Important – Please read these Terms and Conditions for Buddy Driver (“Buddy Driver Terms”) carefully. By using the Buddy Driver Service (as defined below), you agree that you have read, understood, accepted and agreed with these Buddy Driver 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, please stop using the Buddy Driver 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 “Affiliated Company” means any business partner, third party vendor, service provider, parent company or subsidiary of the Company.
1.2 “Booking” means a booking for a Buddy Driver made via the Booking Platform which has been confirmed by the Company and assigned with a booking ID which can be viewed on the ‘Booking Details’ page.
1.3 “Booking Duration” means the period of which the Buddy Driver is providing the Buddy Driver Service to the Customer.
1.4 “Booking Platform” means the TREVO mobile application which is owned and operated by Future Mobility Solutions Sdn Bhd (FMS), a wholly owned subsidiary of the Company.
1.5 “Booking Request” means a request for the Buddy Driver Service made by the Booking User via the Booking Platform.
1.6 “Booking User” means the person who has submitted a Booking Request for the Buddy Driver Service via the Booking Platform.
1.7 “Buddy Driver” means the person who is responsible for operating the Vehicle.
1.8 “Buddy Driver Service” means a service provided by the Company to the Customer whereby a driver will be provided for operating the Customer’s Vehicle.
1.9 These “Buddy Driver Terms” means these Terms and Conditions for Buddy Driver Service.
1.10 “Company” means SOCAR MOBILITY MALAYSIA SDN. BHD. (Registration No. 201701009617 (1223782-T)), the Buddy Driver Service provider, including its subsidiaries and affiliates.
1.11 “Customer” means the person whose request for a Buddy Driver has been confirmed by the Company and who has received a booking ID for his Booking.
1.12 “Driver Fee” means the fee payable to the Company by the Customer for the use of the Buddy Driver Service, including any other fees that may be charged by the Company pursuant to these Buddy Driver Terms.
1.13 “Force Majeure Event” means any event beyond the control of the Company, the Customers and/or the Booking Users, 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.
1.14 “Pick Up and Drop Off Locations” means the location(s) of which the Customer and the Vehicle will be picked up at the beginning of the Booking Duration and dropped off at the end of the Booking Duration. The Pick Up and Drop Off Locations shall be within the same Service Area.
1.15 “PDPA” means the Personal Data Protection Act 2010 of Malaysia.
1.16 “Personal Data” shall have the meaning ascribed to it under the PDPA.
1.18 “Service Area” means the areas that are stated in the Booking Platform of which the Buddy Driver may be required to travel.
1.19 “Vehicle” means a motor vehicle of the Customer which fulfils the requirements set out in these Buddy Driver Terms and of which the Buddy Driver will be operating when providing the Buddy Driver Service to the Customer.
1.20 "Website" means the site of "buddydriver.socar.my" operated by the Company.
Article 2. Purpose
1. These Buddy Driver Terms constitute a legally binding agreement between the Customer and the Company.
2. The purpose of these Buddy Driver Terms is to set out the rights, obligations and other necessary matters between the Customer and the Company, and the procedures for the use of the Buddy Driver Service.
3. The Company publishes these Buddy Driver Terms on the Booking Platform/ Website so that it is accessible by the Customers. The matters that are not specified in these Terms shall be governed by any guidelines published by the Company on the Website from time to time, according to reasonable industry practices and standards, and subject to Malaysian laws and regulations.
Article 3. Amendment to These Buddy Driver Terms
3.1 Any amendments, additions, revisions, replacements, modifications, and removal of these Buddy Driver Terms will be published from time to time on the Website. The Customer shall check the Website from time to time to ensure that the Customer is aware of the latest Buddy Driver Terms. The latest Buddy Driver Terms will replace any older versions of the Buddy Driver Terms and shall take effect as soon as the latest Buddy Driver Terms are published on the Website.
3.2 The Company, in its sole discretion but not under any obligation, may notify the Customer with regard to any amendments of these Buddy Driver Terms via the contact details provided by the Customer in the Booking Platform, if such amendments are deemed to be significant by the Company.
3.3 Continued use of the Buddy Driver Service by the Customer shall be deemed as an acceptance by the Customer of the amended Buddy Driver Terms.
