with these Terms. You further agree that the representations below are true and accurate. If you do not agree to any of the terms and conditions stated herein and wish to discontinue using the Services, please do not continue using the Application (as defined below) and/or the Services.
The terms below shall have the respective meanings ascribed to them, unless the context requires otherwise. Words denoting one gender include the other gender and words denoting the singular include the plural and vice versa:
“Account” means an account duly registered and maintained through the Application or the
Website that enables the Applicant to become a Member.
“Affiliated Company” means any business partner, third party vendor, service provider,
parent company or subsidiary of the Company.
“Applicant” means any person who intends to register for an Account.
"Application" means the SGT mobile application and any other application for mobile devices, which is owned and operated by the Company, and enables the Member to consume the Services.
“CDL” means a Competent Driver’s License applicable for a driver to operate the Vehicle who has passed at least the probationary stage defined under the applicable Malaysian local laws, or a valid international driving license, or international driving permit.
“Company” means SUPRIMA GO TRAVEL & TOUR SDN. BHD. (Registration No. 1475258-W).
“Common Wallet” means a closed loop digital wallet managed by the Company that stores
Credits issued by the Company and such Credits may be used to pay for any of the Services.
“Credit” means a credit worth Ringgit Malaysia One (RM1.00) issued by the Company in
exchange of Ringgit Malaysia One (RM1.00) paid by the Member to the Company.
Intentionally deleted
“Designated Location” means the locations designated by the Company from which the Vehicle shall be collected or to which the Vehicle shall be returned, which shall take into account the context in these Terms and the nature of the reservation, and will include any other locations indicated in the Application.
“Driving Licence” means a physical copy of either a CDL or a PDL.
“Fees” means the fees payable to the Company by the Member for the use of any Services, including the Rental Fees, Super Collision Damage Waiver, Other Fees and any fees that are stated in any Individual Terms.
“Force Majeure Event” means any event beyond the control of the Company or the Members, including, without limitation, strikes, work stoppages, accidents, epidemic, pandemic, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, or communications or computer (software and hardware) services.
“Identity Verification Process ” means the pre-Rental Period identity verification process
to determine if the person collecting or receiving the Vehicle is the Member who made the reservation. The Identity Verification Process may include but not limited to uploading a photo of himself (selfie) prior to unlocking the Vehicle before each reservation or any other identity verification method as prescribed by the Company from time to time.
“Individual Terms” means any terms, guidelines and policies for any Services offered by
the Company as may be published and/or amended by the Company from time to time.
“Intoxicants” means alcohol, drugs, stimulants, thinners or any other intoxicating substances or substances that will impair the Member’s ability to operate the Vehicle.
"Member" means a person who has a valid Account, provided accurate personal information to the Company, and who is in compliance with these Terms in order to use the Services. The term “Membership” shall be construed accordingly and shall include the Member’s Account
“Other Fees” means the other fees payable to the Company as set out in Appendix I.
“PDL” means the probationary driving licence applicable for a driver to operate the Vehicle who has passed the prescribed tests of competence defined under the applicable Malaysian local laws.
“PDPA” means the Personal Data Protection Act 2010 of Malaysia.
“Personal Data” shall have the meaning ascribed to it under the PDPA.
“Personal Driver” means the person who is responsible for operating the Vehicle under
SGTPLUS.
“Privacy Notice” means the privacy policy of the Company published on the Application and the Website which regulates the collection, use and processing of the Personal Data by the Company.
“Prohibited Area” means an area which motor vehicles are prohibited from parking in or
an area where risk of damage or theft of a motor vehicles is reasonably high.
“Rental Fees” means the fees for renting a Vehicle.
“Rental Period” means the period of time when a Vehicle is rented for.
“Services” means any or all services offered by the Company or by an Affiliated Company through the Company, including but not limited to car-sharing, car delivery and personal driver services, which are available through the Website and/or the Application.
“SGT2U” means an optional service provided by the Company to the Member whereby the Company will via third party delivery agents known as ‘Dashers’, deliver/pick up the Vehicle to/from any location set by the Member when making a reservation if the Member opts for this service.
“SGTPLUS” means an optional service provided by the Company to the Member whereby a personal driver (independent third party agents) will be provided for operating the Vehicle if the Member opts for this service.
“Super Collision Damage Waiver” or “SCDW” means the waiver to pay for any damage to the Vehicle and any other associated cost which is not caused by the Member’s act or omission, subject to terms herein, the Member shall only be liable to make payment for the excess amount as stipulated in Appendix II provided that the Member has opted and paid for the SCDW.
These “Terms” means these General Terms and Conditions.
“Terms of Use” means the Website and Application Terms of Use published on the Application and the Website which sets out the terms and conditions for anyone who uses the Application and/or the Website.
“Vehicle” means a motor vehicle reserved by the Member and rented by the Company to
the Member.
"Website" means the site of "https://www.suprimagotravel" operated by the Company through which the Member may, among others, retrieve information about their Account and purchase the Services.
These Terms constitute a legally binding agreement between the Member and the Company.
The purpose of these Terms is to set out the rights, obligations and other necessary matters between the Member and the Company, and the procedures for the use of the Services, the Application and the Website.
The Company publishes these Terms on the Application and the Website so that it is accessible by the Members. The matters that are not specified in these Terms shall be governed by any guidelines and/or Individual Terms published by the Company on the Application and/or the Website from time to time, according to reasonable industry practices and standards, and subject to Malaysian laws and regulations.
The Terms of Use, the Individual Terms and the Privacy Notice, which are available on the Application and/or the Website, shall form part of these Terms.
Any amendments, additions, revisions, replacements, modifications, and removal of these Terms will be published from time to time on the Website and/or the Application.
The Member shall check the Website and/or the Application from time to time to ensure that the Member is aware of the latest Terms. The latest Terms will replace any older versions of the Terms and shall take effect as soon as the latest Terms are published on the Website and/or the Application.
The Company, in its sole discretion but not under any obligation, may notify the Member with regard to any amendments of these Terms via the e-mail address provided by the Member during Account registration, if such amendments are deemed to be significant by the Company.
Continued use of the Account or the Services by the Member, or the non-termination of the Account for 30 days after the date such amendments take effect shall be deemed as an acceptance by the Member of the amended Terms.
For the avoidance of doubt, the Company shall not be responsible for ensuring that the Member is aware of any amendments to these Terms.
Should the Member disagree with any amendments to these Terms, the Member shall not continue using the Account and the Services, and shall notify the Company to terminate the Member’s Account immediately.
4.1 Creation of Account
To use the Services, the Applicant shall first become a Member by registering for a valid and active Account either on the Application downloaded via iOS, Android, or any other mobile operating system, or the Website.
When registering for an Account, the Applicant will be asked to provide information that
may include the Applicant’s Personal Data (Please refer to the Privacy Notice and Article 8
below for the provisions regarding the collection, use and processing of the Applicant’s Personal Data). In addition to the purposes stated in the Privacy Notice, the Applicant’s Personal Data will also be used for the purposes of conducting background checks on the Applicant and if
necessary, the Applicant’s Personal Data will be disclosed to third parties in order to carry out
the background checks, all of which the Applicant hereby grants his consent.
All information provided by the Applicant to the Company during this on-boarding process are regarded as representations by the Applicant, and shall be truthful and accurate.
By registering for an Account, the Applicant represents and warrants that:
The Applicant has read and understood these Terms;
The Applicant has agreed to adhere to these Terms, which constitutes the Applicant’s agreement to be bound by these Terms that establishes a contractual relationship between the Applicant and the Company;
The Applicant is legally capable of entering into a binding agreement with the Company;
The Applicant is not in breach of any applicable laws or third-party rights by entering into a contractual relationship with the Company;
The Applicant is duly authorised to enter into a legal, contractual relationship with the Company (if applicable);
The Applicant is at least 19 years of age (except for application to be a Member of SGTPLUS only);
The Applicant has a valid Driving Licence (except for application to be a Member of SGTPLUS only); and
The Applicant has read the Privacy Notice and has provided his express consent for the
Company to use the Applicant’s Personal Data in accordance with the Privacy Notice.
The Member shall immediately report to the Company if there is any change to any of the representations and warranties contained in these Terms.
The Company reserves the right to decline the Applicant’s application in any of the
circumstances below:
If the Applicant is a former Member, and the Membership of the Applicant was terminated or suspended for any reasons whatsoever, and the Member has not obtained the written approval from the Company for the Applicant’s Membership to be reinstated;
If the Applicant is unable to provide a genuine photo identification upon request, or the Company is of the opinion that the Applicant is using a false identification;
If the Company is unable to verify the identity of the Applicant, and the Applicant fails to respond to any requests for verification by the Company;
If the Applicant has provided false information;
If the Applicant is under the age of 19 (except for application to be a Member of SGTPLUS only);
If the Applicant does not have a valid or fail to provide the Company with a physical copy of Driving Licence (except for application to be a Member of SGTPLUS only);
If the Applicant is in breach of any of the provisions under these Terms;
If the Applicant has been denied coverage by any motor vehicle insurances;
If the Applicant fails a due diligence background check; and/or
If the Company in its own judgment believes that the Applicant should not be a Member for any reason whatsoever.
Notwithstanding the above, the Company is not under any obligation to provide any reason for declining an application.
If, in the sole discretion of the Company, it is deemed that the Applicant lacks the ability to pay the Fees or if the Company is concerned that making available the Services to
the Applicant may be detrimental to the Applicant or the Company, the Company may request for any other additional personal or credit information from the Applicant.
The Applicant will become a Member when the Account application process is approved and completed, upon which the contractual relationship between the Member and the Company commences.
The Member is responsible for keeping his username, password and login details secure, and for preventing unauthorized access to his Account. The Member will be solely responsible for all the use of the Account, and any acts or omissions arising from his Account, whether or not such acts or omissions are authorized by the Member.
If the Member becomes aware of any unauthorized use of his Account and/or any theft of his username and/or password by a third party, the Member shall immediately notify the Company and follow the instructions of the Company.
The Company shall not be liable for any damages suffered by the Member as a result of
the Member’s violation of these Terms.
4.2 Withdrawal of Membership
The Member may request to withdraw his Membership or terminate his Account at any time by providing a notice to the Company either by email, via the in-app messaging function in the Application, or any method provided for on the Website, and the Company shall immediately terminate the Membership upon payment of any Fees due to the Company.
Voluntary termination of Membership will subject the Member to a 3-month restriction period from re-application of a new Membership, unless written approval of the Company to waive the restriction period is obtained by the Member.
4.2.6 Credits for free usage of Vehicles may be granted on a promotional basis by the Company upon registration of an Account. Such credits will not have any monetary value nor be refunded to the Member or transferred to another Member upon termination. The Member will not be granted any free credits upon re-application for new Membership.
4.3 Access to the Account by the Company
The Member acknowledges, consents and agrees that the Company may access, preserve and/or disclose any information contained in the Account if it is necessary to:
comply with any laws and regulations;
comply with any legal processes;
enforce these Terms;
respond to any claims brought by any person;
respond to the Member’s requests; and/or
protect the rights, property and personal safety of the Company, the Member, other Members and/or the public.
4.4 Notice to Members
Unless otherwise stipulated under these Terms, any notices by the Company shall be given to the Member via:
e-mail;
written correspondence to the address provided by the Member;
in-app messaging function in the Application;
publishing on the Website; and/or
text message to the Member’s registered telephone number.
