Terms of Service

 

DriveoHost Terms of Service (ToS)

 

1.     Terms of Service (Partnership Agreement)

The following Terms of Service (“Terms” or sometimes “Agreement”) regulate your access and use of the applications, websites, content, products, and services (collectively referred to as “Services'') provided by DRIVEO and its associated entities within Malaysia as well as other territories such as Singapore, and Indonesia. Please read through these Terms carefully as they form a legally binding contractual relationship between you and DRIVEO. By accessing or using the Services, you acknowledge your acceptance of these Terms. If you disagree with these Terms, you are prohibited from accessing or using the Services. These Terms supersede any previous agreements or arrangements with you. DRIVEO reserves the right to terminate these Terms or any Services concerning you, or deny access to the Services or any part thereof, at any time for any reason. Additional terms may apply to specific Services, which will be disclosed to you separately. In case of a conflict, these supplemental terms will take precedence over the initial Terms. DRIVEO may revise the Terms periodically. Your continued access or use of the Services after such revisions signifies your acceptance of the updated Terms. If you reject any changes to these Terms, you must notify DRIVEO in writing within thirty (30) days of the change becoming effective. By rejecting changes, you agree to abide by the Terms as they were when you first accepted them. DRIVEO's collection and use of personal information in connection with the Services is outlined in DRIVEO's Privacy Statements.

2.     DriveoHost

As per the above mentioned, DRIVEO via its Services offers an integrated fleet management system and marketplace platform. These Services cultivate a vibrant ecosystem where partners of DRIVEO, encompassing both individuals and car leasing companies (now collectively termed “DriveoHost”), provide car-sharing and car with driver services to those requiring transportation to specific destinations (referred to as either “Customers”). At its core, DRIVEO fosters significant relationships with DriveoHosts, empowering them to efficiently manage their fleet of vehicles and deliver impeccable services to our Customers through the DRIVEO platform.

3.     Seeking Dispute Resolution with DRIVEO on an Individual Basis

By accepting these Terms, you agree to resolve any disputes with DRIVEO through communicated means and mediation that are set forth on an individual basis, as detailed in this Agreement. Consequently, the Agreement hereby prohibits you from initiating or participating in any class, collective, or representative legal action against DRIVEO whatsoever.

4.     Description of Services

The Services include web applications and related services that allow Customers to arrange and schedule transportation, logistics, and/or delivery services with DriveoHosts and third-party providers affiliated with DRIVEO. In some cases, the Services may also offer an option to receive these services for a fixed price, subject to acceptance by the respective DriveoHosts. Unless otherwise agreed by DRIVEO in writing, the Services are intended solely for your personal, non-commercial use. DRIVEO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications and any related content, information, and materials, provided you comply with these Terms. All rights not explicitly granted are reserved by DRIVEO and its licensors.

4.1 Restrictions

You are prohibited from removing any proprietary notices from any part of the Services; reproducing, modifying, distributing, licensing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or exploiting the Services in any way not expressly permitted by DRIVEO; decompiling, reverse engineering or disassembling the Services; linking to, mirroring or framing any part of the Services; launching any programs or scripts for data mining or hindering the operation and/or functionality of the Services; or attempting to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

4.2 Service Provision

We wish to inform you that our services are offered under various brands and request options associated with transportation and logistics. These include our transportation request brands known as “DRIVEO Car-Sharing”, “DRIVEO Car with Driver”, and “DriveoHero”. These services may be provided by DRIVEO subsidiaries, affiliates, or independent third-party providers, including Transportation Network Company drivers and Transportation Charter Permit holders.

4.3 Third-Party Services and Content

Please note that our services may be accessed in conjunction with third-party services and content, including advertising, over which DRIVEO has no control. Different terms of use and privacy policies may apply to your use of such third-party services and content. DRIVEO does not endorse these third-party services and content and shall not be held responsible or liable for any products or services provided by such third-party providers. These third-party beneficiaries are not responsible for providing or supporting our services in any way. 

