PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Roadaz (hereinafter referred to for the purpose of this agreement, “Roadaz”, “we”, or “us”), provides an online platform that connects people seeking to share their vehicles. Roadaz is accessible online at www.roadaz.com and as an application for mobile devices (Roadaz’s websites, blog, and mobile applications are hereinafter collectively referred to as “the Services”). By accessing or using the Services, including by communicating with us or other Roadaz users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and Roadaz.
Roadaz reserves the right, at our sole discretion, to modify our Services and/or modify these Terms at any time. If we modify these Terms, we will post the modification on our Services and update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using and accessing the Services.
If you have any questions for us concerning this Agreement or Roadaz generally, please contact us at firstname.lastname@example.org
You hereby agree and undertake to update the information you have provided to Roadaz in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information, Roadaz may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address.
You agree that you will always the Services in compliance with the Terms of this Agreement, applicable law, and any other policies and standards provided to you by Roadaz.
Roadaz has the right, but is not obligated, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law. Roadaz may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Roadaz or to comply with legal process (for example, subpoenas or warrants); to enforce or administer this Agreement; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of Roadaz, its employees, its users, or members of the public.
Roadaz reserves the right, at any time and without prior notice, to remove or disable access to any content that Roadaz, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services or our community. If we believe you are abusing Roadaz, our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account(s) and access to our Services, remove hosted content, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
If a policy issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement subject to our sole and absolute discretion.
In order to contact you more efficiently, we may at times contact you using autodialed or pre recorded message calls or text messages at your telephone number(s) and/or emails. We may place such calls, texts and/or emails primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us or to communicate urgent messages. You agree that we, or our service providers, may contact you using autodialed or pre-recorded message calls text messages or emails to carry out the purposes we have identified above. We may share your contact details with service providers with whom we contract to assist us in pursuing these interests, but will not share the same with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Roadaz is required to obtain your consent for such communications, you may choose to revoke your consent.
You understand and agree that Roadaz may, without further notice or warning and in our discretion, monitor or record telephone conversations and/or texts or emails with you or anyone acting on your behalf has with Roadaz or its agents for quality control and training purposes. You acknowledge and understand that your communications with Roadaz may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through email@example.com.
In the event of a conflict or inconsistency between the explanation of insurance coverage in these Terms and an applicable insurance policy offered to the Roadaz community, the insurance policy language controls. In Malaysia, the applicable law regarding insurance policies are the laws of Malaysia.
PLEASE READ THIS SECTION CAREFULLY. Subject to applicable law, you and Roadaz agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in below section.
You agree that Malaysian Law, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute that has arisen or may arise between you and Roadaz.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ROADAZ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ROADAZ AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if a court decides that any part of this Agreement is invalid or unenforceable, the remainder of the Agreement and the Terms of Service will continue to apply.
Judicial Forum for Legal Disputes. You agree that any claim or dispute that has arisen or may arise between you and Roadaz must be resolved exclusively by a Malaysian court. You and Roadaz agree to submit to the personal jurisdiction of the courts located within Malaysia for the purpose of litigating all such claims or disputes.
OTHER LEGAL MATTERS
Roadaz Content and User Content License
Subject to your compliance with the provisions of these Terms, Roadaz grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Roadaz content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Roadaz or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs, reviews, feedback, and descriptions of your vehicle or trip. By making available any content on or through the Services, or through Roadaz campaigns, you hereby grant to Roadaz a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Services. Roadaz does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
You alone are responsible for using the photos of your vehicle (hereinafter referred to as ‘Images’) in connection with your Roadaz Listing and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Roadaz is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your Listing and you shall take no action to challenge or object to the validity of such rights or Roadaz’s ownership or registration thereof. You hereby acknowledge that Roadaz may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. At Roadaz’s request, you will execute documents and take such further acts as Roadaz may reasonably request to assist Roadaz to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
You understand that if Roadaz uses the term “Verified Images”, the term is intended only to indicate a photographic representation of the vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by Roadaz of any user or any vehicle. Likewise, Roadaz may, but does not commit to, undertake efforts to ensure the safety of vehicles booked on our community platform. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our policies that require vehicle owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to any safety recalls, and otherwise satisfy our eligibility requirements.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the Malaysian Copyright laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices to firstname.lastname@example.org
You may discontinue your use of the Services at any time and Roadaz may terminate your access to the Services for any reason or no reason. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and Roadaz may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
No Transfer or Assignment
Except as otherwise provided herein, travellers and vehicle owners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the Roadaz Services.
Roadaz provides services that enable vehicle sharing between the members of our car sharing community. Except as otherwise provided in these terms, Roadaz does not itself provide vehicle rental services and is not responsible for any of the acts or omissions of any of the users of its services, the vehicle manufacturer, or any third party provider of services (e.g. in-vehicle gps or other systems). The services are provided “as is”, without warranty of any kind, either express or implied. To the extent permitted by applicable law, without limiting the foregoing, Roadaz explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Roadaz makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Roadaz makes no warranty regarding the quality of any listings, vehicles, owners, travellers, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Roadaz or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver
To the extent permitted by applicable law, you waive any and all rights you have to sue or make claims against Roadaz and its respective subsidiaries, directors, officers, agents, or employees (the “roadaz parties”) and any Roadaz user and/or member for any damages or losses arising out of or in connection with your use of the services including, without limitation, a vehicle not being available when it was supposed to be, any malfunction of or deficiency in a vehicle, any breach of warranty or other obligation by any manufacturer or other third party, any personal injury or property damage suffered by you or any of your passengers and, in the case of the roadaz parties, any actions or inaction of the vehicle owner. Neither roadaz nor any other party involved in creating, producing, or delivering services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, from the use of or inability to use the services, or from your listing or booking of any vehicle via the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory.