3.4 For the avoidance of doubt, the Company shall not be responsible for ensuring that the Customer is aware of any amendments to these Buddy Driver Terms.
3.5 Should the Customer disagree with any amendments to these Buddy Driver Terms, the Customer shall stop using the Buddy Driver Service.
Article 4. Request for Buddy Driver
4.1 The Booking User shall request for a Buddy Driver by completing and submitting the Booking Request via the Booking Platform. By submitting a Booking Request and making payment for the Buddy Driver Service, the Booking User/Customer agrees to be bound by these Buddy Driver Terms.
4.2 The Booking User shall ensure that the details of the Vehicle stated in the Booking Request, including but not limited to car registration number, car make and model, car transmission and car colour, are accurate. The Company and/or the Buddy Driver shall have the right to refuse providing the Buddy Driver Service to the Customer should the Vehicle not match with any of the details provided in the Booking Request.
4.3 The Booking User shall also ensure that the Pick Up and Drop Off Locations are provided accurately in the Booking Request. The Booking User/Customer is solely liable and responsible for any delay caused due to inaccurate information provided including paying the full Driver Fee notwithstanding the late arrival of the Buddy Driver. The Company and the Buddy Driver shall not be liable and responsible for any loss and/or damage that may be suffered by the Booking User/Customer as a result of delay due to inaccurate information provided by the Booking User/Customer.
4.4 The Booking Duration shall be a minimum of 60 minutes and maximum 12 hours. The Booking User shall ensure that when submitting the Booking Request the Booking Duration shall start at least 1 hour after the submission of the Booking Request.
4.5 Any changes to the details stated in the Booking Request after confirmation of the Buddy Driver Service by the Company or after the beginning of the Booking Duration are subject to the Company’s approval and further charges (if any).
4.6 Upon receiving the Booking Request submitted by the Booking User, the Company will review the Booking Request. A booking confirmation will be provided to the Booking User via the Booking Platform within 30-45 minutes of sending the Booking Request.
4.7 The Booking User shall ensure that all details stated in the Booking Request is accurate and he is solely liable for any loss and/or damage that he may suffer as a result of providing inaccurate information.
4.8 By using the Buddy Driver Service, the Customer agrees and consents to the Buddy Driver operating the Vehicle.
Article 5. Driver Fee, Other Expenses and Change of Booking Details
5.1 Driver Fee and Other Expenses
5.1.1 The Customer is required to pay the Driver Fee which is set out in the Booking Platform when submitting the Booking Request.
5.1.2 All petrol consumption, parking fees and toll charges shall be borne by the Customer. The Customer is required to make the necessary payment as and when it is required during the Booking Duration.
5.1.3 The Customer agrees that the Driver Fee shall be subject to all prevailing statutory taxes, duties, charges and/or costs in connection with the Customer’s use of the Buddy Driver Service, however denominated, as may be in force and regarding any future taxes that may be introduced at any point of time. The Customer further agrees to use his best efforts to do everything that is necessary and required by the relevant laws to enable, assist, defend or indemnify the Company in claiming or verifying any input tax credit, set off, rebate or refund in respect of any taxes paid or payable for the Buddy Driver Service supplied under these Buddy Driver Terms.
5.2 Change of Booking Details
5.2.1 The Customer may request to change any details stated in the Booking Request including the Booking Duration, details of the Vehicle and the Pick Up and Drop Off Locations provided that such request is made at least 3 hours before the beginning of the Booking Period or the end of the Booking Period, as the case may be via the Live Chat application on the Booking Platform. Any request to change the Booking details is subject to the Company’s approval and further charges (if any). Any changes to the Booking details will only take effect after the Customer has paid the necessary Driver Fee and/or charges failing which the original details stated in the Booking Request shall apply.
5.2.2 Any extension of Booking Duration that is approved by the Company shall be in a block of 1 hour and the Customer shall be liable to pay the fees for the extended Booking Duration. Such fees will be charged onto the payment card that the Customer used to make payment when submitting the Booking Request.
5.2.3 The Customer shall ensure that his payment card has sufficient balance for the Company to charge any fees and/or charges for any change of Booking details.