4.4 Ownership

All rights to the services are and shall remain the property of DRIVEO or DRIVEO's licensors. Your use of the services does not grant you any rights in or related to the services, nor any rights to use or reference DRIVEO's company names, logos, product and service names, trademarks, or service marks, or those of DRIVEO's licensors.

5.     Access and Use of Services

To use most aspects of our services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account unless a specific service permits otherwise. Account registration requires you to provide certain personal information to DRIVEO. You are responsible for maintaining accurate, complete, and up-to-date information in your Account. You are also responsible for all activity that occurs under your Account and for maintaining the security and secrecy of your Account username and password at all times.

5.1 User Requirements and Conduct

Our services are not available for use by persons under 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third-Party Providers unless you accompany them. You agree to comply with all applicable laws when accessing or using our services, and you may only access or use our services for lawful purposes.

5.2 Communication

You agree that DRIVEO may contact you by telephone, email, or text messages at any of the phone numbers provided by you or on your behalf in connection with a DRIVEO account, including for marketing purposes. You may opt out of receiving text messages from DRIVEO at any time by contacting support@wahdah.my. If you do not choose against this, DRIVEO may contact you as per outlined in the DRIVEO App Terms of Use (DRIVEO ToU).

6. DriveoHost Registration and Further Documentation

To register as a DriveoHost, individuals are required to provide DRIVEO with their personal identification and license details. For companies, a valid Business Registration Certificate from the Companies Commission of Malaysia (SSM) is required. Once vehicles are added to the respective fleet, the registration process for both individuals and companies can be completed by submitting a copy of the Vehicle Registration Certificate (Car Grant) and Car Insurance Cover Note to DRIVEO. This additional documentation ensures a comprehensive and secure registration process for all prospective DriveoHost members. 

7. DriveoHosts Compensation Structure / Payment Scheme 

7.1 EARNINGS PAYMENT

DRIVEO does not offer direct compensation for any car leasing facilitated through the DRIVEO platform. Instead, we allocate car leasing based on the availability and readiness of your vehicle to serve our Customers. The payment received by DRIVEO from bookings or leasing will be reimbursed to you at a rate of 70% to 85% of the leasing value, excluding the security deposit. The final payment may be subject to negotiation in instances such as peak seasons, vehicle upgrades, promotions, etc.

7.2 MAXIMUM PAYMENT

DRIVEO reserves the right to take a certain percentage from the maximum amount of payment, which is derivative of the total lease amount, as mutually agreed upon by DriveoHost and DRIVEO prior to this publication. Any modifications of the percentage limitations are subject to the purview and sole discretion of DRIVEO. These changes, if any, will be communicated to you via the DRIVEO platform, email, Telegram apps, or the phone number linked to your account. It is incumbent upon you to stay updated on the maximum payment rate should you intend to refer new users to the DRIVEO platform.

7.3 PAYMENT ADJUSTMENT

DRIVEO also reserves the right to adjust, withhold, or deny any lease payment if it is determined or suspected that the payment was made in error or earned in violation of this agreement or any applicable laws as well as in the instance of an incomplete leasing assignment. Any decisions to adjust or withhold leasing payments will be made in a reasonable and fair manner.

7.4 CLAIMS

Any claims submitted to DRIVEO must meet specific criteria to be processed. Claims must be supported by clear evidence for further consideration. Claims made without using the DRIVEO platform or without clear evidence will not be entertained. Acceptable forms of evidence include receipts and clear images, which must be submitted via the DRIVEO platform. DRIVEO will only accept claims made within 10 days from the date of the incident. Please note that any late claims beyond this period will not be entertained by DRIVEO and its administration. 

7.5 PAYMENT METHOD

DRIVEO processes all due payments via a third-party payment processor. You acknowledge and agree that the payment amount will not include any interest and will be net of any amount we are required to withhold by law. Payments will be processed following the return of vehicle and after the closing reimbursement cut-off on DRIVEO App and credited to DriveoHosts bank accounts within 3-5 working days. DRIVEO is not responsible for any delays in the payment process for any reason. Payments will be transferred to the DriveoHosts bank accounts registered on the Platform.

