PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS APPLICATION AND SERVICES:
Your access and use of the Application and Services constitutes your agreement to be bound by the following terms and conditions, the terms and conditions stated in the DRIVE with MULA’s Registration Form and the MULA Driver’s Code of Conduct which establish a contractual relationship between you and Mula Car Malaysia Sdn Bhd.
If you do not agree to these terms and conditions, you shall not access and/or use the Application and Services.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1.1 The Company is a technology company that does not provide and/or engage in transportation services and the Company is not a transportation provider. The Company offers the software and application for you to use it as a platform to offer transportation services to your customer.
1.2 The Company shall not be held liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profit, lost data, personal injury or property damages related to, in connection with, or otherwise resulting from any use of the software and application.
1.3 The meanings of some of the specially defined words and other guides to understanding this Agreement can be found in clause 26.0 of this agreement under the heading of ‘Glossary’.
2.1 Both the Company and you acknowledge and agree that this agreement is not an employment agreement. The Company is not employer, and you are not an employee of the Company.
2.2 You shall, at all time, not to claim and/or cause confusion to any person that you are the employee and/or staff and/or agent for the Company.
3.0 REPRESENTATION AND WARRANTIES
3.1 By using the Service, you expressly represent, warrant, undertake and agree that:-
3.2 Please take note that the aforesaid list in clause 3.1 is not exhaustive, the Company may add in and/or delete any terms as the Company deems fit in the future at the Company’s sole discretion.
4.0 LICENSE AND RESTRICTION
4.1 Subject to your compliance with these terms, the Company and its licensors, where applicable, hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, personal license to access and use the Application and/or software on your personal device solely in connection with your use of the services.
4.2 Any rights not expressly granted herein are reserved by the Company and/or the Company’s licensors.
4.3 You hereby covenant and undertake to the Company that shall not, and shall not allow any other party to do the following:-
4.4 Please take note that the aforesaid list in clause 4.3 is not exhaustive, the Company may add in and/or delete any terms as the Company deems fit in the future at the Company’s sole discretion.
5.0 PAYMENT TERMS
5.1 Any fees which the Company may charge you for the Service, are due immediately and are non-refundable (“Service Fee”). This no-refund policy shall apply always regardless of your decision to terminate your usage, our decision to terminate or suspend your usage, disruption caused to the Service either planned, accidental or intentional, or any reason whatsoever.
5.2 You acknowledge that the total amount of fare paid to you by the customer includes the software usage fee, which you are collecting on behalf of the company. Software usage fee may be up to 35% of the fare stipulated for the service for each time the customer completes a ride or delivery, which shall be determined by the company at its discretion, from time to time.
5.3 The Company may, at its sole discretion, make promotional offers with different features and different rates to any of the Customers whereby these promotional offers shall accordingly be honoured by you. The Company may determine or change the Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.
5.4 The Passenger or Customer may choose to pay for the Service by cash and where available, by credit, Mula Pay, Mula Wallet or debit card (“Card”). In the event that the Passenger or Customer chooses to pay for the Service by Card, all payments due to you, including tips (where applicable), for the Service will be channelled to you in the agreed quantum.
5.5 Any complaints that the Customer shall have regarding the transportation provided by you shall be taken up by the Passenger or Customer with you directly.
5.6 The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Customer to be in breach of the Terms and Conditions between the Customer and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.
5.7 You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.
6.1 You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
6.2 You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
7.1 You undertake to the Company that you shall keep confidential all of the confidential information relating to the Company which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the enforcement date of this agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement.
7.2 Confidential Information includes but not limited to Data, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.
7.3 You hereby covenant and undertake with the Company whereby all Confidential Information shall remain the exclusive property of the Company and you shall not use any Confidential Information for any purpose except with the written consent of the Company.