To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Roadaz and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle; or the use, condition, or sharing of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle.
Roadaz does not appoint you or any other user as its employee, agent or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Roadaz and Roadaz will not make commitments on your behalf, except as contemplated by Services or expressly stated in this Agreement.
This Agreement states the entire understanding between you and Roadaz concerning your access to and use of the Roadaz Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of the Roadaz. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A Roadaz Director must agree to any modification or waiver of any term of this Agreement in writing. Roadaz’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Roadaz may have.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Except as otherwise provided in this Agreement, if any provision of these Terms of Service are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
ADDITIONAL TERMS FOR TRAVELLERS
The following Sections apply if you rent a vehicle using the Services:
Fees and authorization to charge
You are hereby bound and responsible for paying all fees when they come due. You authorize Roadaz to charge any payment methods on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the booking period.
Use of the Vehicle and Non Commercial Use
When you book a vehicle through Roadaz, you must use the vehicle only for your personal use and not for any commercial purposes. You may not access a vehicle until the beginning of your booking period and you must return the vehicle on time and in the correct location. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Roadaz has any concern about your use of a vehicle, Roadaz may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. If you have any concerns about your planned use, please contact email@example.com. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle, and your protection package may be voided. Travellers also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the traveller’s liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
Commitment to Condition of the Vehicle
You understand that third parties own the vehicles offered through the Services. Each owner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage and contact the Roadaz team immediately at firstname.lastname@example.org. If you find damage on your initial inspection and fail to report it, Roadaz may assume that the damage occurred during your booking period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; in that event, please contact the Roadaz team immediately at email@example.com.
Incident Reporting Procedure
You must immediately report any damage to the vehicle you are using to Roadaz at firstname.lastname@example.org, or INSERT PHONE NUMBER, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Roadaz or third party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Roadaz, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Roadaz staff.
The following conduct may result in the reporting of the vehicle you have rented as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage and/or protection package:
Roadaz, the vehicle owner and/or hired agent of Roadaz or the vehicle owner may repossess any vehicle being booked through the Services without demand, at the expense of the user using the owner’s vehicle, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
If a vehicle you have used through the Roadaz Services goes missing and/or is stolen during the rental period (or extension period), you, as the user using the owner’s vehicle, must immediately return the original ignition key to the owner; file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and cooperate fully with the vehicle owner, law enforcement, Roadaz, and other authorities in all matters related to the investigation.
ADDITIONAL TERMS FOR OWNERS
The following Sections also apply if you as an owner are sharing your vehicle through the Roadaz Services:
Information Given at Registration
When you sign up for Roadaz, you will identify passenger vehicle(s) that you want to share through the Services. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share.
Once a vehicle is booked, you must make the vehicle available or deliver the vehicle as expected by the traveller. If you offer the traveller the option to pick up your vehicle at a specified location, you must supply the location of the vehicle accurately to Roadaz and ensure that the vehicle is available at that location at the beginning of the rental period.
Pricing of vehicle at your discretion
You will have the ability to set and revise the vehicle’s cost at your discretion. Roadaz will disburse the amount collected from those who have used your vehicle through our Services, less the applicable fees payable to Roadaz. To the extent you owe Roadaz money for any reason, Roadaz also reserves the right to deduct those amounts from your payment.
You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor.
You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You agree to respond to any recall or similar safety notices and to complete any recommended action before allowing your vehicle to be used. In addition, if Roadaz believes that your vehicle does not conform to reasonable standards, Roadaz will notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved.
Incident Reporting. If you believe that a traveller has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the end of reservation) and to provide reasonable cooperation in the investigation of the damage.
Physical Damage. Roadaz has no financial responsibility for any damages to your vehicle.
Cancellation of reservation
If you wish to cancel your reservation, you must notify Roadaz by email at email@example.com or contact the owner at least 7 days prior to the start of your expected reservation. Roadaz may charge you a cancellation fee if you provide less than 7 days’ notice prior to cancellation, and a “no show” fee if you provide no notice at all. Roadaz may not be able to accommodate all reservation requests; please note that your reservation is not confirmed until you receive a confirmation from Roadaz.
Vehicle Availability and Condition
Once you make a reservation and drop off your vehicle at the designated parking lot/location, you are required to make the vehicle available for the entire duration of your reservation (the period of your reservation is the “Reservation Period”).
IF YOU RETURN BEFORE THE END OF THE RESERVATION PERIOD, YOUR VEHICLE MAY NOT BE AVAILABLE FOR PICKUP AND ROADAZ HAS NO OBLIGATION TO SUPPLY YOU WITH A TEMPORARY REPLACEMENT VEHICLE
Your vehicle must be registered, insured, in a condition suitable for rental, and empty of personal effects. Your vehicle must be roadworthy, safe, and clean and should have at least a half tank of gas when you drop it off. If your vehicle does not match the description you provided upon making a reservation, or if Roadaz otherwise believes in its sole discretion that your car is not suitable for use by a traveller, Roadaz reserves the right to cancel your reservation and charge you applicable fees.
Appointment of Roadaz
Roadaz will have the right of approving travellers and making your vehicle available to travellers during the booking period. Roadaz will have no liability and/or shall not be liable for any damage to your vehicle during the Reservation Period.
Roadaz shall bear no risk, liability and costs of theft, destruction, or damage with respect to your vehicle during the entire duration of the Reservation Period.