8. Compliance with Land Public Transport Agency “Proof of Concept”

DRIVEO may disclose your information if deemed necessary by law, regulation, operational agreement, legal proceedings, or governmental directives, or when such disclosure is deemed appropriate due to safety or related concerns. This encompasses the provision of your information to law enforcement, governmental authorities such as Land Public Transport Agency (APAD), or other relevant third parties to uphold our Terms of Service (Partnership Agreement), or other policies, safeguard DRIVEO's rights or assets, or the rights, safety, or assets of others, or in the event of a claim or dispute pertaining to your use of our Services. Should you use another individual's credit card, we may be legally obligated to disclose information to the cardholder, including subscription details. Furthermore, your information may be shared with other parties during the negotiation or execution of any merger, asset sale, consolidation or restructuring, financing, or acquisition of all or part of our business by or into another entity. 

9. Unlimited Mileage

As per the provisions stipulated in the Terms and Conditions of our Car Leasing Agreement, unlimited mileage has already been made complimentary for Customers and absorbed by the lease amount charged for as long as the duration of the lease term is active. By consenting to this Agreement, the DriveoHosts acknowledge and accept our customer policy of Unlimited Mileage.

10. Office and Operation Hours

While DRIVEO is a dynamic fleet management and marketplace platform, operated, managed, and owned by Wahdah Technologies Sdn Bhd (“Wahdah Technologies”), the day-to-day running of car leasing activities and business transactions are handled instead by the team of Operators either at WAHDAH Hub or our affiliated Operating Centres. As such, whether you are interacting with the dedicated employees of Wahdah Technologies, the diligent staff at WAHDAH Hub, or our affiliated Operating Centres to resolve any issues and/or troubleshoot these problems, all DriveoHosts are kindly requested to respect and adhere to the designated office hours for Wahdah Technologies (9:00 AM to 5:00 PM) and operational hours (7:00 AM to 11:00 PM) for both WAHDAH Hub, as well as our affiliated Operating Centers respectively.

11. Fit-to-Share

DriveoHosts must diligently ensure that their shared fleet of vehicles, collectively referred to as the “Fleet,” is maintained to an optimal operating standard and remains functional when made active for lease transactions. The term "Fit to Share" encompasses the commitment of DriveoHosts to warrant that their vehicles meet specific criteria before being made available for lease, including but not limited to the following:

11.1 Operating Standard

DriveoHosts are responsible for ensuring that each vehicle in their Fleet adheres to a set operating standard before sharing. This includes regular maintenance checks, ensuring all essential systems are in proper working order, and addressing any issues that may compromise the safety or functionality of the vehicle.

11.2 Cleanliness 

DriveoHosts must present vehicles that are clean and well-maintained. This involves regular cleaning, both interior and exterior, to provide a comfortable and hygienic environment for Customers during lease transactions.

11.3 Functionality

Vehicles must be fully functional and operational at all times when offered for sharing. DriveoHosts are required to address any mechanical or technical issues promptly to avoid disruptions during the lease period.

11.4 Safety

DriveoHosts must ensure that their vehicles do not pose any hazards to Customers. This includes verifying that all safety features, such as brakes, lights, and airbags, are in proper working condition.

12. Allianz Malaysia P-2-P Insurance 

We understand that DriveoHosts may encounter difficulties in claiming insurance coverage due to the commercial nature of vehicle leasing activities. Some insurance providers may classify these activities under commercial transactions, thereby excluding DriveoHosts from claiming their insurance coverage. To address this potential challenge, we have partnered with Allianz Insurance Malaysia to offer a unique solution, that being Allianz Malaysia P-2-P Insurance. This add-on insurance is specifically designed to bridge the gap between traditional insurance coverage and the unique needs of DriveoHosts. It ensures that DriveoHosts can confidently lease their vehicles on a P-2-P platform without worrying about the complexities of the insurance claim process. However, it's important to note that if DriveoHosts choose not to avail of the P-2-P Insurance offered by Allianz Insurance Malaysia, DRIVEO will not be held responsible for any complications that may arise during the insurance claims process. We strongly recommend considering this add-on to ensure a smooth and hassle-free insurance claim experience.

