TERMS AND CONDITIONS FOR DASH SERVICE

 

 

Important – Please read these Terms and Conditions for DASH Service (“DASH Terms”) carefully. By registering as a Dasher (as defined below) on the Website (as defined below) or the DASH Application (as defined below), you agree that you have read, understood, accepted, and agreed with these DASH 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 DASH Service (as defined below), please stop using the DASH Application and/or the DASH Service.

 

Article 1. Definitions

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:

 

1.1    “Account” means an account duly registered and maintained through the DASH Application or the Website that enables the Applicant to become a Dasher.

 

1.2    “Affiliated Company” means any business partner, third-party vendor, service provider, parent company, or subsidiary of the Company.

 

1.3    “Applicant” means any person who intends to register for an Account. 

 

1.4    “Administration Fee” means the administration fee chargeable by the Company to the Dasher amounting to Ringgit Malaysia Fifty (RM50.00) only. 

 

1.5    “Buddy Driver” means a service provided by the Company to the Customer whereby a driver will be provided to operate the Customer’s Vehicle.

 

1.6    “CDL” means a Competent Driver’s License applicable for the Dasher 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.

 

1.7    “Claims” means the amount claimable by the Dasher for any miscellaneous expenses incurred by the Dasher in the course of performing the Accepted Job(s). The miscellaneous expenses may include payment for toll charges, fuel costs, parking fees, and any other related expenses which may be determined by the Company.  

 

1.8    “Company” means SOCAR MOBILITY MALAYSIA SDN. BHD. (Registration No. 201701009617 (1223782-T)) including its subsidiaries and affiliates.

 

1.9    “Compensation” means the approved amount stated on the DASH Application which is payable to the Dasher by the Company if an Accepted Job is cancelled due to any of the reasons listed in Article 8.2 below. For the avoidance of doubt, the Compensation amount is solely subject to the Company’s discretion and is decided by the Company on a case-to-case basis.

 

1.10   “Customer” means a person who enjoys any of the Services offered by the Company, including a Member.

 

1.11   Intentionally Deleted.

 

1.12   “DASH Application” means any application for mobile devices, which is owned and operated by the Company, and enables the Dasher to provide the Services.

 

1.13   “DASH Fee” means the fee payable by the Dasher to the Company in order to be able to use the DASH Application and the DASH Service.

 

1.14   “DASH Service” means the service as described in Article 4.1 below. 

 

1.15   “DASH Team” means the team who is in charge of managing the Dasher and communicating with the Dasher in relation to the DASH Service and/or the Services.

 

1.16    These “DASH Terms” means these Terms and Conditions for DASH Service.

 

1.17   “Dasher” means a person who has a valid Account and utilises the DASH Service to avail himself to the Customers to provide the Services. 

 

1.18   “Deduction” means the amount deductable from the Fees, Incentive and/or Compensation payable to the Dasher in a certain week(s) for the damages incurred and/or loss suffered by the Company arising from any accidents, claims (including third party claims), fraud, incomplete or fictitiously completed Jobs and incidents of similar nature caused by the Dasher in the course of performance of the Accepted Job(s).

 

1.19   “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 DASH Terms and the nature of the reservation, and will include any other locations indicated in the DASH Application.

 

1.20   “Dropoff Location” means the drop off location for the Vehicle or Vehicle delivery location as indicated in the DASH Application;

 

1.21   “Fees” means the amount that the Dasher is entitled to receive for providing the Services to the Customers based on the following formula and upon the terms and conditions stated in these DASH Terms:

 

Total amount paid by Customer/Company – Commission of the Company for providing the DASH Service – amounts that are owed by the Dasher to the Company (if any) – any applicable taxes.

 

1.22   “Force Majeure Event” means any event beyond the control of the Company or the Dasher, 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.

 

1.23   “Incentive” means any additional monetary rewards the Dasher may be entitled to receive through their participation in certain programs or campaigns offered by the Company from time to time. For the avoidance of doubt, the Dasher’s earning of such additional monetary rewards is subject to the terms and conditions of those programs and/or campaigns offered by the Company.

 

1.24   “Intoxicants” means alcohol, drugs, stimulants, thinners or any other intoxicating substances or substances that will impair the Dasher’s ability to operate the Vehicle.

 

1.25   “Job” means a request for the Services which is channelled to the Dasher for acceptance or rejection through the DASH Application. “Accepted Job” means a Job that has been accepted by the Dasher and “Rejected Job” means a Job that has been rejected by the Dasher.

 

1.26   “Member” means a person who has a valid and subsisting membership account with the Company.

 

1.27   “Passenger” means any person other than the Customer who enters the Vehicle together with the Customer.

 

1.28   “Payment Date” means the date in which the amount due and payable to a Dasher under a Statement is credited to the Dasher’s bank account based on the bank account details provided by the Dasher to the Company upon registration of an Account. 

 

1.29   “PDPA” means the Personal Data Protection Act 2010 of Malaysia.

 

1.30   “Personal Data” shall have the meaning ascribed to it under the PDPA.

 

1.31   “Penalty” means the penalties that the Company may impose on the Dasher as stipulated in Appendix I below.

 

1.32   “Pick Up Location” means the pick up location for the Vehicle or Vehicle collection location as indicated in the DASH Application.

 

1.33   “Privacy Notice” means the Privacy Notice of the Company published on the DASH Application and the Website which regulates the collection, use, and processing of the Personal Data by the Company.

 

1.34   “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 vehicle is reasonably high.

 

1.35   “Rental Fees” means the rental fee payable by the Customer to the Company for the Vehicle (including any add-ons offered by the Company which was selected by the Customer) and where the Vehicle belongs to an individual and is not listed on the TREVO mobile application, the Company has the right to determine the rental fee payable for the Vehicle based on the rental fee payable for the Vehicle (or similar vehicles) listed on the SOCAR or TREVO mobile application, whichever is higher.

 

1.36   “Service Period” means the period of time when the Dasher is operating a Vehicle for the purposes of providing the Services.

 

1.37   “Services” means SOCAR+, SOCAR2U, TREVO Custodian, Buddy Driver or any other services to be offered by the Company from time to time.

 

1.38   “SOCAR2U” or “TREVO Custodian” means an optional service provided by the Company to the Member whereby the Company via the Dasher will deliver/pick up the Vehicle to/from any location set by the Member when making a reservation if the Member opts for this service.

 

1.39    “SOCAR+” means an optional service provided by the Company to its Members whereby a driver (known as ‘Dasher’) will be provided when a Member rents a Vehicle and opts for the provision of Dasher to operate the Vehicle.

 

1.40    “Terms of Use” means the Website and Application Terms of Use published on the DASH Application and the Website which sets out the terms and conditions for anyone who uses the DASH Application and/or the Website.

 

1.41    “Vehicle” means either a motor vehicle reserved by a Member through the TREVO mobile application or the SOCAR mobile application and rented by the Company to the Member, where applicable, or a motor vehicle belonging to a Customer (as the case may be).

 

1.42    “Website” means the site of https://www.dashnow.my/ operated by the Company.

 

Article 2. Purpose

 

2.1    These DASH Terms constitute a legally binding agreement between the Dasher and the Company.​

​​​​​

2.2    The purpose of these DASH Terms is to set out the rights, obligations, and other necessary matters between the Dasher and the Company, and the procedures for the use of the DASH Service, the DASH Application, and the Website.

 

2.3    The Company publishes these DASH Terms on the DASH Application and the Website so that it is accessible by the Dasher.

 

2.4    The Terms of Use and the Privacy Notice, which are available on the DASH Application and/or the Website, shall form part of these DASH Terms.

 

2.5    The Company may from time to time designate other applicable terms, guidelines and policies which shall also be deemed to form part of these DASH Terms.

 

Article 3. Amendment to These DASH Terms

 

3.1    Any amendments, additions, revisions, replacements, modifications, and removal of these DASH Terms will be published from time to time on the Website and/or the DASH Application. The Dasher shall check the Website and/or the DASH Application from time to time to ensure that the Dasher is aware of the latest DASH Terms. The latest DASH Terms will replace any older versions of the DASH Terms and shall take effect as soon as the latest DASH Terms are published on the Website and/or the DASH Application.

 

3.2    The Company, in its sole discretion but not under any obligation, may notify the Dasher with regard to any amendments of these DASH Terms via the e-mail address provided by the Dasher during Account registration, if such amendments are deemed to be significant by the Company.