7.4 The above obligations of confidentiality shall not apply if you are required to disclosed it by law.
8.0 PERSONAL DATA PROTECTION
8.1 In compliance with the Personal Data Protection Act 2010, the Company wishes to give you notice that your Personal Data will be collected, recorded, held, stored and processed by the Company, including the Company’s employees, to be utilized and dealt with in accordance and in compliance with the Personal Data Protection Act 2010.
8.2 The Personal Data processed by the Company may include, but not is limited to, information concerning your name, age, identity card number, passport number, correspondence address, gender, date of birth, race, marital status, income tax details, contact information, nationality, family details, bank account details and any information about you in which you have provided to the Company in the DRIVE with MULA’s Registration Form or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health and religion.
8.3 The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
8.4 The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):
8.5 In connection with this, the Company may also from time to time for the above purposes request further Personal Data from you and subject to any notice to the contrary from you, you are deemed to have consented to provide the Company with the further Personal Data requested for.
8.6 The Company shall endeavour to safeguard and maintain the confidentiality of your Personal Data.
8.7 Kindly take note that certain Personal Data relating to you may be required to be disclosed to third parties, including but not limited to the following: –
8.8 In this regard, the Company shall endeavour to take all necessary steps to only disclose relevant Personal Data to the aforesaid said third parties. Further, kindly note that you may, at any time, write to us to limit how your Personal Data is being used / disclosed.
8.9 A “cookie” is an element of data that can be sent to your browser. Your browser may then store it in your system based on the preferences you have set on your browser. Cookies gather information about your operating system including, but not limited to, browser type, and Internet Protocol (IP) address. The Company’s website uses this information to better serve you when you return to our website. It is not our intention to use such information to personally identify a user. You have the option to configure your Internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further, you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the website.
8.10 This website may contain links to other sites. The Company is not responsible for the privacy practices or the content of such sites. If you link to or otherwise visit any other site, please review the privacy policies posted at that site.
8.11 The Company shall keep and process your data in a secure manner. The Company endeavours, where practicable, to implement the appropriate administrative and security safeguards and procedures in accordance with the applicable laws and regulations to prevent any unauthorized or unlawful processing of your Personal Data and any accidental loss or destruction of, or damage to your Personal Data.
8.12 Whenever the Company provides any Personal Data to any Third Parties the Company shall take reasonable steps to ensure that these parties are contractually bound not to use your personal information for any reason other than to provide the service they are contracted to provide and to adequately safeguard your personal information.
8.13 The Company endeavours to take reasonable precautions to ensure that the Personal Data that we collect and/or process is accurately reflected in our system in accordance with the details provided by you. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. Should there be any change to the information contained in your Personal Data supplied to the Company, kindly inform the Company as soon as possible.
8.14 You have the right to request access to your Personal Data held by the Company and make correction(s) thereto. To do so, you may:
(Collectively referred to as “Request(s)“)
8.15 Subject to any applicable restrictions under the Personal Data Protection Act 2010 and contractual conditions, the Company shall comply with such Request(s) within a reasonable time period.
8.16 If you do not consent to the Company processing your Personal Data for any of the Purposes and/or if you wish to access and/or make a correction / deletion to your Personal Data held by us, you may do so by making a written request to us and addressed to our Compliance Department. The written request can be made by way of: –
Address : 956, Jalan Bagan Ajam, Residensi Zamrud, 13050 Butterworth, Penang.
Email : email@example.com
8.17 The Company will, to the best of our abilities, effect such changes as requested within twenty-one (21) working days of receipt of such notice of change.
8.18 In continuing to use the service, you will be deemed to have consented to allow the Company to collect, record, hold, store, process and deal with your Personal Data until and unless we receive written notice to the contrary from you.
8.19 The Company shall have the right to modify, update or amend the terms of this Personal Data Protection Notice at any time by placing the updated Personal Data Protection Notice on this website. Your continued communication with us and/or your continued use of our website after publication of such modifications, updates or amendments to this Personal Data Protection Notice, with or without notification, constitutes binding acceptance of such modifications, updates or amendments.
8.20 If you have any questions or concerns regarding your privacy while using this website, please direct them to; firstname.lastname@example.org
9.0 THIRD PARTY INTERACTION
9.1 During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.
9.2 The Company shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party.
9.3 The Company does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall the Company be responsible for any content, products, services or other materials on or available from such sites or third party providers.
9.4 The Company provides the Service to you pursuant to the Terms and Conditions. You recognize, however, that certain third-party providers of transportation, goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.
9.5 The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue.
9.6 By agreeing to the Terms and Conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company.
9.7 The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.mula2u.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third-party Transportation Provider, other third-party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service
10.1 By agreeing to this Agreement upon using the Service, you are hereby agree that you shall defend, indemnify and hold the Company, its licensor and each such party’s parent companies, subsidiaries, affiliates, associates, officers, directors, members, employees, agents, lawyers and agents free from and against any and all suits, costs, damages, losses, liabilities, and expenses (including legal fees and costs) arising out or in respect of the following situations:-
10.2 Please take note that the aforesaid list in clause 11.1 is not exhaustive, the Company may add in and/or delete any terms as the Company deems fit in the future at the Company’s sole discretion.
11.0 DISCLAIMER OF WARRANTIES
11.1 The services are provided “as is” and “as available.” The Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.2 The Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free.
11.3 The Company does not guarantee the quality, suitability, safety or ability of third party providers.
11.4 You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
12.0 NETWORK ACCESS AND DEVICES
12.1 You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.
12.2 You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.
12.3 The Company does not guarantee that the Services, or any portion thereto, will function on any particular hardware or devices. In addition, the Services may be subjected to malfunctions and delays inherent in the use of internet and electronic communications.
12.4 The company shall not responsible for any delays, delivery failures, or other damage resulting from such problems.
13.0 LIMITATION OF LIABILITY
13.1 Any claims against the Company by you shall in any event be limited to the aggregate amount of all amounts paid by and/or due from you in utilising the service during the event giving rise to such claims.
13.2 In no event shall the Company be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage).
13.3 The Company shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
13.4 The Company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third-party providers including, advertisers and/or sponsors and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third-party providers including, advertisers and/or sponsors.
13.5 The Company will not be a party to disputes, negotiations of disputes between you and such third-party providers including third party transportation providers, advertisers and/or sponsors.
13.6 The Company cannot and will not play any role in managing payments between you and the third-party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you.
13.7 You expressly waive and release the Company from all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
14.1 Any notice which is required or permitted to be given by one party to the other may be given as follows: –
(a) by hand whereby it shall be deemed delivered on the day of acknowledgement of receipt; or
(b) by registered mail whereby it shall be deemed delivered within three (3) business days from the date of proof of posting notwithstanding that such mail may be returned undelivered by the postal authorities; or
(c) by fax whereby it shall be deemed delivered upon the issue to the sender of a transmission control or other like report from the dispatching facsimile machine which shows the relevant number of pages comprised in the notice to have been sent and the result of the transmission is ”OK”; or
(d) by email whereby it shall be deemed delivered within one (1) business day from the of proof of delivery notwithstanding that such mail may be returned undelivered by the Mail Delivery System.
addressed to the other party’s address and/or email address set forth in the DRIVE with MULA’s Registration Form or to such other address and/or email address as may be substituted by notice to the other party.
15.0 INVALIDITY AND SEVERABILITY
15.1 If any provision of this Agreement shall be found by any Court and/or Administrative Body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
16.0 ENTIRE AGREEMENT
16.1 This Agreement shall constitute the entire agreement and understanding between the parties and shall supersede all prior representations, agreements, statements and understandings, whether verbal or in writing.
17.1 You shall not assign any part of this Agreement to any other party without obtaining the Company’s prior written consent.
17.2 The Company may assign any part of this Agreement to any other party without getting your consent.
17.3 Any purported assignment by you in violation of this section shall be deemed void by the Company.
18.1 The Company shall be entitled from time to time to modify the conditions and provisions of this Agreement at any time at its sole discretion by posting the said modification(s) at the website.
18.2 If any of the modification is unacceptable to you, its only recourse is to terminate this Agreement in accordance with its terms.
18.3 Your continued use of the service will constitute its agreement with and acceptance of such modification.
19.0 INDEPENDENT CONTRACTORS
19.1 The parties will at all times be independent contractors and will so represent themselves to all third parties. Neither party has granted to other party the right to bind it in any manner whatsoever and nothing in this Agreement will be deemed to constitute either party the agent, employee, or legal representative of the other nor constitute the parties as partners or joint ventures.
20.1 Time wherever mentioned in this Agreement shall be of the essence of this Agreement.
21.1 The parties agree that the laws of Malaysia for the time being in force shall be the governing laws in respect of any disputes pertaining to this Agreement.
22.0 DISPUTE RESOLUTION
22.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be decided by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration.
23.1 Either party may terminate this Agreement at any time by giving you three (3) days’ prior notice to you without assigning any reasons.
23.2 The Company may terminate this Agreement immediately without notice in the event you were found to be in breach of any of the terms stipulated in this Agreement and/or the terms stipulated in the DRIVE with MULA’s Registration Form and/or the terms stipulated in the MULA Driver’s Code of Conduct.
23.3 The termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost or expenses incurred by you, including the credit reserved with the Company and or other monies paid to the Company in the course of performing your obligations under this Agreement.
23.4 Any termination of this Agreement pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision herein which is expressly or by implication intended to come into or continue to in force on or after such termination.
24.1 The waiver by either party of a breach or default or any of the provisions in this agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
25.0 FORCE MAJEURE
25.1 If by reason of any fact, circumstance, matter or thing beyond the reasonable control of a party, the party is unable to perform in whole or in part any obligation under this Agreement that party is relieved of that obligation under this Agreement to the extent and for the period that it is so unable to perform and is not liable to the other party to this Agreement in respect of such inability.
26.1 In this Agreement unless the context otherwise requires:-
“Application” means the software application developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by the Company to run on smartphones, tablet computers and/or other devices, through which the Get ACar Service is made available.
“City” means the state, city, municipality, place, region or territory in which the Driving Service shall be made available by the Company.
“Customer” means a person who has requested for driving service vide the Company’s App and/or the Get A Car Service and/or ‘Services’.
“Company” means MULA CAR Malaysia Sdn.Bhd (Company No. )
“Device”; means the relevant smartphone or such other device used by you to have (limited) access to the Get A Car Service in order to enable you provide Driving Service to the Users.
“Driver App” means the software application developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by the Company to run on the Device.
“Driving Service” means the transportation service as provided, made available or rendered by you upon request of the customer through the App also referred to as “get a car service”.
“Fare” means the amount (including applicable taxes and fees) that the Company is entitled to charge the User for the Ride, based on the recommended fares for the City as set out on http://www.mula2u.com or on the App.
“Get A Car Service” and “Services’ means the on-demand, lead-generation service through the Application, SMS (text messaging), web based requests or such other platforms, communication media or channels as are from time to time operated and made available by or on behalf of the Company that allow a customer to request Driving Service from you as available to and accepted by the Customer. “Get A Car Service” and ‘Services’ also includes the Company’s arrangement for a third party payment processor or mobile payment platform to process the Fare for a Ride requested via the Application and distribution of the Fare to the Company.
“Ride” means the transportation of the customer by you from the point of pick-up of the User until the point of drop-off of the User.
“Software” means the Company’s mobile application and associated software, including but not limited to the App and Driver App.
“Vehicle” means any motorized vehicle that is in safe and clean condition and fit for passenger transportation as required by applicable laws and regulations and that has been accepted by the Company and identified as the vehicle to be used by you to provide your driving service
“Website” means the Company website http://www.mula2u.com