13. Late Issued Summons

In the event that traffic authorities issue summons against vehicles registered under the name of DriveoHosts, particularly beyond the 15-day window following the return of the leased vehicle and well after the retention period of the Customers' deposits, DRIVEO reserves the right to reject any retrospective claims. It is the responsibility of the DriveoHosts to stay informed and updated on any summons issued to vehicles registered under their name, as they are able to do so via the relevant portals online. However, in other circumstances that are over and above their control, DRIVEO may then assume a portion of the summons cost, with the remainder to be covered by the DriveoHosts. Please note that this is only applicable under specific conditions. This provision exists as some summons may only reach DriveoHosts via post or mail well after the expiration of the customer's deposit retention period.

14. Leveraging DRIVEO Apps to Streamline Business Transactions

To enhance the operations of DRIVEO and its administration, we kindly remind all DriveoHosts that the DRIVEO app platform is a mandatory tool for conducting business and securing potential customers interested in car leasing. Similarly, bookings from Customers are exclusively notified through the DRIVEO app. Non-compliance with these guidelines by DriveoHosts may result in a suspension of lease payments to their fleet or vehicles following the conclusion of a lease period. Upon acceptance of this Agreement, DriveoHosts willingly agree to the provision of the DRIVEO application usage, thereby affirming full compliance with all the stipulations and Terms outlined herein.

15. Non-Compete Agreement

While DRIVEO may not necessarily enforce the principle of restraint of trade, it is imperative that DriveoHosts agree not to engage in business with other individuals or entities, or affiliates of a company in a way that heavily depends on the confidential business information obtained via DRIVEO. Moreover, DriveoHosts are prohibited from conducting business with any individual or entity that is in direct competition with DRIVEO, or from establishing a platform akin to DRIVEO using its confidential information, while exploiting DRIVEO's copyrights and intellectual property for personal gain or benefits. This stipulation is in place to safeguard DRIVEO's proprietary trade secrets and confidential information.

16. DriveoHosts Accountability in matters relating to Insurance Claims and Summons

The accountability of DriveoHosts (to be complied with) encompasses but is not limited to, the following:

16.1 DriveoHosts shall bear significant accountability in the event of insurance claims. DriveoHosts are thus, obligated to expedite insurance claims from their respective providers even for instances where Customers have acquired our Limited Reduction Options (LRO) and have contributed towards the Excess Fees, these funds are strategically utilized only to offset the costs associated with Downtime, Assessed Repair Time, and Loss of Use. This is particularly applicable during the timeframe when vehicles are undergoing repairs in the Workshop. It is incumbent upon the DriveoHosts to contra the costs of damages by expediting claims with their respective car insurance coverage providers.

16.2 This accountability further extends to traffic summons for which DriveoHosts are held accountable i.e. traffic summons related to non-compliance with vehicle regulations. Such cases may include non-compliance with the Standard Operating Procedures (SOPs) or regulations, such as car plate requirements mandated by the Road Transport Department (JPJ) of Malaysia. 

16.3 Additionally, DriveoHosts are responsible for adhering to the limitations imposed by the traffic division of the Royal Malaysian Police (RMP) on car window tinting. Any deviation from these regulations may result in any traffic summons, for which the DriveoHost shall be held liable.

17. Cancellation of Booking

17.1 Customer Cancellation (Early or Less than 24 Hours Before)

In the event of a booking cancellation by Customers, whether early or less than 24 hours before the scheduled lease period, DriveoHosts will be reimbursed based on the following principles:

17.1.1 In the case of early booking cancellations by Customers, where the cancellation occurs well in advance of the scheduled lease period, DRIVEO ensures continued business opportunities on the DRIVEO platform. This comes as DRIVEO recognizes the impact of early cancellations on DriveoHosts and aims to foster a collaborative and supportive environment.