 

3.3    Continued use of the Account or the DASH Service, 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 Dasher of the amended DASH Terms.

 

3.4    For the avoidance of doubt, the Company shall not be responsible for ensuring that the Dasher is aware of any amendments to these DASH Terms.

 

3.5    Should the Dasher disagree with any amendments to these DASH Terms, the Dasher shall not continue using the Account and the DASH Service and shall notify the Company to terminate the Dasher’s Account immediately.

 

Article 4. The DASH Service

 

4.1    The Company acts as an intermediary between the Dashers and the Members whereby upon the Company receiving any reservations from the Members who request for the Services, the Company will channel such requests to the Dashers through the DASH Application (“DASH Service”) in order for the Dashers to accept or reject the requests.

 

4.2    The responsibility for the provision of the Services to the Member lies with the Dasher. The responsibilities of the Company are therefore limited to providing the relevant information to the Dasher in order for the Dasher to provide the Services to the Members.

 

Article 5. Relationship between the Company and the Dasher

 

5.1    The Dasher is not an employee of the Company and the Company is not an employer of the Dasher. The Dasher pays the DASH Fee to the Company in order to use the Company’s technology platform namely the DASH Application to make himself available for providing the Services to the Members in exchange for the Fees. Therefore, the Company has no responsibility to provide any employment benefits to the Dasher including but not limited to salary, contributions to the employees provident fund and the social security fund, and insurance.

 

5.2    The Company will not be responsible for any dealings between the Dasher and the Member and between the Dasher and the Affiliated Company that the Dasher is attached to (if any).

 

5.3    The Dasher is not authorised to enter into or commit the Company to any agreements and the Dasher shall not represent himself as an agent or a legal representative of the Company.

 

Article 6. The DASH Application and Account

 

6.1    The DASH Application

 

The DASH Application is a platform which enables the Dasher to accept or reject any Jobs. The DASH Application also provides the necessary information which are required for the Dasher to perform the Services such as the Designated Location, the Service Period and the location to pick up and drop off the Customer or the Vehicle.

 

6.2    Creation of Account

 

6.2.1   To use the DASH Service, the Applicant shall first become a Dasher by registering for a valid and active Account either on the DASH Application downloaded via iOS, Android or any other mobile operating system, or the Website, and paying the DASH Fee to the Company.

 

6.2.2   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 19 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.

 

6.2.3   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.

 

6.2.4   By registering for an Account, the Applicant represents and warrants that:

 

6.2.4.1    The Applicant has read and understood these DASH Terms;

 

6.2.4.2    The Applicant has agreed to adhere to these DASH Terms, which constitutes the Applicant’s agreement to be bound by these DASH Terms that establishes a contractual relationship between the Applicant and the Company;

 

6.2.4.3    The Applicant is legally capable of entering into a binding agreement with the Company;

 

6.2.4.4    The Applicant is not in breach of any applicable laws or third-party rights by entering into a contractual relationship with the Company;

 

6.2.4.5    The Applicant is duly authorized to enter into a legal, contractual relationship with the Company (if applicable);

 

6.2.4.6    The Applicant is at least 21 years of age;

 

6.2.4.7    The Applicant has a valid CDL;

 

6.2.4.8    The Applicant consents for the Company to conduct background checks, which may include checks on prior criminal records by itself or through any third party; 

 

6.2.4.9    The Applicant is in good physical and mental health and is fully capable of operating and driving a motor vehicle;  and

 

6.2.4.10  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.

 

6.2.5   The Dasher shall immediately report to the Company if there is any change to any of the representations and warranties contained in these DASH Terms.

 

6.2.6   The Company reserves the right to decline the Applicant’s application in any of the circumstances below:

 

6.2.6.1    If the Applicant is a former Dasher, and the former Account of the Applicant was terminated or suspended for any reasons whatsoever, and the Applicant has not obtained the written approval from the Company for the Dasher’s Account to be reinstated;

 

6.2.6.2    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;

 

6.2.6.3    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;

 

6.2.6.4    If the Applicant has provided false information;

 

6.2.6.5    If the Applicant is under the age of 21;

 

6.2.6.6    If the Applicant does not have a valid CDL;

 

6.2.6.7    If the Applicant is in breach of any of the provisions under these DASH Terms;

 

6.2.6.8    If the Applicant has been denied coverage by any motor vehicle insurances;

 

6.2.6.9    If the Applicant has any previous criminal record or fails the Company’s background checks; and/or

 

6.2.6.10  If the Company in its own judgment believes that the Applicant should not be a Dasher for any reason whatsoever.

 

Notwithstanding the above, the Company is not under any obligation to provide any reason for declining an application.

 

6.2.8   The Applicant will become a Dasher when the Account application process is approved and completed and the Applicant has paid the DASH Fee, upon which the contractual relationship between the Dasher and the Company commences.

 

6.2.9   The Dasher is responsible for keeping his username, password and login details secure, and for preventing unauthorized access to his Account. The Dasher 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 Dasher.

 

6.2.10  If the Dasher becomes aware of any unauthorized use of his Account and/or any theft of his username and/or password by a third party, the Dasher shall immediately notify the Company and follow the instructions of the Company.

 

6.2.11  The Company shall not be liable for any damages suffered by the Dasher as a result of the Dasher’s violation of these DASH Terms.

 

6.3    Termination or Suspension of Account

 

6.3.1   The Dasher may request to terminate his Account at any time by providing a notice to the Company either by email, via the in-app messaging function in the DASH Application, or any method provided for on the Website, and the Company shall immediately terminate the Dasher’s Account upon payment of any monies or penalties due to the Company.

 

6.3.2   The Company may, on its sole discretion and without any prior notice to the Dasher, suspend or terminate the Account upon occurrence of any of the events listed below:

 

6.3.2.1    The Dasher violates any applicable road traffic laws and regulations;

 

6.3.2.2    The Dasher uses the DASH Service, the Vehicle and/or the Account for any unlawful purpose;

 

6.3.2.3    The Dasher operates the Vehicle exceeding the speed limit as may be imposed by the relevant authority for the given road;

 

6.3.2.4    The Dasher misuses, abuses and/or manipulates his Account for fraudulent purposes which includes but not limited to misuse of the Account, sharing the usage of the Account for monetary or non-monetary with multiple individuals, and/or abuse of promotions/coupons/discounts provided by the Company;

 

6.3.2.5    The Dasher operates the Vehicle while under the influence of Intoxicants;

 

6.3.2.6    The Dasher is discovered to have submitted Claims that are deemed fraudulent or not consistent with the receipts submitted;

 

6.3.2.7    The Dasher litters/throws garbage on the street from the Vehicle;

 

6.3.2.8    The Dasher breaches any of these DASH Terms, and if such breach is capable of remedy, the Dasher fails to remedy the breach within the time stipulated after receiving notice from the Company;

 

6.3.2.9    The Dasher fails to fulfil any obligation or duty under these DASH Terms within the stipulated due date;

 

6.3.2.10   When any of the Dasher's information is found to be false or incorrect without any valid reason provided to the Company;

 

6.3.2.11   When the Dasher’s CDL is or becomes suspended or invalid;

 

6.3.2.12   When the Dasher fails to comply with the instructions given by the Company and/or the Customer including but not limited to the Dasher failing to comply with the dress code set by the Company and the Dasher failing to contact the Customer prior to arriving at the pick up/drop off point to pick up the Member or drop off the Vehicle;

 

6.3.2.13   The Dasher causes damage to the Vehicle due to mishandling; 

 

6.3.2.14   The Dasher has a history of causing damage to the Vehicle;

 

6.3.2.15   The Dasher does anything which damages the goodwill or reputation of the Company;

 

6.3.2.16   The Dasher misuses any information obtained through the DASH Service;

 

6.3.2.17   The Dasher fails to pay any penalties and/or any sums that he may owe to the Company;

 

6.3.2.18   The Dasher causes a traffic accident;

 

6.3.2.19   The Dasher operates the Vehicle in a manner which will cause damage to the Vehicle;

 

6.3.2.20   The Dasher tampers with, modifies, removes, dismantles and/or uninstalls any devices and/or items and/or accessories installed/placed in/on the Vehicle by the Company including but not limited to any Company’s stickers or any vehicle related documents;

 

6.3.2.21   The Dasher uses the Vehicle for other purposes not relating to the Services which may include use for personal purposes during the performance of the Service;

 