5.2.4 If the provision of the Buddy Driver Service cannot be completed within the Booking Duration or the stipulated time due to emergency or circumstances that are not within the control of the Customer and the Buddy Driver such as unusual traffic congestion and flash flood, the Buddy Driver may request for extension of the Booking Duration and in such circumstances the Customer shall bear any fees for the extended Booking Duration.
Article 6. Cancellation of Booking
6.1 If the Customer would like to cancel the Booking, he shall do so via the Booking Platform. If the request to cancel is made;
With more than 180 minutes notice before the start of Booking Duration, full refund of the Driver Fee will be given to the Customer by the Company.
With less than 180 minutes and more than 59 minutes of the Booking Duration, the Customer shall pay a cancellation fee which is equivalent to 10% of the Driver Fee AND 6% Sales and Service Tax (SST) charge on the Driver Fee
With less than 59 minutes notice from the start of the Booking Duration, the Customer shall pay a cancellation fee which is equivalent to 50% of the Driver fee AND 6% Sales and Service Tax (SST) charge on the Driver Fee.
With less than 59 minutes notice from the start of the Booking Duration (where the driver is on the way), the Customer shall pay a cancellation fee which is equivalent to the first hour of the Driver fee AND 6% Sales and Service Tax (SST) charge on the Driver Fee.
6.2 No cancellation is allowed upon commencement of Booking Duration.
6.3 All refunds will be credited to the Debit/ Credit card which was used for the Booking within the next 10 to 16 working days, whereas refund to GRABPAY will be made within 24 hours subject to approval of the Company. Auto generated refund receipts will be sent to the Customer' registered email address on the Booking Platform.
6.4 Subject to Article 6.4 below, no refund of the Driver Fee will be given by the Company if the Customer cancels the Buddy Driver Service during the Booking Duration or the Customer requests for early drop off.
6.5 If a Booking is cancelled by the Buddy Driver, the Company will endeavour to get another Buddy Driver for the Customer if the Customer is willing to wait for an extra time as informed by the Company. If the Customer is unwilling or unable to wait for the estimated extra time, the Customer may cancel the Booking and full refund of the Driver Fee paid by the Customer will be given to the Customer. In any event, the Company shall not be held responsible for any losses and/or damages that may be suffered by the Customer and/or the Passengers as a result of the Buddy Driver cancelling the Booking in such circumstances or as a result of the Customer unwilling or unable to wait for the estimated extra time.
6.6 If the Buddy Driver is unable to provide the Buddy Driver Service due to the occurrence of a Force Majeure Event, the Customer may cancel the Booking via the Booking Platform. The Company will at its sole discretion decide whether a refund of the Driver Fee will be given to the Customer if a Booking is cancelled by the Customer due to occurrence of a Force Majeure Event by taking into account the circumstances at that time the cancellation is made.
6.7 The Company shall not be liable to the Customer and/or the Passengers if the Buddy Driver is unable to reach the Pick Up and Drop Off Locations or the Company is unable to provide the Buddy Driver Service due to the occurrence of a Force Majeure Event.
Article 7. Requirements of Vehicle
7.1 The Customer warrants and represents that:
7.1.1 the model of the Vehicle shall be either COMPACT, SEDAN, SUV, MPV or any other model that is not designed for commercial use;
7.1.2 he is the legal owner of the Vehicle and he shall at all times to be present in the Vehicle when the Buddy Driver Service is provided;
7.1.3 the vehicle road tax for the Vehicle has been duly paid and a valid road tax sticker is attached to the Vehicle;
7.1.4 the Vehicle is properly insured with comprehensive type of coverage including coverage for “all drivers” and the insurance policy is in full force and effect throughout the Booking Duration; and
7.1.5 the Vehicle has a good record of service maintenance and it is in a safe and roadworthy condition.
7.2 The Company and the Buddy Driver shall not be liable and responsible for any loss and/or damage that may be suffered by the Customer and/or the Passengers as a result of the Vehicle breaking down during the Booking Duration including but not limited to the repair costs of the Vehicle.
