any such claims or damages.

 

Eligibility

You may use the Site only if you can form a binding contract with SmartDrivez, and only in compliance with these Terms and all applicable local, state, federal, and international laws, rules and regulations. Any use or access to the Site by anyone under 18 is strictly prohibited and in violation of these terms. The Site is not available to or authorized for use by any users previously removed from the Site by SmartDrivez, any users or persons acting on behalf of an organization or entity and not in his or her personal or individual capacity, or any users accessing the Site for any purpose other than to seek to participate in an actual ride for personal purposes, unless specifically authorized by SmartDrivez (collectively “Unauthorized Users”). Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Site. Any such unauthorized use is strictly forbidden and shall constitute a violation of federal and applicable state and local laws.

 

Limited license

Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for personal, non-commercial use only and as permitted by the features of the Service and applicable law, including but not limited to state rideshare and carpool exemptions. SmartDrivez reserves all rights not expressly granted herein in the Service and the Site Content (as defined below). SmartDrivez may terminate this license at any time for any reason or no reason.

 

Site content

Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, intellectual property, photographs, audio, videos, music, and User Content belonging to other Users (the “Site Content”), and all intellectual property rights related thereto, are the exclusive property of SmartDrivez and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Site Content. Use of the Site Content for any purpose not expressly permitted by these Terms is strictly prohibited.

 

Feedback

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Site or our Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SmartDrivez under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SmartDrivez does not waive any rights to use similar or related ideas previously known to SmartDrivez, or developed by its employees, or obtained from sources other than you.

 

Online account

By creating an online account on the Site, you will receive a password and account designation for access to an online account with SmartDrivez. 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 an SmartDrivez 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 SmartDrivez 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 SmartDrivez 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 these Terms; (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 SmartDrivez, its Users and the public.

SmartDrivez 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 SmartDrivez 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 SmartDrivez; or (ii) have violated these Terms. You hereby agree that, under these Terms, SmartDrivez 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 the Site may include security components that allow us to protect, record, and preserve data that is utilized by operation of the software. By using any software made available through the Site, 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.

 

Passenger covenants

Passenger covenants and agrees to:

  • Allow Drivers to drive the Passenger Vehicle for the purposes set forth in these Terms;
  • Obey all civil and criminal laws, including but not limited to seat belt and open container laws;
  • Avoid all unnecessary and/or inappropriate physical contact with the Drivers, before, during and after the pick-up, transport and drop-off;
  • Pay any expenses required to get the Passenger Vehicle safely to the designated drop-off location, including but not limited to: (i) fuel costs if any Driver, in his or her sole discretion, concludes that based on the Passenger Vehicle’s fuel gauge reading, the Passenger Vehicle has insufficient fuel to reach the designated drop-off location; (ii) towing or other emergency roadside expenses resulting from mechanical failure of the Passenger Vehicle; (iii) tolls; and (iv) parking fees;
  • Allow SmartDrivez or any Driver to seek emergency medical care in the event Passenger or any other passenger is injured or becomes ill during transport from the pick-up location to the drop-off location;
  • Allow SmartDrivez or any Driver to leave the Passenger Vehicle locked and parked in the hospital or urgent care parking lot in the event of an emergency; keys will be retained by the Driver until such time as Passenger or a family member or other authorized person authorizes their release;
  • Allow, in the case of an emergency (as SmartDrivez or any Driver may determine necessary), SmartDrivez or any Driver to contact the emergency contact person identified by Passenger; and

 

Passenger vehicle representations

Passenger represents and warrants that as of each date on which Passenger requests Services:

  • The Passenger Vehicle to be operated by the Driver has been registered with SmartDrivez in the manner that SmartDrivez requires;
  • Passenger is authorized, without restriction, notice, consent or permission, to request the Services and to allow the Drivers to operate the Passenger Vehicle as contemplated in these Terms and elsewhere on the Site;
  • Passenger is the rightful owner or lessee, as applicable, of the Passenger Vehicle;
  • The Passenger Vehicle’s Road Tax and Insurance are current, a copy of the Road Tax will be in the vehicle, and the Passenger Vehicle is covered by a fully comprehensive insurance policy under which the Drivers are covered;
  • The Passenger Vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the Passenger Vehicle to be unfit or unsafe to drive;
  • No contraband, substance or other items that are illegal for public transport (including, without limitation, firearms or other weapons, explosives, alcohol, drugs or drug paraphernalia and stolen property) are within the Passenger Vehicle; and
  • The Passenger Vehicle will have sufficient fuel to reach the designated drop-off location.
  • Passenger carries automobile insurance providing property damage, collision and comprehensive coverage, that there are no driver restrictions in Passenger’s insurance policies and that such policies are in full force and effect at the time that the Driver is providing services to Passenger.