4.5 Member’s Obligations
The Member shall not:
do anything to breach, circumvent or contravene these Terms;
commit or encourage any criminal offence;
commit or encourage any fraudulent act;
corrupt, exploit, mine, or steal information from the Website and/or the Application;
conduct any unauthorized modification, alteration, or deletion of the Services;
send or post any irrelevant, illegal, or otherwise objectionable content or information (such as computer programs and advertisements) on the Website or through the Application;
infringe the intellectual property rights of the Company and/or the Affiliated Companies; and
carry out any acts that may damage the reputation and goodwill of the Company and/or the Affiliated Companies directly or indirectly, in public or private, in any manner or in a medium whatsoever, deprecate, impugn or otherwise make any postings, videos, comments, writings, remarks or other mediums or expressions that would, or could be construed to defame or negatively impact the Company and/or Affiliated Companies, its officers, directors, shareholders, employees and/or agents.
The Member shall at all times comply with related laws and regulations, the provisions of these Terms, the Individual Terms and the Terms of Use, and any independent terms and usage policies of the Affiliated Companies.
If the Company cannot provide the Services due to an occurrence of a Force Majeure Event, the Company shall be exempted from any obligations under these Terms.
The Company shall not be liable for any disruption in the use of the Services caused by any act or omission of the Member. The Member shall ensure that he has a compatible device and he downloads the correct software for his device.
The Services are provided by the Company on an “as is” and “as available” basis without any guarantees, conditions or warranties. Unless expressly stated to the contrary and to the fullest extent permitted by law, the Company expressly excludes all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and the Company shall not be liable for any damages whatsoever, including, but without limitation, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for personal injury, loss of life, use, profits, data or other intangibles, damages to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of, or related to the use, inability to use, performance or failures of the services, and any materials, information, data, and facts posted by the Member or other members thereon, irrespective of whether such damages were foreseeable or not.
Without prejudice to Article 5.3, the Company’s liability (if any) shall be capped at the total Fees paid by the Member to the Company in the preceding 30 days of the date of the damage suffered.
The Company shall not be liable for any transactions or dealings between the Member and any third party obtained through the Services.
6.1 Payment Policy
The Member shall make payment for the Fees by electronic payment (credit/debit card or e-wallet from a reputable financial institution), the Credits stored in the Common Wallet or by other methods deemed acceptable by the Company in accordance with the following procedures:
The Member must register a payment card and/or e-wallet during the Account registration process or update the Account with valid details.
If the Member does not cancel a reservation within the time period stated in Appendix I below, the Member will be charged for the amount stipulated therein
The Fees for any extension of the Rental Period will be automatically charged to the registered payment card, e-wallet or the Common Wallet.
The Company may take any additional actions as it deems necessary to ensure any Fees due to the Company by the Member is recovered and such incidental costs shall be borne by the Member.
By providing the details of his payment card and/or e-wallet, the Member authorises the Company to charge the Fees onto his payment card and/or e-wallet. If the Member is registering a payment card which does not belong to the Member but belongs to other person, the Member hereby represents and warrants that he has obtained the consent and authorisation for the use and registration of the payment card from the payment card holder and the Company is entitled to rely on such representation and warranty and charge the Fees onto the payment card. The
Member shall indemnify the Company for any loss and damage that be suffered by the Company resulting from the Member’s use of a payment card does not belong to the Member and the Company shall not be held responsible for any loss and damage that may be suffered by the payment card holder.
The Company reserves the right to suspend or terminate the Membership if the Member fails to make payment for any unpaid Fees. Services to the Member shall be suspended until all unpaid Fees have been recovered by the Company.
If the Member fails to comply with these Terms, the Company shall have the right to terminate the Membership, upon which any unpaid Fees shall become due and payable with immediate effect.
6.2 Damage to Vehicle and Loss of Use
To the extent that such liability is not covered under the SCDW stated in these Terms, the Member shall indemnify and compensate the Company for any loss of revenue or loss of use of the Vehicle damaged by the Member, in addition to any damages to the Vehicle caused by any act or omission of the Member. The damages payable to the Company for damage to the Vehicle shall be the actual amount required to repair the damage to the Vehicle. Any damage to the returned Vehicle shall be presumed to be caused by the Member unless the Company has been alerted of such damage before acceptance of the Vehicle by the Member at the start of the Rental Period by way of uploading photos of the damage onto the Application before accepting the Vehicle. Any loss of revenue or loss of use of the Vehicle damaged by the Member shall be calculated by using the formula stated in Appendix I (Other Fees).
The Member shall indemnify and compensate the Company for any fines and legal fees incurred in relation to any violation of any laws or regulations by the Member.
Subject to the terms and conditions of SCDW as stated in these Terms, if a damage is caused to the Vehicle and the Member is enrolled in the Super Collision Damage Waiver which is included in the Fees charged by the Company, the Member shall only be liable for the excess amount as set out in the terms and conditions of SCDW.
6.3 Payment
The Member agrees to the Fees and the payment and billing policies applicable to the
Member’s use of the Services as stated in these Terms.
The Rental Fees will be automatically charged to the Member’s registered payment card, e- wallet or the Common Wallet before the start of the Rental Period.
The Member acknowledges and agrees that the Company has the right to charge Other Fees (as listed in Appendix I), or any other payments that are due and payable to the Company, as and when they become due and/or ascertainable, to the registered payment card, e-wallet or the Common Wallet of the Member. The registered payment card, e-wallet or the Common Wallet will be charged:
after the Vehicle has been returned to the Company;
upon the expiry of the Rental Period or the extended Rental Period, as the case may be;
upon the failure of the Member to return the Vehicle; or
as and when it becomes due to the Company.
The Company reserves the right to impose a nominal and refundable pre-authorization or
validation charges on the Member’s registered payment card or e-wallet.
If the Company is unable to charge the registered payment card or e-wallet of a Member, the Company will attempt to charge the registered payment card or e-wallet for 7 days consecutively. If the charges to the registered payment card or e-wallet is not successful after 7 days, the Company shall inform the member via SMS to the registered mobile number of the Member, upon which the Member shall make payment via an alternative payment card within 3 days. Failing to make payment will entitle the Company to suspend the Services to the Member or to terminate the Membership of the Member.
For any dispute of payments made, the Member shall notify the Company in writing within 30 days from the date of such payment being charged; failure to do so shall result in the waiver by the Member of any claim relating to any such disputed payment. Payment shall be calculated solely based on records, measurements or statistics maintained by the Company.
6.4 Taxes
The Member agrees that all Fees shall be subject to all prevailing statutory taxes, duties, charges and/or costs in connection with the Member’s use of the Services, however denominated, as may be in force and regarding any future taxes that may be introduced at any point of time.
The Member further agrees to use his best efforts to do everything that is necessary and required by the relevant laws to enable, assist, defend or indemnify the Company in claiming or verifying any input tax credit, set off, rebate or refund in respect of any taxes paid or payable for the Services supplied under these Terms.
7.1 Suspension or Termination of Account or Services
The Company may without prior notice to the Member suspend or terminate the Account of the Member or provision of the Services to the Member upon occurrence of any of the events listed below:
The Member breaches any of these Terms, and if such breach, in the Company’s sole discretion, is capable of remedy, the Member fails to remedy the breach within the time stipulated after receiving notice from the Company;
When any of the Member's information is found to be false or incorrect;
When the Member does not pay the applicable Fees in a timely manner, or the charges to the registered payment card or e-wallet cannot be completed;
When the Member’s Driving Licence is or becomes suspended or invalid during the
Rental Period (not applicable for Members using SGTPLUS);
When the Member causes a traffic accident;
When the Member operates the Vehicle while under the influence of intoxicants (not applicable for Members using SGTPLUS);
When the Member operates or uses the Vehicle in a manner which will cause damage to the Vehicle;
When the Member breaches these Terms or any laws or regulations;
When the Member does anything which damages the goodwill or reputation of the Company;
When the Member fails to fulfil any obligation or duty under these Terms on the relevant due date;
When the Member interferes with other Members’ use of the Services;
When the Member threatens, annoys, abuses, or harasses other Members, employees or agents of the Company;
When the Member misuses any information obtained through the Services;
The Member has a history of causing damage to the Vehicle;
When the Member uses the Services, the Account and/or the Vehicle for any unlawful purpose;
When the Member misuses, abuses and/or manipulates his Account for fraudulent purposes which includes but not limited to misuse and/or abuse of promotions/coupons/discounts provided by the Company;
When the Member abandons the Vehicle after an accident or Vehicle breakdown prior
to the arrival of the Company’s rescue team;
When the Member has prior criminal record(s) pursuant to a background check done by the Company;
When the Member tampers with, modifies, dismantles and/or uninstalls any devices and/or items installed/placed in/on the Vehicle by the Company;
When the Member has made a reservation of Vehicles and/or Services and assigned it to a different Member or non-Member; and/or
The Member does any act which the Company is of the view that suspension or termination of the Account and/or the Services is fit and necessary.
Notwithstanding the above, the Company is not under any obligation to provide any reason for Suspension or Termination of Account or Services.
If the Account or the Services is suspended or terminated pursuant to this Article, the Company will not refund any Fees paid by the Member save and except for the balance Credits stored in the Common Wallet.
Upon termination of the Account or the Services under this Article, the Member shall return the Vehicle immediately.
Notwithstanding the suspension or Termination of the Account or the Services pursuant to Article 7.1.1 above, the Member’s obligations under these Terms shall survive the suspension or termination of the Account or the Services.
The Member may file an appeal in accordance with the procedures established by the Company against any termination or suspension of the Account.
Membership may be suspended or terminated at the discretion of the Company on the
date of death or incapacitation of the Member, if brought to the Company’s attention.
7.2 Cancellation of Reservation due to Defects
If the Vehicle cannot be used due to substantial pre-existing defects that would render the operation of the Vehicle unsafe, the Member may cancel the reservation.
If a reservation is cancelled pursuant to this Article, the Company shall refund any Fees paid by the Member in full upon the Company verifying the existence of such pre-existing defects in the Vehicle.
7.3 Cancellation and Waiver of Liability in a Force Majeure Event
If the Member is unable to use the Vehicle due to the occurrence of a Force Majeure Event, the reservation may be cancelled upon notice by the Member.
If the reservation is cancelled within the time period stated in Article 6.1.1.2, the Company will refund any Fees paid by the Member.
If the reservation is cancelled during the Rental Period or is not cancelled within the time period stated in Appendix I, the Company will not refund any Fees paid by the Member.
If the Member is unable to return the Vehicle at the agreed time or if the Vehicle is damaged due to the occurrence of a Force Majeure Event, the Company may waive any liability of the Member, subject to the Member promptly contacting the Company and cooperating with the Company’s directions and requests.
The Company shall not be liable to the Member if the Company is unable to make a Vehicle available due to the occurrence of a Force Majeure Event.
7.4 Change and suspension of Company's Services
The Company may change the Services in cases where it is deemed that the provision of the Services at its current form is no longer commercially viable or a change in the regulatory regime has rendered offering the Services illegal. The Company will use reasonable efforts to notify the Member via email or through the Application 30 days before the date when the changes are put into effect.
The Company may suspend some or all of the Services if any of the following cases occurs:
In cases where there is a possibility of occurrence of a Force Majeure Event;
If telecommunication services are disrupted;
If the Company is undergoing repair, inspection, routine maintenance, replacement, or facing disruptions in the information and communication equipment of the Company;
If the Services are provided through an Affiliated Company, the Services being changed or suspended by the Affiliated Company; or
Any other reasons that impair the ability of the Company to provide the Services.
The Company reserves the right to change, replace, or to suspend the provision of any of the Services.
The Company shall not be liable to the Member for any disruptions in the provision of the Services.