7.3 The Customer shall be liable for any fines that may be imposed by any authority in the event that the road tax sticker attached to the Vehicle is found to be invalid.
7.4 The Customer hereby agrees and acknowledges that the Customer shall indemnify the Company for any loss and/or damage that may be suffered by the Company as a result of a breach of this Article by the Customer.
7.5 The Customer shall provide the necessary documents to prove that the Vehicle meets the requirements stated in Article 7.1 as and when required by the Company. Failing to provide such documents will result in the Company refusing or terminating the provision of the Buddy Driver Service and the Company shall not be liable and responsible for any loss and/or damage that may be suffered by the Customer and/or the Passengers. For the avoidance of doubt, if the Company refuses or terminates the provision of the Buddy Driver Service to the Customer due to the failure of the Customer to provide documents as requested by the Company, the Driver Fee paid by the Customer will not be refunded to the Customer.
Article 8. Duties and Obligations of the Customer
8.1 The Customer shall not:
8.1.1 do anything to breach, circumvent or contravene these Buddy Driver Terms;
8.1.2 commit or encourage any criminal offence;
8.1.3 commit or encourage any fraudulent act;
8.1.4 corrupt, exploit, mine, or steal information from the Website;
8.1.5 conduct any unauthorized modification, alteration, or deletion of the Buddy Driver Service;
8.1.6 send or post any irrelevant, illegal, or otherwise objectionable content or information (such as computer programs and advertisements) on the Website;
8.1.7 infringe the intellectual property rights of the Company and/or the Affiliated Companies;
8.1.8 request the Buddy Driver to travel outside the Service Area;
8.1.9 use the Buddy Driver Service for commercial purposes;
8.1.10 threatens, annoys, abuses, or harasses the Buddy Driver; and
8.1.11 carry out any acts that may damage the reputation and goodwill of the Company and/or the Affiliated Companies.
8.2 The Customer shall at all times comply with related laws and regulations, the provisions of these Buddy Driver Terms and any independent terms and usage policies of the Affiliated Companies.
8.3 All personal items shall at all times remain the responsibility of the Customer. The Company accepts no responsibility or liability for any loss and/or damage no matter how it was caused, either whilst in transit or when left in the Vehicle.
Article 9. Limitation of Liability
9.1 If the Company cannot provide the Buddy Driver Service due to occurrence of a Force Majeure Event, the Company shall be exempted from any obligations under these Buddy Driver Terms.
9.2 The Company shall not be liable for any disruption in the use of the Buddy Driver Service caused by any act or omission of the Customer. The Customer shall ensure that he has provided accurate details in the Booking Request and the Vehicle complies with the requirements stated in these Buddy Driver Terms.
9.3 The Buddy Driver Service is 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 Customer or other Customers thereon, irrespective of whether such damages were foreseeable or not. For the avoidance of doubt, the Company is also not liable or responsible for any loss and/or damage that may be suffered by the Customer and/or the Passengers as a result of any act or omission of the Buddy Driver.
9.4 Without prejudice to Article 9.3, the Company’s liability (if any) shall be capped at the total Driver Fee paid by the Customer to the Company in the preceding 30 days of the date of the damage suffered.