17.1.2 For late booking cancellations which is less than 24 hours, where the value of the booking and payment has been reflected on the DRIVEO app, DriveoHosts will receive partial compensation by way of a DRIVEO voucher as outlined in the DRIVEO compensation policy. The exact voucher compensation is at the discretion of WAHDAH and will be communicated to DriveoHosts through the DRIVEO platform or other designated communication channels.

17.1.3 DRIVEO acknowledges the commitment of DriveoHosts to providing quality services and understands that cancellations may be beyond their control. In recognition of this, DRIVEO commits to providing DriveoHosts with continued business opportunities, prioritizing them for future bookings and potential collaborations on the platform.

17.1.4 Details regarding continued business opportunities, including priority access to future bookings and collaborations, will be communicated to DriveoHosts through the DRIVEO platform or other designated communication channels. DRIVEO aims to maintain transparency and open communication to ensure DriveoHosts are aware of the ongoing support and opportunities available to them. 

17.2 Cancellation by WAHDAH via DRIVEO

17.2.1 Due to Customer Non-Compliance or Transaction Disagreement

If WAHDAH cancels a booking because Customers fail to agree to the closing of transactions or upgrade deals, DriveoHosts will be compensated in accordance with the DRIVEO compensation policy. The details of the compensation will be communicated through the DRIVEO platform or other designated channels.

17.2.2 Due to DriveoHosts Inadequacy

If WAHDAH cancels a booking due to DriveoHosts being inadequate to offer their services, DRIVEO reserves the right to impose points reduction on the DriveoHosts. The specific points reduction will be determined by DRIVEO and communicated to the DriveoHosts through the DRIVEO platform or other designated channels. These measures aim to ensure the continuous improvement of service quality.

17.3 DriveoHosts Cancellation

17.3.1 Early and Late Stage Cancellation

If DriveoHosts cancel a booking, whether in the early or late stage, DRIVEO may impose points deduction based on the severity and frequency of the cancellations. The degree of this will be determined by DRIVEO and communicated to the DriveoHosts through the DRIVEO platform or other designated channels. This is to prevent repeated cancellations and ensure the reliability of DriveoHosts in serving Customers.

18. E-Inspection and Fleet Management

18.1 DRIVEO E-Inspection Compliance

18.1.1 DriveoHosts are expressly responsible for ensuring full compliance with the DRIVEO E-Inspection policy throughout the entire (before and after) lease period.

18.2 E-Inspection Responsibilities

18.2.1 If personally serving (handover) the Vehicles to and from Customers, DriveoHosts MUST conduct E-Inspection themselves to ensure the vehicle's condition is accurately documented.

18.3 E-Inspection by DriveoHeroes

18.3.1 In cases where the Vehicles are being served to and from Customers (during pickup and/or return) by DRIVEO's gig-workers also known as “DriveoHeroes”, it remains the duty of DriveoHosts to ensure that these gig-workers perform the required E-Inspection. DriveoHosts are accountable for the thoroughness and accuracy of the inspection conducted by DriveoHeroes.

18.4 Consequences of Non-Compliance

18.4.1 Failure to comply with the E-Inspection policy may result in the withholding of payment and/or reimbursement by DRIVEO.

18.4.2 Non-compliance may also lead to the rejection of claims or unsuccessful claims in case of disputes or discrepancies related to the vehicle's condition or traffic offenses.

18.5 Fleet Management Records

18.5.1 DriveoHosts are further responsible for maintaining comprehensive records of their fleet history, including:

• Service History
• Service Reminder
• Meter History
• Renewal Reminder for Insurance and Road Tax

18.6 Proactive Approach

18.6.1 DriveoHosts are expected to adopt a proactive approach, actively managing and updating their Fleet records without solely relying on notifications from WAHDAH or DRIVEO. Utilizing the fleet management features offered on the DRIVEO platform, DriveoHosts can efficiently track and manage these records.
 

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