 

Payment

SmartDrivez shall charge you for the transportation services provided to you by the Driver on behalf of the Driver. You agree that you will pay for all transportation services you purchase from the Driver, and that SmartDrivez may charge your credit card account / online bank account or e-Wallet as provided by you when registering for the Service for the transportation services that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing SmartDrivez with a valid credit card account / online bank account or e-Wallet for payment of all fees at all times. Any payment made is non-refundable.

SmartDrivez uses a third-party payment processor (the “Payment Processor”) to link your credit card account / online banking account or e-Wallet to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. SmartDrivez is not responsible for any errors by the Payment Processor.

The rates that apply for the Services by the Driver can be found on the Site. SmartDrivez reserves the right to adjust, at any time, the fees for its Services. Passenger understands that SmartDrivez Services are available on a first come first serve basis and may not be available when a Passenger requires such Service unless booked in advance. In addition, Passenger understands that on occasion, due to the nature of the Service, it may take longer than anticipated for a Driver to get to your location. There may be occasions when a deviation from the original booking arrangements could occur due to unforeseen circumstances. In such cases, Passenger agrees to hold SmartDrivez harmless for any situation or circumstances that may arise as a result of any such delay.

 

Assumption of risk

Passenger is aware and acknowledges that the use of the Services involves an inherent risk of injury, death, and property damage to Passenger and Passenger’s guest and invitees. In addition to the inherent risks involved in the operation of an automobile in the possession and control of Passenger on public and private roadways, Passenger is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of a Driver and SmartDrivez and its and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees, including, without limitation, the risk of negligent instruction or supervision. Passenger voluntarily agrees to assume all risks of injury, death, and property damage to Passenger and any and all passengers of the vehicle operated by a Driver and Passenger waives any and all claims or actions that Passenger may have against a Driver and SmartDrivez and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees.

 

Limitation of liability

Your use of THE Site and/or any Services is at your own risk. The Site and Services are provided on an “as is” basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

SmartDrivez and its agents, successors, officers, employees, members, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees will not be liable for any direct, indirect, or consequential loss or damage whatsoever arising out of or in connection with the use of the site and/or services.

Passenger releases SmartDrivez and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees (collectively, the “Released Parties”) from all liability to Passenger and Passenger’s principals, employees, agents, representatives, guardians, successors, assigns, heirs, guests, invitees children, and next of kin for all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to these Terms or to the Services provided by Released Parties, regardless of where the injury, death, or property damage occurs. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties.

Passenger expressly understands and agrees that passenger bears sole responsibility for any loss. Notwithstanding the foregoing, in no event shall SmartDrivez assume liability under this agreement, whether arising from contract, warranty, negligence, tort or otherwise, exceed the aggregate amounts paid to SmartDrivez by passenger for the services that are the subject of the claim over the three (3) month period immediately preceding the event that gave rise to such claim.

 

Indemnification by passenger

Passenger agrees to indemnify, defend and hold harmless SmartDrivez and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”) relating to or arising out of or in connection with: (i) the transportation of Passenger by any Driver and any and all Services provided to Passenger by SmartDrivez and its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees; (ii) the breach of any of the representations and warranties of Passenger contained in these Terms; and (iii) the breach of any covenant or agreement of Passenger under these Terms.

 

Reservation of rights

If we believe, in our sole discretion, that a violation of these Terms has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms, including without limitation any violation arising from any user information. We may seek to gather information from a user who is suspected of violating these Terms (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any information, emails, or other materials that are believed to violate these Terms.

 

Intellectual property

You acknowledge and agree that SmartDrivez exclusively owns all rights, title and interest in and to the information and content provided through the Site and all proprietary rights in the information. Reproduction, distribution and transmission of any information obtained from the Site is strictly prohibited, except with prior written permission from SmartDrivez. You also may not republish, post, transmit or distribute any content without our consent. You further agree not to create abstracts from or scrape our content for use on another website or service.

 

Governing law; venue

All matters relating to these Terms, shall be governed by the laws of Malaysia and parties and hereto shall be subjected to the exclusive jurisdiction of the Courts of Malaysia.

 

Severability

In the event any provision of these Terms is held to be invalid or unenforceable; the remaining provisions of these Terms shall remain in full force and effect.

 

Time to bring claims

You agree that any claim or cause of action arising out of, or related to the use of, the Service or these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.

 

Survival

All terms and provisions hereof which should by their nature survive the termination shall so survive, including without limitation, those Sections relating to Limitations of Liability, Indemnification, Disclaimer of Warranties, Passenger Warranties, Intellectual Property.

 

Assignment

These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. We may freely assign these Terms without consent or notice.

 

Amendments

SmartDrivez reserves the right to amend these Terms at any time, without notice, to affect future dealings between you and SmartDrivez. You may not alter these Terms, your obligations, or our obligations unless such an alteration is obtained in a writing signed by SmartDrivez.

 

Enforceability

You hereby affirm that you are of sound mind and body to enter these Terms, are able to understand it, and hereby waive any defense to the enforceability of these Terms, including intoxication.

 

General

The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other.

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