9.5 The Company shall not be liable for any transactions or dealings between the Customer and the Buddy Driver.
Article 10. Refusal or Termination
10.1 Suspension or Termination of Buddy Driver Service
10.1.1 The Company may without prior notice to the Customer refuse or terminate the provision of the Buddy Driver Service to the Customer upon occurrence of any of the events listed below:
10.1.1.1 The Customer breaches any of these Buddy Driver Terms, and if such breach is capable of remedy, the Customer fails to remedy the breach within the time stipulated after receiving notice from the Company;
10.1.1.2 When any of the information or detail stated in the Booking Request is found to be false or incorrect;
10.1.1.3 When the Customer does not pay the applicable fees in a timely manner, or the charges to the payment card cannot be completed;
10.1.1.4 When the Customer causes a traffic accident;
10.1.1.5 When the Customer breaches these Buddy Driver Terms or any laws or regulations;
10.1.1.6 When the Customer does anything which damages the goodwill or reputation of the Company;
10.1.1.7 When the Customer fails to fulfil any obligation or duty under these Buddy Driver Terms on the relevant due date;
10.1.1.8 When the Customer interferes with other Customers’ use of the Buddy Driver Service;
10.1.1.9 When the Customer threatens, annoys, abuses, or harasses the Buddy Driver and/or other Customers;
10.1.1.10 When the Customer misuses any information obtained through the Buddy Driver Service;
10.1.1.11 When the Customer uses the Buddy Driver Service and/or the Vehicle for any unlawful purpose;
10.1.1.12 When the Customer misuses, abuses and/or manipulates the Buddy Driver Service for fraudulent purposes which includes but not limited to misuse and/or abuse of promotions/coupons/discounts provided by the Company;
10.1.1.13 When the Customer fails to provide proper and valid information and/or documents upon request including but not limited to car registration certificate, insurance policy and proof of payment of vehicle road tax;
10.1.1.14 When the Customer has any criminal record;
10.1.1.15 When the Customer affects or causes the Buddy Driver to not being able to operate the Vehicle in a safe manner, or the Company has reasons to believe that the Customer is affecting or causing the Buddy Driver to not being able to operate the Vehicle in a safe manner;
10.1.1.16 When the Customer is requesting or causing the Buddy Driver to violate any laws; and/or
10.1.1.17 The Customer does any act which the Company is of the view that refusal or termination of the Buddy Driver Service is fit and necessary.
10.2 If the Buddy Driver Service is refused or terminated pursuant to this Article, the Company will not refund any fees paid by the Customer.
10.3 Notwithstanding the refusal or termination of the Buddy Driver Service pursuant to Article 10.1.1 above, the Customer’s obligations under these Buddy Driver Terms shall survive the refusal or termination of the Buddy Driver Service.
10.2 Change and suspension of the Buddy Driver Service
10.2.1 The Company may change the Buddy Driver Service in cases where it is deemed that the provision of the Buddy Driver Service at its current form is no longer commercially viable or a change in the regulatory regime has rendered offering the Buddy Driver Service illegal.
10.2.2 The Company may suspend whole or part of the Buddy Driver Service if any of the following cases occurs:
10.2.2.1 In cases where there is a possibility of occurrence of a Force Majeure Event;
10.2.2.2 If telecommunication services are disrupted;
10.2.2.3 If the Company is undergoing repair, inspection, routine maintenance, replacement, or facing disruptions in the information and communication equipment of the Company;
10.2.2.4 If the Buddy Driver Service is provided through an Affiliated Company, such service being changed or suspended by the Affiliated Company; or
10.2.2.5 Any other reasons that impair the ability of the Company to provide the Buddy Driver Service.
10.2.3 The Company reserves the right to change, replace, or to suspend the provision of any part of the Buddy Driver Service.
10.2.4 The Company shall not be liable to the Customer and/or the Passengers for any disruptions in the provision of the Buddy Driver Service.
Article 11. Prohibition of Use of Vehicle
11.1 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 or illegal purposes.
11.2 The Vehicle shall not be used for the purposes below:
11.2.1 for any illegal or unlawful purposes;
11.2.2 for any morally-objectionable purposes;
11.2.3 in contravention with these Buddy Driver Terms;
11.2.4 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.
11.2 The Company reserves the right to refuse the Buddy Driver Service to any Customer who contravenes this Article.
Article 12. Performance of Service
12.1 The Buddy Driver will use his own judgment to drive at reasonable speeds in relation to the prevailing road type and conditions. The Customer should not ask the Buddy Driver to exceed any speed limits. Unless the Customer requests that a particular route to be used, the Buddy Driver may use any route to a destination that in his opinion is the best and most convenient route, whether or not it is actually the shortest route.
12.2 The Buddy Driver will endeavour to adhere to any reasonable requests of the Customer (the reasonableness of which shall be judged by the Buddy Driver based on the prevailing circumstances). However, the Company shall not be held responsible for any loss or inconvenience from delays of prolonged journey durations, due to circumstances beyond the Buddy Driver’s control such as traffic, adverse weather conditions, etc.