The Company shall have the discretion to report or notify the competent authorities if the Vehicle is used for, or the Company has reason to believe that the Vehicle is used for, prohibited purposes other than the permitted use.
Vehicles shall not be used for the purposes below:
for any illegal or unlawful purposes;
for any morally-objectionable purposes;
in contravention with these Terms;
in a manner which will cause damage to the Vehicle;
to be driven to a place outside of Malaysia;
for any commercial, non-personal purposes, including for use to provide ridehailing and ride-sharing services, unless the prior approval of the Company is obtained; and
for any other purpose of which the Company is of the view that it may cause damage or harm to the Company and/or the public.
Furthermore, the Member shall:
Not smoke or use electronic cigarettes in the Vehicle;
Not transport pets except with a carrier (not applicable for service animals);
Not forge or cover the license plate and/or the road tax of the Vehicle;
Not do any acts that will infringe or jeopardize the Company’s ownership of the Vehicle, including, without limitation, renting out the Vehicle, using the Vehicle as collateral, or selling the Vehicle;
Not use the Vehicle to tow any other vehicles or heavy objects;
Not keep any drugs or illegal objects in the Vehicle
Not to remove, replace or damage any part(s) of the vehicle which shall include the SGT sticker, road tax and any other device(s) or items installed by the Company; and
Ensure that total number of persons in the Vehicle will not exceed the maximum seating capacity of the Vehicle.
The Company reserves the right to refuse the Services to any Member who contravenes this Article.
If the Company is unable to rent a Vehicle reserved by the Member for any reason whatsoever, the Company shall, subject to prior notification to the Member, strive, however not obligated to make available to the Member a Vehicle of a substantially similar make and model
(“Substitute Vehicle”).
If the rental rate of the Substitute Vehicle is higher than the rental rate of the Vehicle reserved by the Member, the rental rate of the reserved Vehicle will be applicable for the reservation.
In the above circumstances, the Member may decline to rent the Substitute Vehicle, in which case the Company will return or refund the full amount of the Fees to the Member.
10.1 Right to Record and Track Location
The Company reserves the right to record in video format, the operation and/or use of the Vehicle by the Member through a camera attached to the interior of the Vehicle. The Company shall own all content on such video recordings and may review the video recording for the primary purpose of identifying the cause of any accident in the event of any disputes.
The Company reserves the right to track the location of the Vehicle and monitor the use of the Vehicle via a location tracker, the Application or a video camera installed in the Vehicle.
The Member hereby agrees and consents to the Company using any means to record the use and operation of the Vehicle and tracking the location of the Vehicle including but not limited to using a video recording installed in the Vehicle and accessing to the navigation systems used by the Member through the Application.
The Member shall not or attempt to tamper with, modify, dismantle and/or uninstall any devices installed in/on the Vehicle by the Company for the purposes stated in this Article failing which the Company may suspend or terminate the Account and claim any losses and damages from the Member for tampering, modifying, dismantling and/or uninstalling such devices.
10.2 Use and Provision of Personal Information
The Company shall use personal information only in compliance with the PDPA, as set out in the Privacy Notice.
The Company shall have a security system to protect and secure information provided by the Member (including Personal Data and credit information), according to the Privacy Notice.
10.3 Consignment of Personal Information
The Company may entrust some or all its businesses to third parties in accordance with the Privacy Notice only with the consent of the Member, if necessary, to deal with the handling and management of collected personal information, as set out in the Privacy Notice.
The Member shall indemnify, defend, and hold the Company, its Affiliated Companies and their directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against any third-party claims, losses, liability, fines, penalties, damages, legal fees and/or costs arising from:
the Member’s use of the Services;
the Member’s dealings with other Members or with third parties including but not limited
to the provision of any e-hailing or ride-sharing services by the Member using the Vehicle;
the Member’s breach of applicable laws and regulations of Malaysia or any other
country;
the Member’s breach of third-party rights including any right of privacy, publicity rights or intellectual property rights;
the Member’s breach of any of these Terms;
the Company’s reasonable actions taken to repossess the Vehicle; and
any other party’s access and use of the Services with the Member’s unique username,
password, or other appropriate security code.
Each party agrees, on behalf of itself, its officers, directors and employees and on behalf of its affiliates, agents, representatives, consultants and subcontractors hired in connection with the subject matter of these Terms (together with such party, the “Party Representatives”) that for the performance of its obligations under these Terms, th e Party Representatives shall not directly or indirectly pay, offer or promise to pay, or authorize the payment of any money, or give, offer or promise to give, or authorize the giving of anything else of value, to:
any government official in order to influence official action;
any person (whether or not a government official) (i) to influence such person to act in
breach of a duty of good faith, impartiality or trust (“acting improperly”), (ii) to reward such
person for acting improperly, or (iii) where such person would be acting improperly by receiving the money or other thing of value; or
any person to reward that person for acting improperly or to induce that person to act improperly.
The Party Representatives shall not, directly or indirectly, solicit, receive or agree to accept any payment of money or anything else of value in violation of any laws and regulations relating to anti-corruption.
13.1 Responsibilities of an Affiliated Company
The Company and its Affiliated Companies are separate entities and operate independently from each other.
The Company shall not be responsible for any dealings between the Member and the Affiliated Companies.
13.2 Intellectual Property
The Company is the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on or of the Services (including all source code, information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information made available on the Website and the Application and through the Services.
The Company grants the Member, subject to these Terms, a non-exclusive, nontransferable, non-assignable, personal, limited license to access and use the Services for the Member’s own personal and non-commercial use. This license is revocable at any time without notice to the Member and liability to the Company. All rights not expressly granted to the Member are reserved by the Company.
The Member shall not copy, transmit, publish, distribute, broadcast or reveal any intellectual property to any third parties without the prior written consent of the Company.
Use by the Member of the content or materials owned by the Company or made available on the Website and the Application and through the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
13.3 Management of Social Media Posts
In addition to the Website, from time to time the Company may post messages, special deals, pictures, news, stories, or other information on social media platforms which the Company maintains an account, such as Facebook®, Twitter®, Instagram® and LinkedIn® (“Social Media Platforms”). The Company is not responsible for the privacy or security policies or practices of the Social Media Platforms and any of the third party websites that the Website and/or the Social Media Platforms may link to. The Member should review the privacy and security practices of all such Social Media Platforms and third party websites.
The Member hereby acknowledges and agrees that if he tags the Company in any posts posted by him on any social media platforms managed by himself, such as pictures, information, opinions, complaints, or any personal information (“Material”), such posts will become public. This means that anyone can see the Material. By tagging the Company on these social media platforms, the Member automatically and irrevocably grant and assign to the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in
the Material, including the Member’s consent to allow the Company to reproduce, publish
and/or share the Material.
The Member shall be solely responsible for the Material and consequences of submitting and publishing the Material.
The Member agrees not to submit Material that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, dangerous, threatening, misleading, contain nudity or sexual content, contain Personal Data, or posts that be construed as constituting harassment and cyber bullying or that could endanger a person, or posts that the Company, in its sole and absolute discretion, is deemed not suitable for publishing on the Social Media Platforms.
The Company reserves the right to remove, delete, and/or hide any Material submitted
by the Member on the Social Media Platforms in the Company’s sole discretion.
13.4 Governing Law and Agreed Jurisdiction
These Terms shall be governed by the laws of Malaysia.
The Member and the Company agree to submit to the exclusive jurisdiction of the Malaysian courts.
Prior to commencing any legal action, the Member and the Company shall first attempt to settle a dispute expeditiously and in good faith.
13.5 Entire Agreement
These Terms shall constitute the entire agreement of the Company and the Member and supersede all preceding and contemporaneous agreements between the Company and the Members. Any waiver of any provisions of these Terms will be effective only if it is in writing and signed by both the Company and the Members.
13.6 No Transfer
The Member shall not transfer any of its rights or obligations under these Terms to any other parties without the consent of the Company.
13.7 No Waiver
No failure to exercise or any delay in exercising any right or remedy by the Company under these Terms shall operate as a waiver thereof.
13.8 Severability
If any provisions of these Terms shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired.
13.9 Lost and Found
The Company operates a lost-and-found storage within the Company and takes all necessary steps to keep any found items in a returned Vehicle for a period of not exceeding 7 days. Perishable food items will be discarded immediately. Upon the
expiry of the 7 days, the Company may dispose of the items in any manner the Company deems fit.
If the Member is unable to find a lost item in the Company’s lost-and-found storage, it is recommended that the Member lodges a police report, and under no circumstances will the Company be liable to the Member for any lost or damaged items.
For the avoidance of doubt, the Company shall not be responsible for any loss of or
damage to the Member’s personal items while using the Vehicle.
Mileage Allowance (covered under the Rental Fees)
SGT2U
No mileage allowance will be provided for SGT trips. Members are encouraged to pre-plan their trips to enjoy maximum savings, this includes purchasing fuel packages at the beginning of each trip.
Members who do not purchase any fuel package will be charged RM0.25 per kilometre.
SGTPLUS
40 kilometres per hour.
Exceeding Mileage Allowance
SGT2U
Fuel price will be charged based on the type of fuel package selected while making the reservation.
In the event no fuel package is selected or the mileage offered under any fuel package is exceeded, then RM0.25 per excess kilometre will be charged for all car models.
SGTPLUS
A flat fee of RM25.
Late Return / Exceeding Rental Period without Applying for an Extension
2 times of the Rental Fees for each hour or proportionate to every part of hour
Example: If the Rental Fees per hour is RM30, for every minute of delay, the charges will be RM1 based on the calculation of RM30/60 mins x 2
Administration Fee
RM20, applicable for:
Dispatching the Vehicle back to SGT zone;
Communicating any traffic and parking violations to the Member; and Reactivating suspended Accounts.
Refund and/or Cancellation Charges
SGT
In the event of cancellation, the Rental Fee paid by a Member will be refunded as follows: -
100% of Rental Fee will be refunded if cancellation is made within or not less than three (3) hours before the Rental Period starts;
100% of Rental Fee will be refunded if cancellation is made within thirty (30) minutes after booking;
90% of Rental Fee will be refunded if cancellation is made in less than three (3) hours but more than one (1) hour before the Rental Period starts;
50% of Rental Fee will be refunded if cancellation is made in less than one (1) hour but more than ten (10) minutes before the Rental Period starts; and
No Rental Fee will be refunded if cancellation is made in less than ten (10) minutes before or anytime after the Rental Period starts.
Where a Member desires to make cancellation less than ten (10) minutes before or anytime after the Rental Period starts, Member must reach out to the Company’s customer service for assistance.
SGT2U
In the event of cancellation, the Rental Fee paid by a Member will be refunded as follows: -
100% of both Rental Fee and Dasher’s delivery fee* will be refunded if cancellation is made within or not less than three (3) hours before the Rental Period starts;
100% of both Rental Fee and Dasher’s delivery fee will be refunded if cancellation is made within thirty (30) minutes after booking provided that the Dasher has not accepted the delivery request;
90% of Rental Fee and 100% of Dasher’s delivery fee will be refunded if cancellation is made in less than three (3) hours but more than one (1) hour before the Rental Period starts provided that the Dasher has not accepted the delivery request;
50% of Rental Fee and 100% of Dasher’s delivery fee will be refunded if cancellation is made in less than one (1) hour but more than ten (10) minutes before the Rental Period starts provided that the Dasher has not accepted the delivery request;
No Rental Fee and Dasher’s delivery fee will be refunded if cancellation is made in less than ten
(10) minutes before or anytime after the Rental Period starts; and
Save and except for the above-mentioned, in the event where the Dasher has accepted the delivery request, no Dasher’s delivery fee will be refunded.