6.3.2.22   The Dasher leaves/abandons the Vehicle in a Prohibited Area;

 

6.3.2.23   The Dasher leaves/abandons the Vehicle in a way that exposes the Vehicle to potential damage or theft including but not limited to leaving the headlights of the Vehicle on, leaving the door unlocked and/or not winding up the window(s) of the Vehicle and/or draining the Vehicle battery;

 

6.3.2.24   The Dasher leaves/abandons the Vehicle unattended prior to the arrival of the Company’s recovery team after the Vehicle is met with an accident or has broken down;

 

6.3.2.25   The Dasher leaves the Vehicle littered with garbage and for Services not using the Customer’s Vehicle, including those left by the Customers;

 

6.3.2.26   The Dasher leaves the Vehicle with less than half fuel upon completing the Services;

 

6.3.2.27   The Dasher leaves the Vehicle with the low-fuel-level warning indicator flashing;

 

6.3.2.28   The Dasher losses or causes damage to any other Company asset(s) such as Vehicle keys and/or parking access card that is assigned to the Dasher which enable the Dasher to perform the Services;

 

6.3.2.29   The Dasher accepts multiple Jobs that cannot be completed within the stipulated time period;

 

6.3.2.30   The Dasher fails to show up for the Accepted Job or where he has shown up for the Accepted Job, he failed to complete the Accepted Job to the entirety of the full job duration;

 

6.3.2.31   The Dasher cancels an Accepted Job without a valid reason;

 

6.3.2.32   The Dasher fails to upload clear inspection photos of the Vehicle (covering all four sides of the exterior of the Vehicle and odometer where applicable) before collecting the Vehicle prior to commencing the Services and before returning the Vehicle prior to completing the Services;

 

6.3.2.33   The Dasher cancels an Accepted Job less than 60 minutes prior to the start of the Service Period;

 

6.3.2.34   The Dasher fails to arrive at the pickup and/or dropoff location on time at the specified pick up and/or drop off  time without valid reason;

 

6.3.2.35   The Dasher marks the Accepted Job as completed when it is not completed or when the Dasher consistently fails to mark the Accepted Job(s) as completed, when it is completed;   

 

6.3.2.36   The Dasher fails to deliver/return the car to the Designated Location as stated in the Dash Application;

 

6.3.2.37   The Dasher fails to perform Customer’s identity verification where required;

 

6.3.2.38   The Dasher fails to accurately and in a timely manner update the status of each Accepted Job on Dash Application;

 

6.3.2.39   The Dasher smokes cigarette or e-cigarette inside the Vehicle;

 

6.3.2.40   The Dasher brings someone other than the Customer(s) and/or the Passenger(s) onboard the Vehicle during performance of the Services;

 

6.3.2.41   The Dasher does not follow/breaches any other guidelines that were shared by the Company during the Dasher training/onboarding;

 

6.3.2.42   The Dasher threatens, annoys, abuses or harasses the Customer(s)  and/or the Passengers before, while or after providing the Services including but not limited to requesting the Customer to cancel their reservation in order to get compensation from the Company or seeking additional tips, monies or charges directly from the Customer(s) excluding any petrol, parking or toll charges required to be paid by the Customer(s) pursuant to any Buddy Driver bookings ;

 

6.3.2.43   The Dasher threatens, annoys, abuses or harasses the Dash Team and/or other Dashers;

 

6.3.2.44   The Dasher takes a Job or Accepted Job off the DASH Application by offering the Services directly to the Customer and/or the Passenger; 

 

6.3.2.45   The Dasher interferes with other Dasher’s use of the DASH Service;

 

6.3.2.46   The Dasher fails to answer calls or responds to messages from Dash Team;

 

6.3.2.47   The Dasher fails to report any damages to the Vehicle and/or any accidents involving the Vehicle;

 

6.3.2.48   The Dasher fails to report any lost/stolen Vehicle or a break-in of a Vehicle;

 

6.3.2.49   The Dasher fails to make a police report within 24 hours when he is involved in a traffic accident with the Vehicle and pursuant to consultation with the Dash Team;

 

6.3.2.50   The Company receives multiple complaints from the Customers and/or the Passengers against the Dasher; 

 

6.3.2.51   The Dasher does any act which the Company is of the view that suspension or termination of the Account is fit and necessary; and/or

 

* In addition to termination or suspension of account, the Company may also impose penalties as stipulated in Appendix I below

 

6.3.3   The Dasher may file an appeal in accordance with the procedures established by the Company against any termination or suspension of the Account.

 

6.3.4   The Account may be suspended or terminated at the discretion of the Company on the date of death or incapacitation of the Dasher, if brought to the Company’s attention.

 

6.3.5   Voluntary termination of Account will subject the Dasher to a 3-month restriction period from re-application of a new Account, unless written approval of the Company to waive the restriction period is obtained by the Dasher.

 

6.4    Access to the Account by the Company

 

The Dasher acknowledges, consents and agrees that the Company may access, preserve and/or disclose the information contained in the Account if it is necessary to:

 

6.4.1   comply with any laws and regulations;

 

6.4.2   comply with any legal processes;

 

6.4.3   enforce these DASH Terms;

 

6.4.4   respond to any claims brought by any person;

 

6.4.5   respond to the Dasher’s requests; and/or

 

6.4.6   protect the rights, property and personal safety of the Company, the Customer, the Passenger, other Dashers and/or the public.

 

6.5    Notice to Dashers

 

Unless otherwise stipulated under these DASH Terms, any notices by the Company shall be given to the Dasher via:

 

6.5.1    e-mail;

 

6.5.2    written correspondence to the address provided by the Dasher;

 

6.5.3    in-app messaging function in the DASH Application;

 

6.5.4    publishing on the Website; and/or

 

6.5.5    text message to the Dasher’s registered telephone number.

 

6.6    Dasher’s Obligations

 

6.6.1   The Dasher shall:

 

6.6.1.1    not do anything to breach, circumvent or contravene these DASH Terms;

 

6.6.1.2    not commit or encourage any criminal offence;

 

6.6.1.3    not commit or encourage any fraudulent act;

 

6.6.1.4    not corrupt, exploit, mine, or steal information from the Website and/or the DASH Application;

 

6.6.1.5    not conduct any unauthorized modification, alteration, or deletion of the DASH Service;

 

6.6.1.6    not send or post any irrelevant, illegal, or otherwise objectionable content or information (such as computer programs and advertisements) on the Website and/or through the DASH Application;

 

6.6.1.7    not infringe the intellectual property rights of the Company and/or the Affiliated Companies;

 

6.6.1.8    not carry out any acts that may damage the reputation and goodwill of the Company and/or the Affiliated Companies;

 

6.6.1.9    not enter into any contract with any other Dashers, the Customer or the Passenger;

 

6.6.1.10   not use the information provided to the Dasher for the purposes other than the purpose stated in these DASH Terms;

 

6.6.1.11   strictly follow the Code of Conduct and guidelines that were shared by the Company during the Dasher training/onboarding;

 

6.6.1.12   constantly review the training deck and keep abreast of the latest updates in the training deck even upon completion of the training;

 

6.6.1.13   not solicit or sell to any persons including the Customers and the Passengers other services and products during and/or after the Service Period, using the DASH Application, the Website and the information provided to the Dasher; and

 

6.6.1.14   not advertise or promote any products or services of third party or the Dasher during and/or after the Service Period, using the DASH Application, the Website and the information provided to the Dasher.

 

6.6.2   The Dasher shall at all times comply with related laws and regulations, the provisions of these DASH Terms, any independent terms and usage policies of the Affiliated Companies (if any), and any other terms, guidelines and policies that the Company may issue from time to time.

 

Article 7. Processes

 

The processes for the Services are as follows:

 

7.1    When the Company receives a reservation of a Vehicle and a request for any of the Services, the Company will post the Job in the DASH Application;

 

7.2    Upon receiving the Job in the DASH Application, the Dasher shall check all the information provided and make a decision whether to accept or to reject the Job. Once the Job is accepted, the Dasher shall not assign the Job to any other person. If the Dasher cancels an Accepted Job, the Dasher shall pay the Company the applicable Penalty.

 

7.3    Once the Job is accepted, the Dasher will be requested to proceed to the Designated Location to collect the Vehicle.

 

7.4    When collecting the Vehicle, the Dasher shall inspect the Vehicle to ensure that the Vehicle is in a proper and good condition and no abnormality or damage.

 

7.5    If the Dasher finds any abnormalities or damages upon inspection, the Dasher shall report such abnormalities or damages to the Company by way of uploading photos of the abnormalities or damages onto the DASH Application before accepting the Vehicle or proceeding to operate the Vehicle. For services which do not involve the Customer’s Vehicle and if replacement of the Vehicles is required, the Company will then inform the Dasher whether there is any replacement Vehicle available. For services that involve the Customer’s Vehicle, the Dasher is not obliged but is encouraged to upload photos of any abnormalities or damages onto the DASH Application before proceeding to operate the Vehicle failing which the Company will not be liable or responsible in the event that the Customer reports any damages on the Customer’s Vehicle.

 

7.6    If a replacement Vehicle is available, the Dasher will be requested to go to the location where the replacement Vehicle is located and repeat the steps stated in Articles 7.4 and 7.5 above. If a replacement Vehicle is not available, the Company will cancel the reservation made by the Member (where applicable).

 

7.7    Once the Dasher completes the inspection and confirms that there is no abnormality or damage with the Vehicle, the Dasher shall drive the Vehicle to the pick up/drop off point to pick up the Member or drop off the Vehicle. The Dasher shall reach the pick up/drop off point on or before the start of the Service Period. If the Dasher thinks that he is likely to reach the pick up/drop off point after the start of the Service Period, he shall inform the Customer regarding his late arrival. If the Dasher fails to inform the Customer regarding his late arrival and the Company receives a complaint regarding the Dasher’s late arrival, the Dasher shall pay the Company the Penalty (where applicable).

 

7.8    Upon completion of the Services, the Dasher shall pick up (where required) and return the Vehicle to the Designated Location and inspect the Vehicle. Thereafter, the Dasher shall lock the Vehicle and where required return the car keys to the Customer. The Dasher is also required to upload photos of each sides of the Vehicle (front, back, left and right) onto the DASH Application failing which the Company may impose a Penalty and if there is any damage to the Vehicle, the damage is presumed to be caused by the Dasher (where applicable).

 

7.9    The Company will then check the Vehicle and whether there are any extra charges to be paid by the Customer (where applicable). 

 

7.10   The Dasher will be paid the Fees pursuant to Article 8 below.

 

Article 8. Payment and Fees

 

8.1    Upon registration of an Account, the Dasher is required to provide his own bank account details for the purposes of receiving the Fees from the Company which details should reflect the name of the Dasher as indicated in the Dasher’s national identity card. 

 

8.2    Subject to Article 8.3 below, the Dasher will be paid the Fees as shown in the DASH Application within 7 working days after the Vehicle is delivered/returned to the Designated Location and inspection of the Vehicle is completed. In the event that the Job is cancelled due to any of the reasons stated below, the Dasher will be paid the Compensation:

 

8.2.1    when the Customer cancels the reservation after the Vehicle has been unlocked/collected by the Dasher at the Designated Location or when the Dasher has reached the Designated Location; or

 

8.2.2    when no other Vehicle is available for replacement.

 

For the avoidance of doubt, save and except as provided in this Article, the Compensation will not be given in any other situation including when the Dasher rejects a Job. 

 

8.2A  Where the Dasher wishes to dispute the Fees, Incentive, Compensation and/or Claims paid, the Dasher shall within seven (7) days from the Payment Date reach out to the Company via email at hello@dashnow.my  or the in-app messaging function within the DASH Application, failing which the Company is not required to entertain any dispute from the Dasher pertaining to the Fees. 

 

8.3    The Company reserves the right to withhold payment of the Fees, Incentive and/or the Compensation whether in full or in part if any of the following events occurs:

 

8.3.1    if the Dasher breaches any laws and regulations including any traffic offences;

 

8.3.2    if the Dasher intentionally damages the Vehicle;

 

8.3.3    if the bank account details does not match with the details of the Dasher which were provided by the Dasher upon registration of his Account;

 

8.3.4    if the Dasher does not follow the guidelines that were shared by the Company during the Dasher training/onboarding;

 

8.3.5    if the Dasher breaches any of these DASH Terms; and/or

 

8.3.6    if the Dasher owes the Company any penalties or other sums.

 

8.4    The Dasher shall be liable for any fines imposed by the relevant authorities for breaching any laws and regulations. In addition to the fines imposed by the relevant authorities, the Dasher shall also be liable for the penalties listed in Appendix I and the Company may in its sole discretion terminate or suspend the Dasher’s Account as the Company deems fit:

 

8.5    For any dispute of penalties imposed, the Dasher shall notify the Company in writing within seven (7) days from the date when the Dasher is notified of such penalties; failure to do so shall result in the waiver by the Dasher of any claim relating to any such disputed penalties.

 

8.6    The Dasher shall be responsible for submitting any income taxes that may be charged by the relevant authorities for the income that the Dasher may earn from providing the Services through the DASH Service.

 

Article 9. Damage to Vehicle and Loss of Use

 

9.1    Notwithstanding any provisions to the contrary, the Dasher shall indemnify and compensate the Company for any loss of revenue or loss of use of the Vehicle damaged by the Dasher, in addition to any damage to the Vehicle or Vehicle keys caused by any act, negligence or omission of the Dasher. The damages payable to the Company for damage to the Vehicle and/or its keys shall be the actual amount required to repair the damage to the Vehicle and/or its keys in addition to any applicable Penalties. Any damage to the returned Vehicle shall be presumed to be caused by the Dasher unless the Company has been alerted of such damage before acceptance of the Vehicle by the Dasher by way of uploading photos of the damage onto the Application before the start of the Rental Period. Any loss of revenue or loss of use of the Vehicle damaged by the Dasher shall be calculated by using the formula stated in Appendix I.

 

9.2    The Dasher 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 Dasher.

 

9.3    Intentionally Deleted.

 

9.4    Intentionally Deleted.

 

For Buddy Driver

 

9.5    If the Dasher is involved in a traffic accident while operating the Customer’s Vehicle, and the Dasher is deemed at fault following a police investigation or the Company’s internal investigation, the Dasher shall be liable for the full costs of the damage that is not covered under the insurance insured for the Customer’s Vehicle. However, if the Customer fails to insure the Customer’s Vehicle with comprehensive type of coverage including coverage for “all drivers”, the Dasher will not be liable for the costs of the damage.

 

9.6    Upon occurrence of a traffic accident involving the Customer’s Vehicle, the Dasher shall make a police report if requested by the Customer and provide all necessary assistance to the Customer in order for the Customer to make a claim on the Customer’s Vehicle insurance.

 

9.7    Theft Liability

 

For SOCAR2U, SOCAR+ and TREVO Custodian

 

If the entire or part(s) of the Vehicle is stolen during the Service Period or during the time the Vehicle is in the Dasher’s possession, the Dasher 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.

 

For Buddy Driver

 

If the entire or part(s) of the Customer’s Vehicle is stolen during the Service Period or during the time the Customer’s Vehicle is in the Dasher’s possession and the theft is due to the fault or negligent of the Dasher, the Dasher shall be liable for the full costs of replacing the stolen Customer’s Vehicle or part(s) stolen from the Customer’s Vehicle that is not covered under the insurance insured for the Customer’s Vehicle.

 

9.8    Emergency Roadside Service (“ERS”)

 

9.8.1    In case of a Vehicle breakdown, the Dasher must immediately contact the Company to provide ERS. For Buddy Driver, the Dasher is not obliged to contact the Company to provide ERS but the Dasher should notify the DASH Team of the breakdown.

 

9.8.2    If the Dasher requests for ERS due to a breakdown of the Vehicle caused by any act or omission of the Dasher, the Dasher shall pay the applicable costs and the Company shall impose the applicable Penalty.

 

9.8.3    Specifically for Buddy Driver, the Dasher may request for ERS if the insurance for the Customer’s Vehicle does not have such service or has limited coverage for such service and the Dasher shall pay the applicable costs for requesting for ERS. However, if the Dasher is able to prove that the request for ERS is due to the Customer’s failure to maintain the Customer’s Vehicle properly, the ERS costs will be charged to the Customer.

 

Article 10. Use of Vehicle by the Dasher

 

10.1    The Dasher hereby acknowledges and agrees that the Vehicle is the property of the Company or of some other person which the Company has obtained the relevant consent and permission to the use of the Vehicle for the provision of the Services and the use of the Vehicle is strictly limited to the purpose stated in these DASH Terms.

 

10.2    To operate the Vehicle:

 

10.2.1    The Dasher shall have a valid CDL and it is the Dasher’s obligation to inform the Company of any changes in the status of the Dasher’s CDL;

 

10.2.2    The Dasher 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 Dasher’s ability to operate the Vehicle in a safe and proper manner;

 

10.2.3    The Dasher shall not be under the influence of Intoxicants;

 

10.2.4    The Dasher shall not have been convicted at any time during the past 5 years for any traffic offences (in any jurisdiction), and it is the Dasher’s obligation to inform the Company of any such event;

 

10.2.5    The Dasher 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 Dasher’s obligation to inform the Company of any such event;

 

10.2.6    The Dasher shall not have breached these DASH Terms; and

 

10.2.7    The Dasher shall operate the Vehicle in a responsible and safe manner.

 

Article 11. Management of Vehicle

 

11.1    The Dasher’s obligations while operating the Vehicle for SOCAR2U, SOCAR+ and TREVO Custodian are:

 

11.1.1    The Dasher 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 warning lights.

 

11.1.2    The Dasher 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 Dasher removing such parts, the Dasher 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 Dasher should notify the Company immediately.

 

11.1.3    The Dasher shall notify the Company immediately if the Vehicle is involved in any accidents, even if the Vehicle does not appear to be damaged.

 

11.1.4    The Dasher shall not replace or remove any parts of the Vehicle without prior approval of the Company.

 

11.1.5    The Dasher acknowledges and agrees that Vehicle keys shall form part of the Vehicle and in the event the Vehicle keys are lost/stolen/damaged while the Vehicle is in the possession of the Dasher, the Dasher shall be liable for the entire cost of the replacement or repair of the Vehicle keys.

 

11.1.6    If the Dasher fails to notify the Company of any of the above, the Dasher shall be liable to pay the relevant penalties as set out in Appendix I.

 

11.2    Vehicle Management and Expenses:

 

11.2.1    The Dasher shall not carry out any maintenance or repair works on the Vehicle, except with prior approval of the Company.

 

11.2.2    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 Dasher for the agreed costs of the maintenance or repair work.

 

11.2.3    The Dasher shall submit receipts proving the costs incurred for the maintenance or repairs of the Vehicle within 7 days from the date any such costs are incurred, failing which the Company shall not be liable to reimburse the Member.

  

11.3    While operating the Customer’s Vehicle for Buddy Driver,

 

11.3.1    The Dasher shall immediately notify the Customer of all signs of a possible breakdown or parts failure of the Customer’s Vehicle, whether or not such signs are indicated by warning lights. The Dasher shall not carry out or attempt to carry out any maintenance or repair works on the Customer’s Vehicle without the consent of the Customer failing which the Dasher shall be liable for any loss or damage that may be suffered by the Customer as a result of such maintenance or repair works. If a towing service is required, the Dasher shall not request for a towing service on his own and he shall request the Customer to do so unless the insurance for the Customer’s Vehicle does not have such service or has limited coverage for such service and the Dasher shall pay the applicable costs for requesting for ERS. However, if the Dasher is able to prove that the request for ERS is due to the Customer’s failure to maintain the Customer’s Vehicle properly, the ERS costs will be charged to the Customer.

 

11.3.2    The Dasher acknowledges and agrees that Customer’s Vehicle keys shall form part of the Customer’s Vehicle and in the event such keys are lost/stolen/damaged while the keys are in the possession of the Dasher, the Dasher shall be liable for the entire cost of the replacement or repair of the Customer’s Vehicle keys.

 

Article 12. Refuel, Parking Fees and Toll Charges

 

12.1    Refuel 

 

For SOCAR+ and SOCAR2U

 

12.1.1    When returning the Vehicle, the fuel tank shall be filled to the required level as stated in Appendix I, failing which the Company shall impose a Penalty.

 

12.1.2    The Dasher shall only refuel the Vehicle with the appropriate type of fuel as indicated on the Vehicle or informed to the Dasher by the Company failing which, the Dasher shall be liable for all costs and damages that may be suffered by the Company.

 

12.1.3    The Dasher will be required to refuel with his own cash or any other payment methods. Thereafter, the Dasher shall submit the Claims herein pursuant to Clause 13A.1 below, failing which the Company shall not be liable to reimburse the Driver.

 

For TREVO Custodian

 

12.1.4    The Dasher is not required to refuel the Vehicle when returning the Vehicle.

 

For Buddy Driver

 

12.1.5    All petrol consumption shall be borne by the Customer and the Dasher may request the Customer to make the necessary payment as and when it is required during the Service Period. The Dasher is not allowed to claim for any petrol consumption for providing Buddy Driver.

 

12.2    Parking Fees 

 

For SOCAR+, SOCAR2U and TREVO Custodian

 

12.2.1    The Dasher will be required to use his own cash to pay for the parking fees incurred during the Rental Period or during the pick up and/or drop off of the Vehicle. Thereafter, the Dasher shall submit the Claims stated herein pursuant to Clause 13A.1 via the in-app messaging function in the DASH Application, failing which the Company shall not be liable to reimburse the Dasher.

 

12.2.2    Notwithstanding Article 12.2.1, a parking card may be provided for selected locations which require a parking card to exit. The Dasher is required to return the parking card in the same place once he has entered or exited the Vehicle. If the Dasher loses the parking card, the applicable Penalty will be imposed.

 

For Buddy Driver

 

12.2.3    All parking fees shall be borne by the Customer and the Dasher may request the Customer to make the necessary payment as and when it is required during the Service Period. The Dasher is not allowed to claim for any parking fees for providing Buddy Driver.

 

12.3    Toll Charges

 

For SOCAR+, SOCAR2U and TREVO Custodian

 

12.3.1    The Dasher will be required to use his own cash or other payment methods to pay for the toll charges incurred during the Rental Period or during the pick up and/or drop off of the Vehicle. Thereafter, the Dasher shall submit the Claims stated herein pursuant to Clause 13A.1 via email or the in-app messaging function in the DASH Application, failing which the Company shall not be liable to reimburse the Dasher.

 

For Buddy Driver

 

12.3.2    All toll charges shall be borne by the Customer and the Dasher may request the Customer to make the necessary payment as and when it is required during the Service Period. The Dasher is not allowed to claim for any toll charges for providing Buddy Driver.

 

Article 13. Vehicle Consumables (for SOCAR+ and SOCAR2U)

 

13.1    The Dasher may purchase or replace the consumables of the Vehicle as stated below if necessary:

 

13.1.1    car wipers;

 

13.1.2    car light bulbs;

 

13.1.3    window washer fluid; and

 

13.1.4    other parts and consumables.

 

13.2    The Dasher may be reimbursed for the cost of replacing such consumables, subject to this Article.

 

13.3    If there is a need to replace any consumables, the Dasher shall first obtain the prior approval from the Company. The receipts for such cost shall be submitted to the Company within 7 days from the end of the Service Period, failing which the Dasher shall not be reimbursed.

 

Article 13A Reimbursement of Claims and Dispute or Appeal

 

13A.1   Notwithstanding any provisions to the contrary, the Dasher is required to submit all receipts, invoices or any similar proof of Claims incurred by the Dasher to the Company within 7 days from the end of the Service Period for any reimbursement of cost incurred by the Dasher, failing which the Company is not required to reimburse the Dasher. 

 

13A.2   The Company reserves the right to deny reimbursement to the Dasher, where the Dasher has not obtained the Company’s prior approval (where applicable) to incur such cost and  if such costs are deemed by the Company to be unnecessary, not genuine, or for other reasonable justifications.

 

13A.3   Where the Dasher wishes to appeal against the reimbursement of Claims that has been rejected by the Company, the Dasher will need to resubmit the Claims and/or Compensation with further supporting documents for the Company’s re-consideration within 7 days from the last notification by the Company. 

 

13A.4   Where the Dasher wishes to appeal against the Penalty or Incentive, the Dasher will need to submit the appeal with further supporting documents for the Company’s re-consideration within 7 days from the last notification by the Company. 

13A.5   For all disputes or appeals submitted by the Dasher, the Dasher agrees and acknowledges that the Company’s decision in relation to all dispute and appeal matters are deemed final and no further correspondence, appeal nor complaint from the Dasher shall be entertained.

 

Article 14. Prohibition of Use of Vehicle

 

14.1    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.

 

14.2    The Vehicle shall not be used for the purposes below:

 

14.2.1    for any illegal or unlawful purposes;

 

14.2.2    for any morally-objectionable purposes;

 

14.2.3    in contravention of these DASH Terms;

 

14.2.4    in a manner which will cause damage to the Vehicle;

 

14.2.5    to be driven to a place outside of Malaysia; and

 

14.2.6    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.

 

14.3    Furthermore, the Dasher shall:

 

14.3.1    Not smoke or use electronic cigarettes in the Vehicle;

 

14.3.2    Not forge or cover the license plate of the Vehicle;

 

14.3.3    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;

 

14.3.4    Not use the Vehicle to tow any other vehicles or heavy objects;

 

14.3.5    Not keep any drugs or illegal objects in the Vehicle;

 

14.3.6    Ensure that total number of persons in the Vehicle will not exceed the maximum seating capacity of the Vehicle; and

 

14.3.7    Not allow any other person (including the Member) to operate the Vehicle.

 

14.4    In the event that the Member and/or the Passenger use the Vehicle for prohibited purposes other than the permitted use, the Dasher shall immediately report or notify the competent authorities.

 

Article 15. Violation of Laws

 

15.1    The Dasher shall be responsible for any violation of applicable laws (traffic or otherwise) while operating the Vehicle.

 

15.2    The Dasher is obliged to pay penalties, fines, etc. imposed by the authorities in full, in addition to the applicable Penalty, and shall indemnify the Company of the same.

 

15.3    The Dasher 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 and the Dasher shall indemnify the Company of such losses and damages.

 

Article 16. Collection and Return of Vehicle

 

16.1    The Dasher shall collect and drop off the Vehicle from the Designated Location. 

 

16.2    The Dasher shall pick up (where applicable) and return the Vehicle to the Designated Location immediately at the end of the Service Period failing which the Dasher will be charged a rental fee according to the rental rate of the Vehicle.

 

16.3    Notwithstanding the provisions of this Article, if the Dasher returns the Vehicle to a location other than a Designated Location, the Dasher shall immediately notify the Company through the in-app messaging function in the DASH Application.

 

16.4    If the Vehicle is returned to a Prohibited Area or a location other than a Designated Location, the Dasher shall be liable to pay the applicable Penalty.

 

16.5    When the Dasher collects the Vehicle, the Dasher shall inspect the interior and exterior of the Vehicle for any abnormalities or damages.

 

16.6    The Dasher must notify the Company of any abnormalities or damages to the Vehicle before proceeding to pick up the Member by uploading photos of the abnormalities or damages onto the DASH Applications. For TREVO Custodian and Buddy Driver, the Dasher is not obliged but is encouraged to upload photos of any abnormalities or damages of the Customer’s Vehicle onto the DASH Applications before proceeding to operate the Vehicle failing which the Company will not be liable or responsible if the Customer reports any damage on the Customer’s Vehicle.

 

16.7    Failure of the Dasher to notify the Company of any abnormalities or damages to the Vehicle will be deemed as an acceptance and confirmation by the Dasher that there is no abnormality or damage to the Vehicle and the Dasher 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 the applicable Penalty  for failing to upload photos of any abnormalities or damages onto the Application.

 

16.8    When returning the Vehicle, the parking card shall be placed in the designated place in the Vehicle (where applicable) and the Dasher shall upload photos of each sides of the Vehicle (front, back, left and right) onto the Applications. If the Dasher fails to upload photos of the Vehicle, the Company reserves the right to impose a Penalty  and if there is any damage to the Vehicle, the damage is presumed to be caused by the Dasher. For TREVO Custodian and Buddy Driver, the Dasher is not obliged but is encouraged to upload photos of any abnormalities or damages of the Customer’s Vehicle onto the DASH Applications before proceeding to operate the Vehicle failing which the Company will not be liable or responsible if the Customer reports any damage on the Customer’s Vehicle.

 

16.9    For SOCAR+ and SOCAR2U, after returning the Vehicle to the Designated Location, the Dasher shall press both the “Lock the Door” and “Vehicle Return Button” in the DASH Application, failing which the Dasher shall be liable to pay any penalties imposed by the Company as stated in Appendix I (Other Fees).

 

16.10   The Dasher shall return the Vehicle in its original condition as confirmed at the beginning of the Service Period, with exception for fair wear and tear occasioning from normal and reasonable use.

 

Article 17. Extension

 

17.1    The Dasher may request for an extension of the Rental Period or for the drop off/pick up of the Vehicle to/from the Designated Location if the provision of the Services cannot be completed within the Rental Period or the stipulated time due to emergency or circumstances that are not within the control of the Member and the Dasher such as unusual traffic congestion and flash flood. The Dasher shall submit a request for extension of the Rental Period or the drop off/pick up of the Vehicle through the in-app messaging function in the DASH Application (“Extension Request”).

 

17.2    If an Extension Request is accepted, the Dasher shall continue to provide the Services until the end of the extended Service Period or the stipulated time and the Dasher will be paid an extra Fees only for the extended Service Period as shown in the DASH Application.

 

17.3    For Buddy Driver, The Customer may request to extend the Service Period and if such request is made, the Dasher will be informed of such request. Upon receiving such request, the Dasher shall inform the Company whether he is able to continue providing the Services for the extended Service Period. If the Dasher accepts the request, he shall continue to provide the Services until the end of the extended Service Period and the Dasher will be paid an extra Fees only for the extended Service Period as shown in the DASH Application.

 

Article 18. Limitation of Liability

 

18.1    If the Company cannot provide the DASH Service due to an occurrence of a Force Majeure Event, the Company shall be exempted from any obligations under these DASH Terms.

 

18.2    The Company shall not be liable for any disruption in the use of the DASH Service caused by any act or omission of the Dasher. The Dasher shall ensure that he has a compatible device and he downloads the correct software for his device.

 

18.3    All 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.

 

18.4    Without prejudice to Article 18.3, the Company’s liability (if any) shall be capped at the total Fees paid to the Dasher by the Company in the preceding 30 days of the date of the damage suffered.

 

18.5    The Company shall not be liable for any disputes between the Dasher and the Customer.

 

Article 19. Change and Suspension of DASH Service

 

19.1    The Company may change the DASH Service in cases where it is deemed that the provision of the DASH Service at its current form is no longer commercially viable or a change in the regulatory regime has rendered offering the DASH Service illegal. The Company will use reasonable efforts to notify the Dasher via email or through the DASH Application 30 days before the date when the changes are put into effect.

 

19.2    The Company may suspend the DASH Service if any of the following cases occurs:

 

19.2.1    In cases where there is a possibility of occurrence of a Force Majeure Event;

 

19.2.2    If telecommunication services are disrupted;

 

19.2.3    If the Company is undergoing repair, inspection, routine maintenance, replacement, or facing disruptions in the information and communication equipment of the Company;

 

19.2.4    If the DASH Service is provided through an Affiliated Company, such service being changed or suspended by the Affiliated Company; or

 

19.2.5    Any other reasons that impair the ability of the Company to provide the DASH Service.

 

19.3    The Company reserves the right to change, replace, or to suspend the provision of the DASH Service.

 

19.4    The Company shall not be liable to the Dasher for any disruptions in the provision of the DASH Service.

 

Article 20. Privacy Protection

 

20.1    Right to Record and Track Location

 

20.1.1    The Company reserves the right to record in video format, the operation and/or use of the Vehicle by the Dasher 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.

 

20.1.2    The Company reserves the right to track the location of the Vehicle and monitor the use of the Vehicle via the DASH Application, a location tracker or a video camera installed in the Vehicle.

 

20.1.3    The Dasher 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 Dasher through the DASH Application.

 

20.1.4    The Dasher 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 Dasher for tampering, modifying, dismantling and/or uninstalling such devices.

 

20.2    Use and Provision of Personal Information

 

20.2.1    The Company shall use personal information only in compliance with the PDPA, as set out in the Privacy Notice.

 

20.2.2    The Company shall have a security system to protect and secure information provided by the Dasher (including Personal Data and credit information), according to the Privacy Notice.

 

20.3    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 Dasher, if necessary, to deal with the handling and management of collected personal information, as set out in the Privacy Notice.

 

Article 21. Confidentiality

 

21.1    The Dasher agrees to keep confidential all information that he may receive through the DASH Application and from the DASH Service including but not limited to personal information and contact details of the Member, information regarding the Vehicle and insurance, and any other information that are confidential in nature. The Dasher is prohibited from contacting the Member outside the Rental Period or outside the pick up/drop off period unless the communication is necessary solely for the purposes relating to the provision of the Services.

 

21.2    The Dasher shall not use or disclose, in any manner or to any person, any fact or occurrence that resulted from the performance of the Services. The Dasher is prohibited from disclosing to any person any information regarding the Member that may be of a personal or confidential nature, including but not limited to personal observations which, if disclosed, would be embarrassing or humiliating, or cause any individual to be held in lower esteem in his community or the community in which the information is disclosed.

 

21.3    Notwithstanding the above, this Article does not apply where disclosure is required:

 

21.3.1    by law;

 

21.3.2    to otherwise comply with legal process;

 

21.3.3    to comply with these DASH Terms; and/or

 

21.3.4    to protect any individual from immediate risk of serious physical or financial harm.

 

21.4    If the Dasher violates this Article, the Company may, it its sole discretion and without notice:

 

21.4.1    suspend or terminate the Account;

 

21.4.2    suspend the Dasher to provide the Services for any period of time as the Company  deems fit; and/or

 

21.4.3    recover any damages related to enforcing this Article including but not limited to:

 

21.4.3.1    any amount that may be obtained if the Member were to pursue any related claim in a court of law;

 

21.4.3.2    moneys that are paid in settlement or award of a claim against the Company; and

 

21.4.3.3    any costs, expenses and legal fees.

 

21.5    This Article shall continue to apply even though the Account or the DASH Service is terminated.

 

Article 22. Indemnification

 

The Dasher 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:

 

22.1    the Dasher’s use of the DASH Service;

 

22.2    the Dasher’s dealings with the Member or with third parties;

 

22.3    the Dasher’s breach of applicable laws and regulations of Malaysia or any other country;

 

22.4    the Dasher’s breach of third-party rights including any right of privacy, publicity rights or intellectual property rights; 

 

22.5    the Dasher’s breach of any of these DASH Terms;

 

22.6    the Company’s reasonable actions taken to repossess the Vehicle; and

 

22.7    any other party’s access and use of the DASH Service with the Dasher’s unique username, password, or other appropriate security code.

 

Article 23. Anti-Bribery and Anti-Corruption

 

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 DASH Terms (together with such party, the “Party Representatives”) that for the performance of its obligations under these DASH Terms, the 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:

 

23.1    any government official in order to influence official action;

 

23.2    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

 

23.3    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.

 

 

Article 24. Repossession of the Vehicle

 

Failure to Return Vehicle

 

24.1    The Company may take any lawful actions necessary for the re-acquisition or re-possession of the Vehicle if the Dasher does not return the Vehicle to the Designated Location within 3 hours from:

 

24.1.1    the end of the Service Period or extended Service Period (as the case may be), or

 

24.1.2    the Dasher receiving a return request from the Company.

 

24.2    The Company reserves the right to contact or track the location of the Dasher who fails to return the Vehicle by any means, including via the DASH 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 address of the Dasher who fails to return the Vehicle.

 

24.3    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 Dasher and/or the Dasher 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 Dasher.

 

24.4    Notwithstanding Article 24.1.1 above, if the Company in its sole discretion is of the view that the Vehicle is being used for any illegal purpose or the Dasher is in breach of any provisions of these DASH Terms, the Company may immediately repossess the Vehicle.

 

 

 

---

 

 

DASH REFERRAL PROGRAM TERMS & CONDITIONS

 

 

This Referral Program (“Referral Program”, “Program”) is organised by SOCAR Mobility Malaysia Sdn Bhd (“Company”) wherein the Company owns and operates a platform known as the DASH Application which utilises Dashers from the DASH Application for the provision of Services. The Company is offering the opportunity for Dashers to earn monetary rewards (“Monetary Rewards”) by referring the DASH Application and its Services to their family, friends, and colleagues.

 

This Program is governed by the terms and conditions set out hereunder (“Terms and Conditions”) and by participating or upon entry of this Program, the Dashers agree to be bound by these Terms and Conditions and the terms and conditions for Services which can be accessed at https://dashnow.my/terms/en (“DASH Terms”) and shall be deemed to have given their consent for the collection of personal information and the use of such personal information shall be in accordance with the privacy notice of the DASH Application which can be accessed at https://www.dashnow.my/privacy-notice/en (“Privacy Notice”).

 

Information on how to participate in this Program forms part of these Terms and Conditions. By registering for and/or participating in this Program, it is deemed that the Dashers have accepted these Terms and Conditions, the DASH Terms, and the Privacy Notice.

 

For avoidance of doubt, all personal pronouns used in these Terms and Conditions, whether used in the masculine, feminine or neuter gender, shall include all other genders, and the singular shall include the plural and vice versa. All headings used herein are for convenience only and are of no meaning in the interpretation or effect of these Terms and Conditions.

 

 

Eligibility

 

Dashers who refer new Dashers to this Program shall be known as "Referrers" whereas the new Dashers who are referred by the Referrers shall be known as "Referees”. For the avoidance of doubt, the Referrers and the Referees shall also be collectively referred to as the “Dashers”.

 

To qualify and participate in this Program, the Referrers and the Referees must fulfill the following requirements (“Program Requirements”):-

(a) Both the Referrer and the Referee must be aged twenty-one (21) and above;
(b) Both the Referrer and the Referee must be a citizen of Malaysia;
(c) Both the Referrer and the Referee must possess a valid Malaysian Competent Driving License (CDL); 
(d) The Referee must be a new Dasher and must not be an existing Dasher; 
(e) The Referrer must be an existing Dasher with a current and valid Account (as defined in the DASH Terms) and has successfully completed his Know-Your-Customer (“KYC”) verification process; and
(f) The Referrer and the Referee are otherwise in good standing under the laws of the jurisdiction of the country in which the Services operates out of.

For avoidance of doubt, the Company reserves the final right to find any Referrer or Referee ineligible to participate in this Program at its sole discretion.

 

The Company reserves the right, at any point of time, to determine the validity of the Referrer’s Account based on, but not limited to the Account activity, the ownership of the Referrer’s Account, and any business affiliation of the Referrer’s registered email address domain on the Account.

 

Any employee of the Company, its subsidiaries, or affiliates (“Employees”) including their immediate family and household members are eligible to participate as a Referrer in this Program, subject to specific criteria that are detailed in the internal handbook for Employees. For the avoidance of doubt, the Employees who participate as Referrers in this Program shall also be collectively referred to as the “Dashers”.

 

 

How It Works

 

To be eligible for the Monetary Rewards, the Referrer shall go to the DASH Application > Account > Refer & Earn to view his own unique referral code (“Referral Code”) which the Referrer can share with his friends, colleagues, and family.  

 

The individuals who received the Referral Code from the Referrer must sign up for an Account and key in the Referral Code provided by the Referrer on the sign up page of the DASH Application. All sign-ups by the said individuals will be subject to the DASH Terms. Upon completion of the Referee’s first accepted Job (“First Job”), the Referrer may be entitled to Monetary Rewards. For the avoidance of doubt, the Referee’s First Job is considered completed when the Dasher has completed the provision of Services without incurring any Deduction throughout the performance of their First Job.
 

Referrers shall be eligible to receive a Monetary Reward of RM50.00 for every Referee who has successfully completed their First Job.

 

 

Qualified referrals

 

Upon the Referee’s completion of his First Job after signing up as a Dasher using the Referral Code provided by the Referrer, the completed First Job of his Referee shall be automatically updated in the Referrer’s Account. The Referrer may check on and track the status of their referrals under DASH Application > Account > Refer & Earn.  

 

Examples of qualified & disqualified referrals: 

Qualified referral:

1. The Referrer shall receive the Monetary Rewards upon the Referee having completed his First Job. 

 

Disqualified referral:

1. Referrers shall not receive any Monetary Rewards if the referral was done in conjunction with any campaigns and/or promotional events hosted by the Company including but not limited to any campaigns and/or promotional events hosted by the Company’s affiliates and/or subsidiaries.

2. Referees with an existing Account but have yet to complete their First Job are not eligible to participate in this Program. 

3. Referrers that have not completed their KYC verification process prior to the Referee’s completion of the Referee’s First Job. 

 

For the avoidance of doubt, the list of qualified and disqualified referrals herein is non-exhaustive and the Company shall have the final right in its sole discretion to determine the qualification of the referrals.