12.3 To avoid any unwanted dispute, the Customer is not allowed to operate the Vehicle during the Booking Duration save and except in situations where the Buddy Driver is unable to continue to operate the Vehicle provided that the Customer notifies the Company by contacting the customer support of the Company via the Booking Platform.
Article 13. Passengers
13.1 Passengers are allowed into the Vehicle provided that the total number of persons in the Vehicle will not exceed the maximum seating capacity of the Vehicle.
13.2 Passengers shall only enter the Vehicle together with the Customer. The Customer shall not request the Buddy Driver to pick up any persons without the presence of the Customer.
13.3 The Customer shall inform the Passengers of the provisions of these Buddy Driver Terms and shall be responsible for all the acts and omissions of the Passengers including but not limited to:
13.3.1 The Customer shall ensure that the Passengers are complying with all laws and regulations;
13.3.2 The Customer shall ensure that the Passengers comply with these Buddy Driver Terms wherever applicable to the Passengers;
13.3.3 The Customer shall ensure that the Passengers’ conducts do not cause any threat to the safety of their own, the Buddy Driver, the Customer and any other persons.
13.4 The Company is not liable or responsible for any loss and/or damage that may be suffered by the Passengers whether or not such loss and/or damage is due to any act or omission of the Buddy Driver.
13.5 The Customer shall indemnify the Company for any losses, costs or expenses suffered or incurred by the Company as a result of any act or omission of any Passengers, whether or not the Company has first made a claim against the Passengers.
13.6 In the event that the Buddy Driver is of the opinion that any Passenger is carrying out any unacceptable behaviour, the Buddy Driver or the Company may refuse entry of that Passenger to the Vehicle or may terminate the Buddy Driver Service even if the Buddy Driver Service is not completed. In these circumstances, the Customer is still liable for the Driver Fee for the entire Booking Duration and the Company shall have no responsibility or liability for any losses and/or damages that may be suffered by the Customer and/or the Passengers.
Article 14. Buddy Driver
14.1 The Buddy Driver is an independent third party service provider of the Company and not an employee of the Company. Therefore, the Company shall not be responsible and liable for any loss and/or damage suffered by the Customer and/or the Passengers which are resulted from any act or omission of the Buddy Driver.
14.2 Any complaints and/or disputes between the Buddy Driver and the Customer or the Passengers must be taken up with each other directly.
Article 15. Damage or Theft to Vehicle
15.1 Any damage to the Vehicle shall be borne by the Customer unless such damage is due to reckless and careless driving of the Buddy Driver. In that case any excess of the cost of repair that is not covered by the insurance of the Vehicle shall be borne by the Buddy Driver. However, if the Customer fails to insure the Vehicle with comprehensive type of coverage including coverage for “all drivers”, the Buddy Driver will not be liable for the damage and the Customer shall be fully liable and responsible for the damage in such circumstance.
15.2 If the entire or part(s) of the Vehicle is stolen during the Booking Duration or during the time the Vehicle is in the Buddy Driver’s possession and the theft is due to the fault or negligent of the Buddy Driver, the Buddy Driver shall be liable for the full costs of replacing the stolen Vehicle or part(s) stolen from the Vehicle that is not covered under the insurance insured for the Customer’s Vehicle.
Article 16. Privacy Protection
16.1 Use and Provision of Personal Information
16.1.1 The Company shall use personal information only in compliance with the PDPA, as set out in the Privacy Notice.
16.1.2 The Company shall have a security system to protect and secure information provided by the Customer (including Personal Data and credit information), according to the Privacy Notice.
16.2 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 Customer, if necessary, to deal with the handling and management of collected personal information, as set out in the Privacy Notice.
16.3 Access to the Personal Information by the Company
The Customer acknowledges, consents and agrees that the Company may access, preserve and/or disclose any information contained in the Booking Request and Booking Platform if it is necessary to:
16.3.1 comply with any laws and regulations;
16.3.2 comply with any legal processes;
16.3.3 enforce these Buddy Driver Terms;
16.3.4 respond to any claims brought by any person;
16.3.5 respond to the Customer’s requests; and/or
16.3.6 protect the rights, property and personal safety of the Company, the Customer, other Customers and/or the public.