In the event of cancellation, the Dasher’s pick up fee* paid by a Member will be refunded as follows:
-
100% of Dasher’s pick up fee will be refunded if cancellation is made within or not less than three
(3) hours before the Rental Period ends; and
No refund of Dasher’s pick up fee if cancellation is made in less than three (3) hours before the Rental Period ends.
Where a Member desires to make cancellation less than ten (10) minutes before or anytime after the Rental Period starts, Member must reach out to the Company’s customer service for assistance.
*For the avoidance of doubt, the Dasher’s delivery fee and pick up fee shall refer to the delivery fee and pick up fee of the Dasher as stipulated in the Application when a Member makes a booking.
- SGTPLUS
In the event of cancellation, the Rental Fee paid by a Member will be refunded as follows: -
100% of both Rental Fee and Personal Driver’s fee* will be refunded if cancellation is made within or not less than three (3) hours before the Rental Period starts;
100% of Rental Fee will be refunded if cancellation is made within thirty (30) minutes after booking;
90% of Rental Fee will be refunded if cancellation is made in less than three (3) hours but more than one (1) hour before the Rental Period start;
50% of Rental Fee will be refunded if cancellation is made in less than one (1) hour but more than ten (10) minutes before the Rental Period starts;
No Rental Fee will be refunded if cancellation is made in less than ten (10) minutes before or anytime after the Rental Period starts;
Save and except for the above-mentioned, in the event where the Personal Driver has accepted
the request, the remaining hour(s) after deduction of the first hour of the Personal Driver fee will be refunded; and
Save and except for the above-mentioned, where the Personal Driver has not accepted the request, 100% the Personal Driver fee will be refunded.
In the event of cancellation, the Personal Driver’s pick up fee* paid by a Member will be refunded as follows:
100% of Personal Driver’s pick up fee will be refunded if cancellation is made within or not less than three (3) hours before the Rental Period ends; and
No refund of Personal Driver’s pick up fee if cancellation is made in less than three (3) hours before the Rental Period ends.
Where a Member desires to make cancellation less than ten (10) minutes before or anytime after the Rental Period starts, Member must reach out to the Company’s customer service for assistance.
*For the avoidance of doubt, the Personal Driver’s fee and pick up fee shall refer to the Personal Driver’s fee and pick up fee of the Personal Driver as stipulated in the Application when a Member makes a booking.
Smoking in Vehicle (including e-cigarettes)
RM100 penalty.
Removing or Damaging any SGT property including but not limited to vehicle related documents, SGT sticker and/or any other device or vehicle part(s)
RM100 penalty and any cost incurred by the Company to repair and rectify the removal and
damage of such SGT property and suspension of the Account for a period which the Company deems fit.
Vehicle Damage
If the damage caused to the Vehicle is excluded from the coverage under any third party insurance, the penalty is the Rental Fee agreed upon at the beginning of the Rental Period or the actual amount required to repair the damage to the Vehicle, whichever is higher.
Towing and Impounding
No cost if the breakdown of the Vehicle is not attributable to the Member’s act or omission;
Full cost if the breakdown of the Vehicle is caused by the Member’s act or omission.
Service Fee
RM50 (applicable when payment of a fine is made on behalf of the Member).
All Traffic and Parking Violations
Full amount of the fines imposed by the relevant authority + Service Fee (when applicable) + Administration Fee + 10% interest per month for any late payment.
Over-speeding >= 130 KM/hr
RM30 penalty (in addition to the sum stated under the heading of “All Traffic and Parking Violations”, if applicable); and
Termination of Membership for repeated offence.
Over-speeding >= 150 KM/hr
RM100 penalty (in addition to the sum stated under the heading of “All Traffic and Parking Violations”, if applicable); and
Termination of Membership for repeated offence.
Excessive Cleaning Required (Exterior and/or Interior)
RM100 penalty + the cleaning fee charged by any cleaning company.
Vehicle Doors, Boot, Windows or Bonnet Left Opened/Unlocked
RM100 penalty.
Flat, Punctured or Damage to Tires
Full cost of replacement or repair, including any resulting damage to the wheels of the Vehicle.
Repairing any Shattered, Broken or Splintered Damage Windows
Full cost of replacement or repair, including any resulting damage to the windows of the Vehicle.
Lights Left On/Flat Battery
RM100 penalty.
Returning a Vehicle with Fuel Tank that is Less than Half Full
RM100 penalty.
Returning a Vehicle with the Low-Fuel-Level Warning Indicator Flashing
RM300 penalty.
Loss or Damage of Parking Card
RM100 penalty + any costs for reissuing a new parking card.
Failing to Report to the Company regarding a Lost Vehicle or a Break-in of a Vehicle
RM300 penalty.
Not returning Vehicle to the Designated Location
RM100 penalty + RM2/km in case the distance from the Designated Location is more than 50 km; and
Suspension of the Account for a period which the Company deems fit.
Leaving Vehicle in a Prohibited Area
RM100 penalty (in addition to the sum stated under the heading of “All Traffic and Parking Violations”, if applicable).
Throwing Garbage from the Vehicle
RM100 penalty (in addition to the sum stated under the heading of “All Traffic and Parking
Violations”, if applicable) and suspension of the Account for a period which the Company deems fit.
Vehicle driven by any individual other than the Member
RM300 penalty and suspension of the Account of the said Member for a period which the Company deems fit.
Driving under the Influence of Intoxicants
RM 300 penalty (in addition to the sum stated under the heading of “All Traffic and Parking
Violations”, if applicable) and suspension of the Account for a period which the Company deems fit.
Failing to Notify the Company of any Damages to the Vehicle and any Accidents involving Vehicle
RM100 penalty and suspension of the Account for a period which the Company deems fit.
Failing to Lodge a Police Report within 24 hours
RM300 penalty and suspension of the Account for a period which the Company deems fit.
Refuse to give statement or cooperate with the Police or any other relevant authority for investigation purposes in relation to mishap/accident caused by an individual other than the Member
RM300 penalty and suspension of the Account of the said Member for a period which the Company deems fit.
Emergency Roadside Services (“ERS”)
RM100 penalty if arising from the fault of the Member.
Loss of Use of Vehicle
Number of days (or part thereof) needed to repair and/or retrieve (or any similar circumstance as may be determined by the Company in its sole discretion) the Vehicle for any reason x 50% of the Rental Fees per day of the Vehicle if the damage to the Vehicle is attributable to the Member’s
negligence, fault, act, willful default or omission.
Failing to Upload Photos of Any Abnormalities or Damages to the Vehicle before Accepting the Vehicle
-RM100 penalty.
Failing to Upload Photos of the Vehicle (4 Sides) upon Returning the Vehicle
RM100 penalty.
Abandoning/leaving the Vehicle unattended after an accident/Vehicle breakdown prior to the arrival of the Company’s rescue team
RM300 penalty
Misusing the ‘accident’ icon in the Application
Suspension of the Account for a period of one (1) week and the applicable Administration Fee for the reactivation of the Account thereafter. Failure to pay the Administration Fee will result in the continuous suspension of the Account.
Type of Vehicle (Please see Notes below)
Economy:
| Basic SCDW - RM1500
| Standard SCDW - RM500
| Premium SCDW - RM200
| Basic SCDW - RM2500
| Standard SCDW - RM750
| Premium SCDW - RM300
| Basic SCDW - RM3500
| Standard SCDW - RM1000
| Premium SCDW - RM400
| Basic SCDW - RM4500
| Standard SCDW - RM1250
| Premium SCDW - RM500 Notes:
Terms of Use for Website and Application Introduction
referred to as the “Company”) registered in Malaysia and owns and operates the Website and the Application, http://www.SGT.my. For the purposes of these Terms of Use, "We", "Our" and
"Us" refers to the Company. Please review these Terms of Use carefully before using the Website and the Application. Your use of the Website and the Application indicates your agreement to be bound by the terms and conditions stated herein.
Unless otherwise stated, the capitalized words in these Terms of Use shall have the same meaning as stated in the General Terms and Conditions.
You shall use the Website and the Application in accordance with these Terms of Use and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within Malaysia or other jurisdiction from which you are accessing the Website and/or the Application.
You shall not use the Website and the Application:
to commit or encourage a criminal offence;
to transmit or distribute a virus, trojan, worm, logic bomb, keystroke logger, spyware, or any other material which is malicious, technologically harmful, in breach of confidence, in breach of personal data protection laws in any jurisdiction, or in any way offensive or obscene;
in any manner that could damage, disable, overburden or impair any of our servers,
the networks connected to our servers, or interfere with any other party’s access and use of the
Website and/or the Application;
to attempt to gain unauthorized access to the Website and/or the Application, other Member’s Accounts, computer systems or networks connected to our server, or information not intentionally made available on or through the Website and/or the Application, through hacking, password mining or any other means;
to interfere with the proper operational integrity of the Website and/or the Application or any other activities conducted on the Website and/or the Application;
to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website and/or the Application;
to license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any unauthorized third party the Website and/or the Application in any way;
to link to, mirror, or frame any portion of the Website and/or the Application;
to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website and/or Application;
to corrupt, mine or steal any data from the Website, the Application, or the other Members;
to cause annoyance to other Members;
to infringe upon the rights of any other person’s proprietary rights;
to send any unsolicited advertising or promotional material, i.e. spam;
to send and/or transmit any information or material which, in our opinion, is morally objectionable; and
to upload or circulate content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.
Any of the breaches above are grounds for immediate termination of the Account.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the Website and/or the Application.
We may make updates, improvements or changes to the information, services, products and other materials on the Website and/or the Application, or terminate the Website and/or the
Application, at any time without notice. We may also modify these Terms of Use at any time, and such modification shall be effective immediately upon posting of the modified Terms of Use on
the Website and the Application. Accordingly, your continued access or use of the Website and/or the Application is deemed to be your acceptance of the modified Terms of Use.
The Website and the Application may include links to other internet sites and iOS and Android Application. We do not endorse any such links and we are not responsible for the information, material, products or services contained on or accessible through those links. Your access and use of such links remains solely at your own risk. In providing links to other sites, We are in no way acting as a publisher or disseminator of the material contained on those sites and do not seek to monitor or control such sites.
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Website and the Application belong to Us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by Us and/or our suppliers, as the case may be.
Nothing contained on the Website and the Application should be construed as granting by implication, estoppel or otherwise, any licence or right to use any trade mark displayed on the Website and/or the Application without Our written permission. Misuse of any trade mark or any other content displayed on the Website and/or the Application is prohibited.
We will not hesitate to take any legal action against any unauthorised usage of trade marks, names or symbols to preserve and protect Our rights in the matter. All rights not expressly granted herein are reserved. Other products and company names mentioned herein may also be the trade marks of their respective owners.
The Website and the Application, the information on the Website and the Application and use of all related facilities are provided on an “as is” basis without any warranties whether express or implied. We do not warrant that the Website and the Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or evasive or damaging code or that the Website and the Application will not be affected by any Force Majeure Events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunication equipment or facilities or failure of information technology or telecommunication equipment or facilities.
While We may use reasonable efforts to include accurate and up-to-date information on the Website and the Application, We make no warranties or representations as to its accuracy, timeliness or completeness. IN NO EVENT SHALL THE COMPANY NOR ITS OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWSOEVER CAUSED RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE WEBSITE AND/OR THE APPLICATION, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY AND ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATION SERVICE PROVIDERS, LINKS TO THIRD PARTY WEBSITES, PERSONAL INJURY, THIRD PARTY CONTENT, PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, THE USE OR INABILITY TO USE THE WEBSITE AND/OR THE APPLICATION OR THE CONTENT, ANY OTHER WEBSITE ACCESSED TO OR FROM THE WEBSITE AND/OR THE APPLICATION, OR EVENTS BEYOND OUR REASONABLE CONTROL EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
To the fullest extent permitted by applicable law, We disclaim all representations and warranties relating to the Website and the Application and its contents, including in relation to any inaccuracies or omissions in the Website and the Application, warranties of
merchantability, quality, fitness for a particular purpose, accuracy, availability, noninfringement or implied warranties from course of dealing or usage of trade.
Notwithstanding Our efforts to ensure that the Website and the Application are secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Website and the Application, or electronic mail transmitted to and from Us, will not be monitored or read by others.
Although We use reasonable endeavours to ensure that any software made available on the Website and the Application is suitable for downloading, installation and use by you, all such software is provided “as is” without any warranty. Specifically, and without limitation, We do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
While you are able to purchase any goods and services through the Website and/or the Application, We do not represent or warrant the merchantability, quality, reliability, safety, fitness for a particular purpose, accuracy, availability of the goods and services which are supplied by third party through the use of the Website and/or the Application. YOU ACKNOWLEDGE AND AGREE THAT IN PURCHASING OR ACQUIRING ANY GOODS OR SERVICES THROUGH THE WEBSITE AND/OR THE APPLICATION THAT YOU WILL BE EXERCISING YOU OWN JUDGMENT AND DISCRETION AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE GOODS AND SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU. YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY FOR ANY LOSS OR INJURY SUFFERED BY YOU AND THE COMPANY OR ITS OFFICERS, DIRECTORS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER CAUSED, RESULTING FROM THE USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless the Company, its officers, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and
expenses whatsoever (including legal costs) sustained, incurred or paid by the Company directly or indirectly in respect of any of contents provided by you on or through the Website and/or the Application or which is sent to the Company by electronic mail or your use or misuse of the
Website and/or the Application or its contents, including infringement claims.
Terms and Condition for Car Renting Service (SGT) Article 1. Definitions
Unless otherwise stated, the capitalized words used in these Terms and Conditions for Car Renting Service (“Car Renting Terms”) shall have the same meaning as the General Terms and Conditions.
“Passengers” means the Member and any persons who enter the Vehicle with the consent
of the Member.
The purpose of these Car Renting Terms is to set out the rights, obligations and other necessary matters between the Member and the Company particularly in relation to the car renting service provided by the Company.
Unless otherwise stated, all Articles in the General Terms and Conditions shall apply to these Car Renting Terms.
The Member shall reserve the desired Vehicle and other Services in advance through the Application or the Website.
While making a reservation, the Member shall confirm the Vehicle make and model, the applicable Fees, the Rental Period, and the Designated Location for collecting and returning the Vehicles (“Terms of Reservation”).
Any changes to the Terms of Reservation after confirmation of reservation or after the beginning of the Rental Period is subject to the Company’s approval and further charges (if any).
For long-term rent of a Vehicle (i.e. more than 1 month), the Member shall obtain prior approval from the Company.
The Rental Period shall be a minimum of 30 minutes, and in further (minimum) 10 minutes increments.
The Member shall not assign the reservation to other Members or non-Members.
The Member shall complete and pass the Identity Verification Process.
The applicable refund and cancellation charges are as set out in Appendix I (Other Fees).
Subject to Article 7.3 of the General Terms and Conditions (Cancellation and Waiver of Liability in a Force Majeure Event), no refund will be given if the Vehicle is not used
for any and all portions of the Rental Period, even if the Vehicle is duly returned and where the Member cancels the reservation of the Vehicle during the Rental Period.
Cancellation of a reservation shall only be made through the Application. The Member’s entitlement for refund in the event of cancellation of reservations is set out in Appendix I (Other Fees).
The Company may refuse the Member the Services if the Member falls under any of the categories below, in which case the Fees paid will not be refunded to the Member;
If the Member is under the influence of Intoxicants, or the Company has reasons to believe that the Member is under the influence of the Intoxicants;
Any other reasons which, in the opinion of the Company, justifies a refusal of the Services to the Member; or
If the Member fails or does not complete the Identity Verification Process.
To operate the Vehicle:
The Member shall have a valid Driving Licence and it is the Member’s obligation to inform the Company of any change in the status of the Member’s Driving Licence;
The Member shall not be suffering from any physical infirmity and/or impairment of vision and hearing, defective vision or hearing, or any other physical or mental conditions which may impair the Member’s ability to operate the Vehicle in a safe and proper manner;
The Member shall not be under the influence of Intoxicants;
The Member shall not have been convicted at any time during the past 5 years for any traffic offences (in any jurisdiction), and it is the Member’s obligation to inform the Company of any such event;
The Member shall not have been refused to be granted a motor vehicle insurance policy or have had a motor vehicle insurance policy cancelled, and it is the Member’s obligation to inform the Company of any such event; and
The Member shall not have breached these Terms.
Article 9. Extension of Rental Period
The Member may extend the reservation of a Vehicle as follows, and shall incur additional Fees:
Extension of Rental Period shall be done through the Application.
The Rental Period of a Vehicle may be extended, subject to the availability of that Vehicle (i.e., if the Vehicle is not reserved by other Members). The Company does not guarantee the availability of the Vehicle for any extended Rental Periods. Long term rental of a Vehicle for more than 1 month shall be subject to the prior approval of the Company.
All extensions of the Rental Period shall be calculated in 10-minute increments from the end of the initial Rental Period.
If the extension of the Rental Period is approved, the applicable Fees for the extended period will be charged onto the registered payment card, e-wallet or the Common Wallet.
If the Member returns the Vehicle late without applying for an extension of Rental Period, the Member will be charged an hourly penalty, as set out in Appendix I (Other Fees).
All reservations including extensions are not assignable or transferable.
The Member’s obligations while operating the Vehicle are:
The Member shall promptly notify the Company of all signs of a possible breakdown or parts failure of the Vehicle, whether or not such signs are indicated by any warning lights.
The Member shall not remove or attempt to remove any internal or otherwise integral parts of the Vehicle, including, without limitation, the black box or navigation system, for any reason whatsoever. Prior to the Member removing such parts, the Member shall first obtain the approval of the Company, and thereafter follow the instructions of the Company pertaining to the removal of such parts. In addition, if any abnormality of the device or parts is found, the Member should notify the Company immediately.
The Member shall notify the Company immediately if the Vehicle is involved in any accidents or breakdown, even if the Vehicle does not appear to be damaged.
The Member shall not abandon/leave the Vehicle unattended after an accident or
breakdown prior to the arrival of the Company’s rescue team.
The Member shall not replace any parts of the Vehicle without prior approval of the Company.
If the Member fails to notify the Company or adhere to any of the above, the Member shall be liable to pay the relevant Other Fees, as set out in Appendix I (Other Fees).
Vehicle Management and Expenses:
The Member shall not carry out any maintenance or repair work on the Vehicle, except with prior approval of the Company.
In the event a request to carry out maintenance or repair work on the Vehicle is approved by the Company, the Company shall reimburse the Member for the agreed costs of maintenance or repair work.
The Member shall submit receipts proving the costs incurred for the maintenance or repair work on the Vehicle within 30 days from the date any such costs are incurred, failing which the Company shall not be liable to reimburse the Member.
11.1 Refuel
The Rental Fee does not include any mileage allowance. Please refer to Appendix I (Other Fees) and below for further details:
The Member may purchase a fuel package that is offered to the Member while making a reservation. In the event that the Member does not fully utilise the fuel that is offered under any fuel package, no refund will be given for any unutilised fuel. If the Member exceeds the mileage offered under any fuel package, the excess mileage will be calculated based on Article 11.1.1.2 below; or
If the Member does not purchase any fuel package or the Member exceeds the mileage offered under any fuel package, the Member will be charged according to Appendix I (Other
Fees) under the heading of “Exceeding Mileage Allowance”.
When returning the Vehicle, the fuel tank shall be filled to the required level as stated in Appendix I (Other Fees), failing which the Company shall impose a penalty as set out in Appendix I (Other Fees).
The Member shall only refuel the Vehicle with the appropriate type of fuel as indicated on the Vehicle or informed to the Member failing which, the Member shall be liable for all costs and damages that may be suffered by the Company.
If the Member refuels with his own cash or other payment method, the Member shall submit the receipt immediately using the “Fuel Reimbursement” module in the main section of the Application, or manually via email or the in-app messaging function in the Application within 15 days from the date of refuelling, failing which the Company shall not be liable to reimburse the Member.
11.2 Parking Fees and Toll Charges
All parking fees and toll charges shall be borne by the Member. The Member shall use his own cash or other payment method to pay for the parking fees and toll charges.
Notwithstanding Article 11.2.1 above, a parking card will be provided for Vehicle located at selected locations which require a parking card to exit. The Member is required to return the parking card in the same place once he has entered or exited the Vehicle. If the Member loses the parking card, a penalty as set out in Appendix I (Other Fees) will be imposed.
The Member may purchase or replace the consumables of the Vehicle as stated below if necessary:
car wipers;
car light bulbs;
window washer fluid; and
other parts and consumables.
The Member may be reimbursed for the cost of replacing such consumables, subject to this Article.
If there is a need to replace any consumables, the Member shall first obtain the prior approval from the Company. The receipts for such cost shall be submitted to the Company within the Rental Period, failing which the Member shall not be reimbursed.
The Company reserves the right to deny reimbursement to the Member, if such costs are deemed by the Company to be unnecessary, not genuine, or for other reasonable justifications.
The Member shall be responsible for any violation of applicable laws (traffic or otherwise) while operating the Vehicle and/or using the Services.
The Member is obliged to pay penalties, fines, etc. imposed by the authorities in full, in addition to a penalty imposed by the Company as set out in Appendix I (Other Fees), and shall indemnify the Company of the same.
The Member shall immediately report any violation of any laws from the operation of the Vehicle to the Company failing which any losses and damages following the violation shall be deemed to be direct consequences of the violation which the Member shall indemnify the Company of such losses and damages.
The Member shall collect the reserved Vehicle from the Designated Location.
The Member shall return the Vehicle to the Designated Location.
Notwithstanding the provisions of this Article, if the Member returns the Vehicle to a location other than a Designated Location, the Member shall immediately notify the Company through the in-app messaging function in the Application.
If the Vehicle is returned to a Prohibited Area or a location other than a Designated Location, the Member shall be liable to pay the applicable penalty as stated in Appendix I (Other Fees).
When the Member collects the Vehicle, the Member shall inspect the interior and exterior of the Vehicle for any abnormalities or damages.
The Member must notify the Company of any abnormalities or damages to the Vehicle before accepting the Vehicle by uploading photos of the abnormalities or damages onto the Applications.
Failure of the Member to notify the Company of any abnormalities or damages to the Vehicle pursuant to Article 14.6 above will be deemed as an acceptance by the Member that there is no abnormality or damage to the Vehicle and the Member shall be deemed to have caused the unreported abnormalities and damages and thereby liable for such abnormalities and damages upon return of the Vehicle. Furthermore, the Company reserves the right to impose a penalty as stated in Appendix I (Other Fees) for failing to upload photos of any abnormalities or damages onto the Application.
When returning the Vehicle, the parking card shall be placed in the designated place in the Vehicle and the Member shall upload photos of each sides of the Vehicle (front, back, left and right) onto the Applications. If the Member fails to upload photos of the Vehicle, the Company reserves the right to impose a penalty as stated in Appendix I (Other Fees) and if there is any damage to the Vehicle, the damage is presumed to be caused by the Member.
After returning the Vehicle to the Designated Location, the Member shall press both the “Lock the Door” and “Vehicle Return Button” in the Application, failing which the Member shall be liable to pay any penalties imposed by the Company as stated Appendix I (Other Fees).
The Member shall return the Vehicle in its original condition as confirmed at the beginning of the Rental Period, with exception for fair wear and tear occasioning from normal and reasonable use.
The SCDW will be offered to the Member during the reservation of a Vehicle. Subject to Articles 15.2 and 15.3 below, the SCDW covers damages to the Vehicle and any
other associated cost which is not caused by the Member’s act or omission. The Member shall only be liable to make payment for the excess amount depending on the type of Vehicle and the selected SCDW plan as stated in Appendix II (Types of Vehicles and Excess Amount (SCDW)).
15.2 Applicability of SCDW
The SCDW is only applicable to the Member provided that:
The Member shall lodge a police report within 24 hours of the loss, damage or theft of the Vehicle;
Where applicable, the Member shall obtain the names, identity card or passport number and addresses of all parties involved, including any witnesses;
The Member shall not enter into any settlement relating to the loss, damage and/or theft of the Vehicle without the prior approval of the Company;
The Member shall safeguard the Vehicle and ensure the Vehicle is secured (e.g. only parking in guarded parking lots, not leaving the Vehicle unlocked, not abandoning the Vehicle, not leaving any valuables in the Vehicle);
The Member shall promptly notify the Company of such loss, damage or theft of the
Vehicle and shall submit a duly completed “Accident Report Form”;
The Member shall deliver all correspondence, writs or documents of any kind received by the Member relating to such accident involving the Vehicle and shall fully cooperate with the Company in the investigation and defence of any claim, prosecution or suit; and
The Member shall not send the Vehicle for repair or allow any party to tow the Vehicle without the prior consent of the Company.
15.3 Limit of SCDW
SCDW shall not be applicable if the Vehicle has been driven or operated in any of the circumstances listed below, and the Member shall be liable to pay the Company the FULL costs of the damaged or stolen Vehicle and/or part(s) thereof, including but not limited to the
replacement, repair, labour, towing and storage costs as well as the Company’s loss of use of the
Vehicle:
The Vehicle has been driven or operated negligently or recklessly;
The Vehicle has been driven or operated in violation of these Terms;
The Vehicle is driven by any persons other than the Member;
The Vehicle has been driven or operated in violation of any laws or regulations; and/or
The Member and/or the Passengers intentionally cause damage to the Vehicle.
15.4 Extra Payment
If the Member being involved in a traffic accident while operating the Vehicle, and the
Member is deemed at fault following a police investigation or the Company’s internal
investigation, the Company shall have the right to charge the Member’s registered payment card, e-wallet or the Common Wallet immediately for the full costs of the damage and any applicable penalty as stated in Appendix I (Other Fees) (including the compensation for loss of use of the Vehicle).
The Member shall be responsible for any damage or loss of property of the Company
(including any accessories) or any damage or loss of the Member’s personal property during the
Rental Period.
If an accident occurs and the damage sustained by the Vehicle is not under the coverage of the SCDW, the Member is responsible for all costs of damage or loss of the Vehicle to the Company.
Notwithstanding of an occurrence of a Force Majeure Event, the Member is still liable to compensate the loss or damage that the Company may suffer if the loss or damage of the Vehicle occurred within the Rental Period and the Member does not cancel his reservation provided that the same is not covered under the SCDW.
15.5 Theft/Criminal Breach of Trust Liability
If the entire or part(s) of the Vehicle is stolen during the Rental Period, the Member shall be liable for the full costs of replacing the stolen Vehicle or part(s) stolen from the Vehicle and for loss of use of the Vehicle by the Company.
15.6 Emergency Roadside Service (ERS)
The Member may request for ERS provided by the Company in case of a Vehicle breakdown or accident.
The Member shall not abandon/leave the Vehicle unattended in the event of a breakdown or accident and is required to wait up to one (1) hour from the time of notification of the incident to the Company for the rescue team to arrive. Failing to adhere to this will result in the Company imposing a penalty against the Member as set out in Appendix I (Other Fees).
If the Member requests for ERS due to a breakdown of the Vehicle caused by any act or omission of the Member, the Member shall pay the applicable costs and the Company shall impose the applicable penalty as set out in Appendix I (Other Fees).
The Company may take any lawful actions necessary for the re-acquisition or repossession of the Vehicle if the Member does not return the Vehicle to the Designated Location within 3 hours from:
the end of the Rental Period or extended Rental Period (as the case may be), or
the Member receiving a return request from the Company.
The Company reserves the right to contact or track the location of the Member who fails to return the Vehicle by any means, including via the Application, the location tracker or the video camera installed in the Vehicle, for the purposes of ascertaining
the location of the Vehicle. The Company may also visit the residential or office address of the Member who fails to return the Vehicle.
The Company may take other necessary measures such as reporting the Vehicle as stolen to the police if the Company is unable to reach the Member and/or the Member refuses or fails to return the Vehicle within 48 hours from the end of the Rental Period, and the Company may immediately commence legal action to recover its costs and losses against the Member.
Notwithstanding Article 16.1 above, if the Company in its sole discretion is of the view that the Vehicle is being used for any illegal purpose or the Member is in breach of any provisions of these Terms, the Company may immediately repossess the Vehicle.
The Member is allowed to carry any Passengers using the Vehicle provided that the total number of persons in the Vehicle shall not exceed the maximum seating capacity of the Vehicle.
The Member shall inform the Passengers of the provisions of these Terms and shall be fully responsible for all the acts and omissions of the Passengers including but not limited to:
The Member shall ensure that the Passengers are complying with all laws and regulations;
The Member shall ensure that the Passengers comply with these Terms wherever applicable to the Passengers;
The Member shall ensure that the Passengers do not cause any damage to the Vehicle; and
17.2.3 The Member shall ensure that the Passenger’s conducts do not cause any threat to the
safety of their own, the Member and any other persons.
The Member shall indemnify the Company for any losses, costs or expenses suffered or incurred by the Company as a result of any act or omission of any Passengers, whether or not the Company has first made a claim against the Passengers.
Terms and Conditions for SGTPLUS (Personal Driver Service) Article 1. Definitions
Unless otherwise stated, the capitalized words used in these Terms and Conditions for SGTPLUS (“SGTPLUS Terms”) shall have the same meaning as stated in the General Terms and Conditions.
“Passengers” means the Member and any persons who enter the Vehicle with the consent of the Member.
“SGTPLUS Fees” means the fees for SGTPLUS.
The purpose of these SGTPLUS Terms is to set out the rights, obligations and other necessary matters between the Member and the Company particularly in relation to SGTPLUS.
Unless otherwise stated, all other Articles in the General Terms and Conditions shall apply to these Terms.
The Member shall reserve the desired Vehicle and other Services in advance through the Application or the Website. The Member shall also select SGTPLUS when making a reservation. If such service is not selected, the Member is deemed to have chosen the car renting service without a driver. By selecting SGTPLUS, the Member agrees to nominate the Personal Driver to operate the Vehicle throughout the Rental Period.
While making a reservation, the Member shall confirm the Vehicle make and model, the applicable Fees, the Rental Period and whether SGTPLUS is selected (“Terms of Reservation”).
Any changes to the Terms of Reservation after confirmation of reservation or after the beginning of the Rental Period is subject to the Company’s approval and further charges (if any).
The Rental Period shall be a minimum of 30 minutes.
The Member shall not assign the reservation to other Members or non-Members.
Cancellation of a reservation shall only be made through the Application. The refund and cancellation charges are set out in Appendix I (Other Fees).
Subject to Article 7.3 of the General Terms and Conditions (Cancellation and Waiver of Liability in a Force Majeure Event), no refund will be given if SGTPLUS is not used for any and all portions of the Rental Period, even if the Vehicle is duly returned and where the Member cancels the reservation of SGTPLUS during the Rental Period.
If a reservation is cancelled by the Personal Driver after the reservation has been confirmed, the Company will endeavour to get another Personal Driver for the Member if the Member is willing to wait for an extra time as estimated in the Application. If the Member is unwilling or unable to wait for the estimated extra time, the Member may cancel the reservation and full refund of the Fees paid by the Member will be given to the Member. In any event, the Company shall not be held responsible for any losses and/or damages that may be suffered by the Member and/or the Passengers as a result of the Personal Driver cancelling the reservation or as a result of the Member unwilling or unable to wait for the estimated extra time.
The Company may refuse the Member the Services if the Member falls under any of the categories below, in which case the Fees paid will not be refunded to the Member;
If the Member affects or causes the Personal Driver to not being able to operate the Vehicle in a safe manner, or the Company has reasons to believe that the Member is affecting or causing the Personal Driver to not being able to operate the Vehicle in a safe manner; or
Any other reasons which, in the opinion of the Company, justifies a refusal of the Services to the Member.
7.1 SGTPLUS Fees and any Other Fees
On top of the Rental Fees, the Member is required to pay the SGTPLUS Fees which are set out in the reservation, subject to any changes in accordance with these SGTPLUS Terms.
The SGTPLUS Fees will be automatically charged to the Member’s registered payment
card, e-wallet or the Common Wallet before the beginning of the Rental Period.
The Member will also be charged any Other Fees as stated in Appendix I (Other Fees) save and except for the penalties relating to violation of laws and regulations which are violated by the Personal Driver.
The Rental Fee includes a mileage allowance as set out in Appendix I (Other Fees). Any usage in excess of such allowance shall be borne by the Members, as set out in Appendix I (Other Fees).
All parking fees and toll charges shall be borne by the Member which will be charged onto the registered payment card, e-wallet or the Common Wallet of the Member after the Personal Driver returns the Vehicle to the Designated Location.
7.2 Extension of Rental Period
The Member is not allowed to request for an extension of the Rental Period. However, if the service of SGTPLUS cannot be completed within the Rental Period due to emergency or circumstances that are not within the control of the Member and the Personal Driver such as unusual traffic congestion and flash flood, the Personal Driver may request for an extension of the Rental Period.
Any extension of Rental Period that is approved by the Company shall be in a block of 1 hour and the Member shall be liable to pay the fees for the extended Rental Period. Such fees will be automatically charged to the registered payment card, e-wallet or the Common Wallet.
The Personal Driver will use his own judgment to drive at reasonable speeds in relation to the prevailing road type and conditions. The Member should not ask the Personal Driver to exceed any speed limits. Unless the Member requests that a particular route should be used, the Personal Driver may use any route to a destination that in his opinion is the best and most convenient route, whether or not it is actually the shortest route.
No person (including the Member) other than the Personal Driver may operate the Vehicle under any circumstances.
The Personal Driver will endeavour to adhere to any reasonable requests of the Member (the reasonableness of which shall be judged by the Personal Driver based on the prevailing circumstances). However, the Company shall not be held responsible for any loss or inconvenience from delays of prolonged journey durations, due to circumstances beyond the Personal Driver’s control such as traffic, adverse weather conditions, etc.
All personal items shall at all times remain the responsibility of the Member. The Company accepts no responsibility or liability for any loss or damage no matter how caused, either whilst in transit or when left in the Vehicle.
When reserving for a Vehicle, the Member shall ensure that the Vehicle selected by the Member has sufficient space and weight allowance to accommodate and carry any personal items of the Member. If the Personal Driver is of the view that the volume of the personal items is excessive, the Personal Driver has the right to refuse the carriage of any personal items that are in excess of the capacity of the Vehicle.
Passengers are allowed into the Vehicle provided that the total number of persons in the Vehicle will not exceed the maximum seating capacity of the Vehicle.
Passengers shall only enter the Vehicle together with the Member. The Member shall not request the Personal Driver to pick up any persons without the presence of the Member.
The Member shall inform the Passengers of the provisions of these Terms and shall be responsible for all the acts and omissions of the Passengers including but not limited to:
The Member shall ensure that the Passengers are complying with these Terms and all laws and regulations;
The Member shall ensure that the Passengers comply with these Terms wherever applicable to the Passengers;
The Member shall ensure that the Passengers do not cause any damage to the Vehicle; and
The Member shall ensure that the Passenger’s conducts do not cause any threat to the
safety of their own, the Personal Driver, the Member and any other persons.
The Member shall indemnify the Company for any losses, costs or expenses suffered or incurred by the Company as a result of any act or omission of any Passengers, whether or not the Company has first made a claim against the Passengers.
In the event that the Personal Driver is of the opinion that any Passenger is carrying out any unacceptable behaviour, the Personal Driver or the Company may refuse entry of that Passenger to the Vehicle or may terminate the Services even if the Services are not completed. In these circumstances, the Member is still liable for the Fees for the entire Rental Period and the Company shall have no responsibility or liability for any losses or damages that may be suffered by the Member.
The Personal Driver is an independent third party service provider of the Company and not an employee of the Company. Therefore, the Company shall not be responsible and liable for any losses and damages suffered by the Member which are resulted from any acts or omissions of the Personal Driver.
Any complaints and/or disputes between the Personal Driver and the Member must be taken up with each other directly.
Terms and Conditions for SGT-2-YOU Article 1. Definitions
Unless otherwise stated, the capitalized words used in these Terms and Conditions for SGT2U
(“SGT2U Terms”) shall have the same meaning as the General Terms and Conditions.
“Passengers” means the Member and any persons who enter the Vehicle with the consent
of the Member.
“Desired Locations” means the locations set by the Member when making a reservation of which the Vehicle will be delivered to the Member at the beginning of the Rental Period and/or will be picked up from the Member at the end of the Rental Period. The Desired Location shall not be; a Prohibited Area, a parking space that is only accessible by way of cashless payment including but not limited to Touch n Go card or debit/credit card (except a parking space using the license plate recognition system), any private, gated and/or guarded residential and/or commercial area (which shall include the residence of the Member), any area which requires authorization and verification prior to entry or exit an illegal parking, a location which will cause inconvenience to the general public and/or a location which will cause hindrance or disruption to the free flow of traffic.
“SGT2U Fees” means the fees for SGT2U.
The purpose of these SGT2U Terms is to set out the rights, obligations and other necessary matters between the Member and the Company particularly in relation to SGT2U.
Unless otherwise stated, all Articles in the General Terms and Conditions shall apply to these SGT2U Terms.
The Member shall reserve the desired Vehicle and other Services in advance through the Application or the Website. The Member shall also select SGT2U when making a reservation. If such service is not selected, the Member is deemed to have chosen the car renting service without the option of having the Vehicle to be delivered to the Member at the beginning of the Rental Period and to be picked up from the Member at the end of the Rental Period.
While making a reservation, the Member shall confirm the Vehicle make and model, the
applicable Fees, the Rental Period, and the Desired Locations (“Terms of Reservation”).
Any changes to the Terms of Reservation after confirmation of reservation or after the beginning of the Rental Period is subject to the Company’s approval and further charges (if any).
The Rental Period shall be a minimum of 30 minutes, and in further (minimum) 10 minutes increments.
The Member shall not assign the reservation to other Members or non-Members.
The Member shall complete and pass the Identity Verification Process.
The applicable refund and cancellation charges are as set out in Appendix I (Other Fees).
Subject to Article 7.3 of the General Terms and Conditions (Cancellation and Waiver of Liability in a Force Majeure Event), no refund will be given if the Vehicle is not used for any and all portions of the Rental Period, even if the Vehicle is duly returned and where the Member cancels the reservation of the Vehicle during the Rental Period.
Cancellation of a reservation shall only be made through the Application. The Member’s entitlement for refund in the event of cancellation of reservations is set out in Appendix I (Other Fees).
The Company may refuse the Member the Services if the Member falls under any of the categories below, in which case the Fees paid will not be refunded to the Member;
If the Member is under the influence of Intoxicants, or the Company has reasons to believe that the Member is under the influence of the Intoxicants;
Any other reasons which, in the opinion of the Company, justifies a refusal of the Services to the Member; or
If the Member fails or does not complete the Identity Verification Process.
To operate the Vehicle:
The Member shall have a valid Driving Licence and it is the Member’s obligation to inform the Company of any change in the status of the Member’s Driving Licence;
The Member shall not be suffering from any physical infirmity and/or impairment of vision and hearing, defective vision or hearing, or any other physical or mental conditions which may impair the Member’s ability to operate the Vehicle in a safe and proper manner;
The Member shall not be under the influence of Intoxicants;
The Member shall not have been convicted at any time during the past 5 years for any traffic offences (in any jurisdiction), and it is the Member’s obligation to inform the Company of any such event;
The Member shall not have been refused to be granted a motor vehicle insurance policy or have had a motor vehicle insurance policy cancelled, and it is the Member’s obligation to inform the Company of any such event; and
The Member shall not have breached these Terms.
9.1 SGT2U Fees and any Other Fees
On top of the Rental Fees, the Member is required to pay the SGT2U Fees which are set out in the reservation, subject to any changes in accordance with these SGT2U Terms.
The SGT2U Fees will be automatically charged to the Member’s registered payment card,
e-wallet or the Common Wallet before the beginning of the Rental Period.
The Member will also be charged any Other Fees as stated in Appendix I (Other Fees).
9.2 Extension of Rental Period
The Member may extend the reservation of a Vehicle as follows, and shall incur additional Fees:
Extension of Rental Period shall be done through the Application.
The Rental Period of a Vehicle may be extended, subject to the availability of that Vehicle (i.e., if the Vehicle is not reserved by other Members). The Company does not guarantee the availability of the Vehicle for any extended Rental Periods.
All extensions of the Rental Period shall be calculated in 10-minute increments from the end of the initial Rental Period.
If the extension of the Rental Period is approved, the applicable Fees for the extended period will be charged onto the registered payment card, e-wallet or the Common Wallet.
If the Member returns the Vehicle to the Desired Location late, the Company will automatically extend the Rental Period until the time that the Vehicle is returned to the Desired Location. The applicable Fee for such extension of the Rental Period shall be borne by the Member which will be charged onto the registered payment card, e-wallet or the Common Wallet.
If the extension of the Rental Period requested by the Member is beyond the operating hours of SGT2U, the Member shall return the Vehicle to the Designated Location as shown in the Application failing which a penalty as set out in Appendix I (Other Fees) will be imposed.
All reservations including extensions are not assignable or transferrable.
The Member’s obligations while operating the Vehicle are:
The Member shall promptly notify the Company of all signs of a possible breakdown or parts failure of the Vehicle, whether or not such signs are indicated by any warning lights.
The Member shall not remove or attempt to remove any internal or otherwise integral parts of the Vehicle, including, without limitation, the black box or navigation system, for any reason whatsoever. Prior to the Member removing such parts, the Member shall first obtain the approval of the Company, and thereafter follow the instructions of the Company pertaining to the removal of such parts. In addition, if any abnormality of the device or parts is found, the Member should notify the Company immediately.
The Member shall notify the Company immediately if the Vehicle is involved in any accidents or breakdown, even if the Vehicle does not appear to be damaged.
The Member shall not abandon/leave the Vehicle unattended after an accident or
breakdown prior to the arrival of the Company’s rescue team.
The Member shall not replace any parts of the Vehicle without prior approval of the Company.
If the Member fails to notify the Company or adhere to any of the above, the Member shall be liable to pay the relevant Other Fees, as set out in Appendix I (Other Fees).
Vehicle Management and Expenses:
The Member shall not carry out any maintenance or repair work on the Vehicle, except with prior approval of the Company.
In the event a request to carry out maintenance or repair work on the Vehicle is approved by the Company, the Company shall reimburse the Member for the agreed costs of maintenance or repair work.
The Member shall submit receipts proving the costs incurred for the maintenance or repair work on the Vehicle within 30 days from the date any
such costs are incurred, failing which the Company shall not be liable to reimburse the Member.
11.1 Refuel
The Rental Fee does not include any mileage allowance. Please refer to Appendix I (Other Fees) and below for further details:
The Member may purchase a fuel package that is offered to the Member while making a reservation. In the event that the Member does not fully utilise the fuel that is offered under any fuel package, no refund will be made for any unutilised fuel. If the Member exceeds the mileage offered under any fuel package, the excess mileage will be calculated based on Article 11.1.1.2 below; or
If the Member does not purchase any fuel package or the Member exceeds the mileage offered under any fuel package, the Member will be charged according to Appendix I (Other
Fees) under the heading of “Exceeding Mileage Allowance”.
When returning the Vehicle, the fuel tank shall be filled to the required level as stated in Appendix I (Other Fees), failing which the Company shall impose a penalty as set out in Appendix I (Other Fees).
The Member shall only refuel the Vehicle with the appropriate type of fuel as indicated on the Vehicle or informed to the Member failing which, the Member shall be liable for all costs and damages that may be suffered by the Company.
If the Member refuels with his own cash or other payment method, the Member shall submit the receipt immediately using the “Fuel Reimbursement” module in the main section of the Application, or manually via email or the in-app messaging function in the Application within 15 days from the date of refuelling, failing which the Company shall not be liable to reimburse the Member.
11.2 Parking Fees and Toll Charges
All parking fees and toll charges shall be borne by the Member. The Member shall use his own cash or other payment method to pay for the parking fees and toll charges.
Notwithstanding Article 11.2.1 above, a parking card will be provided for Vehicle located at selected locations which require a parking card to exit. The Member is required to return the parking card in the same place once he has entered or exited the Vehicle. If the Member loses the parking card, a penalty as set out in Appendix I (Other Fees) will be imposed.
The Member may purchase or replace the consumables of the Vehicle as stated below if necessary:
car wipers;
car light bulbs;
window washer fluid; and
other parts and consumables.
The Member may be reimbursed for the cost of replacing such consumables, subject to this Article.
If there is a need to replace any consumables, the Member shall first obtain the prior approval from the Company. The receipts for such cost shall be submitted to the Company within the Rental Period, failing which the Member shall not be reimbursed.
The Company reserves the right to deny reimbursement to the Member, if such costs are deemed by the Company to be unnecessary, not genuine, or for other reasonable justifications.
The Member shall be responsible for any violation of applicable laws (traffic or otherwise) while operating the Vehicle and/or using the Services.
The Member is obliged to pay penalties, fines, etc. imposed by the authorities in full, in addition to a penalty imposed by the Company as set out in Appendix I (Other Fees), and shall indemnify the Company of the same.
The Member shall immediately report any violation of any laws from the operation of the Vehicle to the Company failing which any losses and damages following the violation shall be deemed to be direct consequences of the violation which the Member shall indemnify the Company of such losses and damages.
Article 15. Collection and Return of Vehicle
The Member shall collect the reserved Vehicle from the Desired Location.
The Member shall return the Vehicle to the Desired Location. However, if the Member requests for an extension of the Rental Period which is beyond the operating hours of SGT2U, the Member shall return the Vehicle to the Designated Location as shown in the Application.
When the Member collects the Vehicle, the Member shall inspect the interior and exterior of the Vehicle for any abnormalities or damages.
The Member must notify the Company of any abnormalities or damages to the Vehicle before accepting the Vehicle by uploading photos of the abnormalities or damages onto the Applications.
Failure of the Member to notify the Company of any abnormalities or damages to the Vehicle pursuant to Article 15.6 above will be deemed as an acceptance by the Member that there is no abnormality or damage to the Vehicle and the Member shall be deemed to have caused the unreported abnormalities and damages and thereby liable for such abnormalities and damages upon return of the Vehicle. Furthermore, the Company reserves the right to impose a penalty as stated in Appendix I (Other Fees) for failing to upload photos of any abnormalities or damages onto the Application.
When returning the Vehicle, the parking card shall be placed in the designated place in the Vehicle and the Member shall upload photos of each sides of the Vehicle (front, back, left and right) onto the Applications. If the Member fails to upload photos of the Vehicle, the Company reserves the right to impose a penalty as stated in Appendix I (Other Fees) and if there is any damage to the Vehicle, the damage is presumed to be caused by the Member.
In the event that the Member is returning the Vehicle to the Designated Location, the Member shall press both the “Lock the Door” and “Vehicle Return Button” in the Application, failing which the Member shall be liable to pay any penalties imposed by the Company as stated Appendix I (Other Fees).
The Member shall return the Vehicle in its original condition as confirmed at the beginning of the Rental Period, with exception for fair wear and tear occasioning from normal and reasonable use.
The SCDW will be offered to the Member during the reservation of a Vehicle. Subject to Articles 16.2 and 16.3 below, the SCDW covers damages to the Vehicle and any other associated cost which is not caused by the Member’s act or omission. The Member shall only be liable to make payment for the excess amount depending on the type of Vehicle and the selected SCDW plan as stated in Appendix II (Types of Vehicles and Excess Amount (SCDW)).
16.2 Applicability of SCDW
The SCDW is only applicable to the Member provided that:
The Member shall lodge a police report within 24 hours of the loss, damage or theft of the Vehicle;
Where applicable, the Member shall obtain the names, identity card or passport number and addresses of all parties involved, including any witnesses;
The Member shall not enter into any settlement relating to the loss, damage and/or theft of the Vehicle without the prior approval of the Company;
The Member shall safeguard the Vehicle and ensure the Vehicle is secured (e.g. only parking in guarded parking lots, not leaving the Vehicle unlocked, not leaving any valuables in the Vehicle);
The Member shall promptly notify the Company of such loss, damage or theft of the
Vehicle and shall submit a duly completed “Accident Report Form”;
The Member shall deliver all correspondence, writs or documents of any kind received by the Member relating to such accident involving the Vehicle and shall fully cooperate with the Company in the investigation and defence of any claim, prosecution or suit; and
The Member shall not send the Vehicle for repair or allow any party to tow the Vehicle without the prior consent of the Company.
16.3 Limit of SCDW
SCDW shall not be applicable if the Vehicle has been driven or operated in any of the circumstances listed below, and the Member shall be liable to pay the Company the FULL costs of the damaged or stolen Vehicle and/or part(s) thereof, including but not limited to the replacement, repair, labour, towing and storage costs as well as the Company’s loss of use of the Vehicle:
The Vehicle has been driven or operated negligently or recklessly;
The Vehicle has been driven or operated in violation of these Terms;
The Vehicle has been driven or operated in violation of any laws or regulations; and/or
The Member and/or the Passengers intentionally cause damage to the Vehicle.
16.4 Extra Payment
If the Member being involved in a traffic accident while operating the Vehicle, and the Member is deemed at fault following a police investigation, the Company shall have the right to charge the Member’s registered payment card, e-wallet or the Common Wallet immediately for the full costs of the damage and any applicable penalty as stated in Appendix I (Other Fees) (including the compensation for loss of use of the Vehicle).
The Member shall be responsible for any damage or loss of property of the Company
(including any accessories) or any damage or loss of the Member’s personal property during the
Rental Period.
If an accident occurs and the damage sustained by the Vehicle is not under the coverage of the SCDW, the Member is responsible for all costs of damage or loss of the Vehicle to the Company.
Notwithstanding of an occurrence of a Force Majeure Event, the Member is liable to compensate the loss or damage that the Company may suffer if the loss or damage of the Vehicle occurred within the Rental Period and the Member does not cancel his reservation provided that the same is not covered under the SCDW.
16.5 Theft/Criminal Breach of Trust Liability
If the entire or part(s) of the Vehicle is stolen during the Rental Period, the Member shall be liable for the full costs of replacing the stolen Vehicle or part(s) stolen from the Vehicle and for loss of use of the Vehicle by the Company.
16.6 Emergency Roadside Service (ERS)
The Member may request for ERS provided by the Company in case of a Vehicle breakdown or accident.
The Member shall not abandon/leave the Vehicle unattended in the event of a breakdown or accident and is required to wait up to one (1) hour from the time of notification of the incident to the Company for the rescue team to arrive. Failing to adhere to this will result in the Company imposing a penalty against the Member as set out in Appendix I (Other Fees).
If the Member requests for ERS due to a breakdown of the Vehicle caused by any act or omission of the Member, the Member shall pay the applicable costs and the Company shall impose the applicable penalty as set out in Appendix I (Other Fees).
The Company may take any lawful actions necessary for the re-acquisition or repossession of the Vehicle if the Member does not return the Vehicle to the Designated Location within 3 hours from:
the end of the Rental Period or extended Rental Period (as the case may be), or
the Member receiving a return request from the Company.
The Company reserves the right to contact or track the location of the Member who fails to return the Vehicle by any means, including via the Application, the location tracker or the video camera installed in the Vehicle, for the purposes of ascertaining the location of the Vehicle. The Company may also visit the residential or office address of the Member who fails to return the Vehicle.
The Company may take other necessary measures such as reporting the Vehicle as stolen to the police if the Company is unable to reach the Member and/or the Member refuses or fails to return the Vehicle within 48 hours from the end of the Rental Period, and the Company may immediately commence legal action to recover its costs and losses against the Member.
Notwithstanding Article 17.1 above, if the Company in its sole discretion is of the view that the Vehicle is being used for any illegal purpose or the Member is in breach of any provisions of these Terms, the Company may immediately repossess the Vehicle.
The Member is allowed to carry any Passengers using the Vehicle provided that the total number of persons in the Vehicle shall not exceed the maximum seating capacity of the Vehicle.
The Member shall inform the Passengers of the provisions of these Terms and shall be fully responsible for all the acts and omissions of the Passengers including but not limited to:
The Member shall ensure that the Passengers are complying with all laws and regulations;
The Member shall ensure that the Passengers comply with these Terms wherever applicable to the Passengers;
The Member shall ensure that the Passengers do not cause any damage to the Vehicle; and
18.2.3 The Member shall ensure that the Passenger’s conducts do not cause any threat to the
safety of their own, the Member and any other persons.
The Member shall indemnify the Company for any losses, costs or expenses suffered or incurred by the Company as a result of any act or omission of any Passengers, whether or not the Company has first made a claim against the Passengers.
Terms and Conditions for Common Wallet Article 1. Definitions
Unless otherwise stated, the capitalized words used in these Terms and Conditions for Common Wallet (“Common Wallet Terms”) shall have the same meaning as the General Terms and Conditions.
“Transaction” means payment for Services and reimbursement by the Company;
“Transaction Limit” means the respective limit listed in Article 4.3; and
“Wallet Limit” means a maximum balance of 1,500 Credits (equivalent to RM1,500.00)
in the Common Wallet at any point of time.
The purpose of these Common Wallet Terms is to set out the terms and conditions in respect of the use of the Common Wallet as well as the rights, obligations and other necessary matters between the Member and the Company particularly in relation to the Common Wallet.
Unless otherwise stated, all Articles in the General Terms and Conditions shall apply to these Common Wallet Terms.
To use the Common Wallet, you are required to become a Member. Please refer to Article 4 of the General Terms and Conditions for the requirements and process to become a Member.
Subject to the Wallet Limit, the Member may top up his Common Wallet by using his credit card, debit card or any other payment channels authorised by the Company from time to time. For the avoidance of doubt, the Member is not allowed to use any payment card that is not registered under his name to top up his Common Wallet. In the event that, the Member uses
other person’s payment card to perform the topping up, the Company has the right to reject the
top up and refund the payment to the card holder.
The Member and/or the Company may perform any of the Transactions subject to the Wallet Limit and the Transaction Limit listed below:
|
Daily Transaction Limit |
|
|
|
Monthly Transaction Limit |
||
|
Annual Transaction Limit |
|
|
1,500 Credits
5,000 Credits
60,000 Credits
In the event of any refunds and/or reimbursements to be made by the Company, the Member may opt to receive the refunds and/or reimbursements in the form of Credits deposited directly into his Common Wallet. However, if the Common Wallet has reached its Transaction Limit (whether daily, monthly or annual), any reimbursements to be made by the Company will only be done by way of crediting the bank account of the Member notwithstanding of the option selected by the Member.
If the Member intends to use the Credits to pay for any of the Services, the Member shall ensure that his Common Wallet has sufficient Credits. A booking will be rejected if the Common Wallet does not have sufficient Credits.
The Member will not receive any interest or other earnings on the Credits stored in his Common Wallet.
All Credits in the Common Wallet cannot be withdrawn or transferred out save and except in the following circumstances only:-
Subject to Article 5.3, the Member’s Common Wallet is wrongly charged due to any errors
or discrepancies which are not due to human mistake;
The Member withdraws his Membership or terminates his Account provided that any amount due to the Company has been settled in full by the Member; and
The Account has been blocked or terminated by the Company.
Any request to withdraw or transfer out the Credits from a Common Wallet shall be made through the Company’s customer service and the amount equivalent to the value of the Credits will be paid into the bank account of the Member requesting for such withdrawal or transfer out after 30 business days from the date of request. For the avoidance of doubt, the value of the
Credits will not be paid and not to any other third party’s account.
The Member is able to view the history of all Transactions and refunds of his Common Wallet. If the Member realises any mistake, error or discrepancy in the Transactions and/or refunds, the Member must inform the Company through the customer service within 7 days from date of the disputed Transactions and/or refunds, failing which, the Transactions and/or refunds shall be deemed valid and accurate, and the Member will not be able to make any further complaint in respect of such Transactions and/or refunds. Therefore, Member is advised to check and verify the history on regular basis.
The Company reserves the right not to carry out any Transactions, refund and/or
withdrawal or transfer out of the Credits requested by the Member if the Company, in its sole opinion, suspects that:-
such request may be fraudulent, illegal or involves any criminal activity;
the Member has breached any of the terms and conditions of the Services and/or the Terms; and/or
by allowing the request it may compromise the security and integrity of the Common Wallet system and/or the Common Wallet services.
The Common Wallet is made available to the Member at the sole and absolute discretion of the Company. Members are not allowed to use the Common Wallet and/or the Credits for any
commercial use, whether or not for the purposes of gaining any form of profits without the prior written consent of the Company.
The Member hereby agrees to cooperate fully with the Company in relation to any financial crime screening that may be required and to assist the Company in complying with any prevailing laws or regulations in place
In the event that the Member’s Common Wallet is inactive for more than 24 months
consecutively, the Company will deactivate the Common Wallet.
Upon deactivation of the Common Wallet by the Company, any Credits balance left in the Common Wallet will be converted to its equivalent amount and lodged with the Registrar of Unclaimed Moneys by the Company. The Member of the deactivated Common Wallet may recover the value of the Credits from the Registrar of Unclaimed Moneys in accordance with the Unclaimed Moneys Act 1965 and the Company shall not be liable for any losses that may be suffered by the Member.