 

 

Conditions for Receiving Monetary Rewards

 

The Referrer shall receive Monetary Rewards for a qualified referral upon fulfilling the conditions below: 

1. The Referee must use the Referral Code of the Referrer who meets the eligibility requirements of a Referrer as contained herein (or may, from time to time, be subject to change at the final discretion of the Company).
2. If a Referee receives more than one (1) Referral Code from multiple Referrers, the Company shall only provide the Monetary Rewards to the Referrer whose Referral Code is used by the Referee for his First Job.
3. The Referee shall not combine the Referral Code with any other monetary offers, campaigns, or similar promotions offered by the Company, its affiliates, and/or its subsidiaries.
4. The Referee must have a current and valid Account and meet the eligibility requirements of a Referee as contained herein (or may from time to time subject to change and at the final discretion of the Company) at all times.

 

 

How Monetary Rewards Work

 

Awarding of any Monetary Rewards is subject to further verification to be done by the Company and shall be awarded within a specific timeframe at the discretion of the Company. The Company reserves all right to withhold any Monetary Rewards if it reasonably believes that further verification or information is required from the said Referrer or the Referee.  

 

The Company reserves the final right in its sole discretion to disqualify any Referrer (and/or to forfeit or withdraw or invalidate or deduct the Monetary Rewards from any Referrer) if the Company reasonably believes that the Referrer fails to meet the eligibility requirements contained herein, breached the DASH Terms, failed to provide complete or satisfactory information (if requested by the Company) in relation to the further verification required by the Company, undertaken fraudulent practices and/or activities or other activities harmful to this Program or to the Company, DASH Application or its Dashers or any similar requirements as may be determined by the Company in its sole discretion.

 

 

Finality of Decisions

 

The decision of the Company in relation to every aspect of this Program including but not limited to the Monetary Rewards payable to the Referrers shall be deemed final and conclusive under any circumstances and no correspondence, appeal nor complaint from any Dashers will be entertained.

 

 

Liability Release

 

The Company reserves the final right, at any point of time, in its sole discretion to amend, cancel, terminate or suspend this Program (or any part thereof) with or without any prior notice and/or assigning any reason thereto. For the avoidance of doubt, any amendment, cancellation, termination or suspension of this Program by the Company shall not entitle the Dasher to any claim or compensation against the Company and/or its affiliates, subsidiaries, directors, agents or employees for any and/or all losses or damages suffered or incurred as a direct or indirect result of such act of amendment, cancellation, termination or suspension of this Program.

 

 

Dasher’s Code of Conduct

 

The Dasher shall not violate any of these Terms and Conditions, or otherwise engage in activity that could be considered harassment toward Dasher. The Dasher agrees not to use this Program to:

1. Violate the intellectual property rights of the Company;
2. Collect or attempt to collect personal data of Dashers or potential Dashers; 
3. Engage in any activity that is designed to disrupt or undermine the fairness, integrity, or legitimacy of this Program, DASH Application or the Company;
4. Make attempts to gain unauthorized access to the software, this Program or the DASH Application for any reason;
5. Corrupt internal DASH Application's or the Company’s data for the benefit of their own or another;
6. Transmit files that contain bots, viruses, worms, Trojan horses, or any other file that could contaminate, disrupt or otherwise destroy the Company’s intellectual property and/or DASH Application, and any of its services;
7. Engage in activities deemed inappropriate or illegal by the Company’s standards;
8. Engage in behavior designed to annoy or harass any parties; and
9. Engage in activities that may discredit or dishonour the Company, its affiliates, and/or its subsidiaries, the DASH Application and any of the services offered by the Company, its affiliates, and/or its subsidiaries.

 

Where the Dasher is found to have done or attempt to use this Program or the DASH Application in violation of these Terms and Conditions herein, the Company reserves the sole right to terminate or suspend the Dasher’s Account, prohibit the Dasher from participating in this Program or any future programs or campaigns, or prohibit the Dasher from receiving any Monetary Rewards.

 

 

Reservations of Rights

 

The Company reserves the final right in its sole discretion to vary, delete or add to any of the Terms and Conditions contained herein, without any prior notice to the Dashers. 

 

For the avoidance of doubt, the Company’s failure to enforce any term of these Terms and Conditions contained herein shall not constitute a waiver of that provision.

 

The Company accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, corrupted or misdirected transaction(s) whether due to error, omission, alteration, tampering, deletion, theft, destruction or otherwise.

 

The Company, its subsidiaries, affiliates, and associated companies shall bear no responsibility for any damage, loss (including but not limited to direct, indirect, special and consequential loss or loss of profits), expense, liability, disappointment, personal injury, or death which is incurred, suffered or sustained (whether or not arising from any person’s negligence) by the Dashers in connection with this Program, the promotion of this Program, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

 

Where the capitalised terms used but not defined in these Terms and Conditions, they will have the meanings assigned to them by the DASH Terms and/or the Privacy Notice. 

 

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF THE DASHERS FROM PARTICIPATION IN THIS PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

 

 

---

 

 

APPENDIX I: PENALTY

 

 

In addition to the penalties above, the Dasher will also be liable to pay the following charges:

 

 

 

 

---

 

 

WEBSITE AND DASH APPLICATION TERMS OF USE

 

1. Introduction

 

SOCAR MOBILITY MALAYSIA SDN, BHD. (Registration No. 201701009617 (1223782-T)) including its subsidiaries and affiliates (hereinafter referred to as the “Company”) registered in Malaysia and owns and operates the Website and the DASH Application. 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 DASH Application. Your use of the Website and the DASH Application indicates your agreement to be bound by the terms and conditions stated herein.

 

2. Definitions

 

Unless otherwise stated, the capitalized words in these Terms of Use shall have the same meaning as the Terms and Conditions for DASH Service.

 

3. Acceptable Use

 

You shall use the Website and the DASH 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 the DASH Application.

 

You shall not use the Website and the DASH Application:

 

i.     to commit or encourage a criminal offence;

 

ii.    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;

 

iii.   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 the DASH Application;

 

iv.   to attempt to gain unauthorized access to the Website and the DASH Application, other Dasher’s Accounts, computer systems or networks connected to our server, or information not intentionally made available on or through the Website and the DASH Application, through hacking, password mining or any other means;

 

v.    to interfere with the proper operational integrity of the Website or the DASH Application or any other activities conducted on the Website and the DASH Application;

 

vi.   to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website and the DASH Application;

 

vii.  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 the DASH Application in any way;

 

viii. to link to, mirror, or frame any portion of the Website and the DASH Application;

 

ix.   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 the DASH Application;

 

x.    to corrupt, mine or steal any data from the Website, the DASH Application, or the other Dashers;

 

xi.   to cause annoyance to other Dashers and Members;

 

xii.  to infringe upon the rights of any other person’s proprietary rights;

 

xiii. to send any unsolicited advertising or promotional material, i.e. spam;

 

xiv. to send and/or transmit any information or material which, in our opinion, is morally objectionable; and

 

xv.  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 computer equipment, computer programs, data or other proprietary material due to your use of the Website and the DASH Application.

 

4. Updates

 

We may make updates, improvements or changes to the information, services, products and other materials on the Website and the DASH Application, or terminate the Website and the DASH 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 DASH Application. Accordingly, your continued access or use of the Website and the DASH Application is deemed to be your acceptance of the modified Terms of Use.

 

5. Links to Other Websites

 

The Website and the DASH Application may include links to other internet sites and iOS and Android applications. 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 remain 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.

 

6. Intellectual Property Rights

 

All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Website and the DASH 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 DASH 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 the DASH Application without Our written permission. Misuse of any trade mark or any other content displayed on the Website and the DASH 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.

 

7. Disclaimer and Exclusion of Liability

 

The Website and the DASH Application, the information on the Website and the DASH 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 DASH 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 DASH 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 DASH 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 OR THE DASH’S 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 OR THE DASH APPLICATION OR THE CONTENT, ANY OTHER WEBSITE ACCESSED TO OR FROM THE WEBSITE OR THE DASH 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 DASH Application and its contents, including in relation to any inaccuracies or omissions in the Website and the DASH Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

 

Notwithstanding Our efforts to ensure that the Website and the DASH 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 DASH 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 DASH 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.

 

8. Indemnity

 

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 the DASH Application or which is sent to the Company by electronic mail or your use or misuse of the Website and the DASH Application or its contents, including infringement claims.