Article 17. Indemnification
The Customer 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:
17.1 the Customer’s use of the Buddy Driver Service;
17.2 the Customer’s breach of applicable laws and regulations of Malaysia or any other country;
17.3 the Customer’s breach of third-party rights including any right of privacy, publicity rights or intellectual property rights; and
17.4 the Customer’s and/or the Passengers’ breach of any of these Buddy Driver Terms.
Article 18. 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 Buddy Driver Terms (together with such party, the “Party Representatives”) that for the performance of its obligations under these Buddy Driver 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:
18.1 any government official in order to influence official action;
18.2 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
18.3 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 19. Miscellaneous
19.1 Responsibilities of an Affiliated Company
19.1.1 The Company and its Affiliated Companies are separate entities and operate independently from each other.
19.1.2 The Company shall not be responsible for any dealings between the Customer and the Affiliated Companies.
19.2 Intellectual Property
19.2.1 The Company is the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on or of the Buddy Driver Service (including all source code, information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information made available on the Website and through the Buddy Driver Service.
19.2.2 The Company grants the Customer, subject to these Buddy Driver Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Buddy Driver Service for the Customer’s own personal and non-commercial use. This license is revocable at any time without notice to the Customer and liability to the Company. All rights not expressly granted to the Customer are reserved by the Company.
19.2.3 The Customer shall not copy, transmit, publish, distribute, broadcast or reveal any intellectual property to any third parties without the prior written consent of the Company.
19.2.4 Use by the Customer of the content or materials owned by the Company or made available on the Website and through the Buddy Driver Service for any purpose not expressly permitted by these Buddy Driver Terms is strictly prohibited.
19.3 Management of Social Media Posts
19.3.1 In addition to the Website, from time to time the Company may post messages, special deals, pictures, news, stories, or other information on social media platforms which the Company maintains an account, such as Facebook®, Twitter®, Instagram® and LinkedIn® (“Social Media Platforms”). The Company is not responsible for the privacy or security policies or practices of the Social Media Platforms and any of the third party websites that the Website and/or the Social Media Platforms may link to. The Customer should review the privacy and security practices of all such Social Media Platforms and third party websites.
19.3.2 The Customer hereby acknowledges and agrees that if he tags the Company in any posts posted by him on any social media platforms managed by himself, such as pictures, information, opinions, complaints, or any personal information (“Material”), such posts will become public. This means that anyone can see the Material. By tagging the Company on these social media platforms, the Customer automatically and irrevocably grant and assign to the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the Material, including the Customer’s consent to allow the Company to reproduce, publish and/or share the Material.
19.3.3 The Customer shall be solely responsible for the Material and consequences of submitting and publishing the Material.
19.3.4 The Customer agrees not to submit Material that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, dangerous, threatening, misleading, contain nudity or sexual content, contain Personal Data, or posts that be construed as constituting harassment and cyber bullying or that could endanger a person, or posts that the Company, in its sole and absolute discretion, is deemed not suitable for publishing on the Social Media Platforms.
19.3.5 The Company reserves the right to remove, delete, and/or hide any Material submitted by the Customer on the Social Media Platforms in the Company’s sole discretion.
19.4 Governing Law and Agreed Jurisdiction
19.4.1 These Buddy Driver Terms shall be governed by the laws of Malaysia.
19.4.2 The Customer and the Company agree to submit to the exclusive jurisdiction of the Malaysian courts.
19.4.3 Prior to commencing any legal action, the Customer and the Company shall first attempt to settle a dispute expeditiously and in good faith.
19.5 Entire Agreement
These Buddy Driver Terms shall constitute the entire agreement of the Company and the Customer and supersede all preceding and contemporaneous agreements between the Company and the Customers. Any waiver of any provisions of these Buddy Driver Terms will be effective only if it is in writing and signed by both the Company and the Customers.
19.6 No Transfer
The Customer shall not transfer any of its rights or obligations under these Buddy Driver Terms to any other parties without the consent of the Company.
19.7 No Waiver
No failure to exercise or any delay in exercising any right or remedy by the Company under these Buddy Driver Terms shall operate as a waiver thereof.
If any provisions of these Buddy Driver Terms shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired.