The governing law for the Terms of Service is the law of Malaysia, irrespective of your current location or jurisdiction when accessing the Kwikcar Application.
Kwikcar is a platform for peer-to-peer car rental; this is provided by Kwikcar Technologies Sdn. Bhd. ("Kwikcar", "we", "us" or "our"). Kwikcar provides a Service which allows Owners to create a listing for their Vehicles and allows Renters to find out information about which Vehicles are available for rental. The Service provides a platform for Renters to book directly with Owners.
These Terms of Service ("Terms") describe the Terms and Conditions that govern the use of and participation in Kwikcar and its Services.
This legal notice applies to the entire contents of this booking engine. Please take the time to read these Terms of Service ('Terms') as by using this booking engine you indicate your acceptance of these Terms of Service. If you do not accept these terms, you are advised not to use this booking engine. By using any part of Kwikcar's booking engine, you shall be deemed to have accepted this legal notice in its entirety.
Kwikcar reserves the right, at its sole discretion, to modify the Service or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Service after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
It is important to note Kwikcar is not a party to the rental agreement between Owner and Renter, and Kwikcar does not have any control over, and is not responsible for the actions or conduct of either the Owner or the Renter. By agreeing to be bound by these Terms you accept and agree to this.
In using the Kwikcar App and Website, you understand that you are responsible, financially and otherwise, for all uses of Kwikcar by you and those using your login information. Kwikcar recommends you protect your login information.
You agree not to engage in any of the following prohibited activities:
Kwikcar may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Kwikcar's sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. All aspects of the Service are subject to change or elimination at Kwikcar's sole discretion. Kwikcar reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Kwikcar will not be liable to you for any interruption of the Service, delay or failure to perform.
You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to Your use of the Service. In connection with Your use of the Service You may not, and You agree that You will not:
The Owner agrees to cooperate with and assist Kwikcar in good faith (including responding promptly to communications) and provide Kwikcar with such information and take such actions as may be reasonably requested by Kwikcar in connection with any complaints, claims, charges or notices relating to the Owner’s Vehicle and listing.
The Owner, not Kwikcar, is solely responsible for honouring any confirmed booking requests and making the Vehicle available to satisfy the booking request.
When making a booking, the Renter should rely solely on the information provided on the Kwikcar App and Site, and any additional information communicated by the Owner to the Renter. Kwikcar may endeavour to provide additional information about the Vehicle upon request from the Renter, but it will not assume any liability for the accuracy or completeness of any such information.
Kwikcar has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Kwikcar may take a range of actions against you, including but not limited to deactivating or cancelling your Listing(s) or Kwikcar Account, for a violation of this Section or these Terms.
This booking engine may contain links to resources located on servers or websites operated by parties other than Kwikcar. If you use these links you will leave the booking platform (website, mobile application). Such hyperlinks are provided for your reference and convenience only.
The inclusion of hyperlinks on this booking platform to other websites or servers do not imply any endorsement of the material on such websites or servers (including but not limited to material relating to travel information or services) or any association with their operators.
Kwikcar does not control and is not responsible for such websites or the servers or the parties operating such websites or servers and accordingly Kwikcar accepts no responsibility or liability for any material contained on those servers or websites, or the accuracy or legality of information contained on other websites or servers.
You will need to use your own discretion when communicating and utilising services from these other websites or servers. If you decide to access any of the third party websites linked to the mobile platform application, or website, you do so entirely at your own risk.
You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service as stated within the mobile application. Kwikcar may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
Payments. Kwikcar has sole discretion in setting the Rental fees for each Vehicle and will process the Renters credit card, retaining a commission as stated within the mobile App. Kwikcar will remit such funds the Owner as provided in this section. Kwikcar will remit payments due to you hereunder no later than 30 days after the end of each successful booking. Payment shall be in the form of bank transfer.
Kwikcar reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending Kwikcar's reasonable investigation of such breach.
To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information.
Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Kwikcar in writing within thirty (30) days of any such payment; failure to so notify Kwikcar shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Kwikcar. No other measurements or statistics of any kind shall be accepted by Kwikcar or have any effect under this Agreement.
Collections. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. Members hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Kwikcar Inc. by Members. Such communication may be made by Kwikcar Inc. or by anyone on its behalf, including but not limited to a third party collection agent.
Kwikcar maintains insurance that provides certain coverage to Members for Rentals transacted through the Service. In the event that a Rental in which you participate as a Renter results in a claim covered by the Kwikcar Insurance, Kwikcar will make reasonable efforts to assist you in submitting a claim. Kwikcar does not guarantee the results of any claim submitted for coverage.
Kwikcar Content and User Content License. Subject to your compliance with the provisions of these Terms, Kwikcar grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Kwikcar 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 unless express written consent is provided by Kwikcar. 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 Kwikcar or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs, reviews, feedback, messages, and descriptions of your vehicle or trip. By making available any content on or through the Services, or through Kwikcar promotional campaigns, you hereby grant to Kwikcar 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 by means of or to promote or market the Services. Kwikcar 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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Kwikcar and you hereby irrevocably assign to Kwikcar your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Kwikcar's request and expense, you will execute documents and take such further acts as Kwikcar may reasonably request to assist Kwikcar to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Kwikcar does not appoint you or any other user as its employee, mandatary, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Kwikcar and Kwikcar will not make commitments on your behalf, except as contemplated by Services or expressly stated in this Agreement.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Copyright Act 2003. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Kwikcar Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Kwikcar and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Kwikcar Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Kwikcar under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Kwikcar does not waive any rights to use similar or related ideas previously known to Kwikcar, or developed by its employees, or obtained from sources other than you.
Since we respect artist and content owner rights, it is Kwikcar's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Kwikcar's as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KWIKCAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL KWIKCAR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KWIKCAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL KWIKCAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KWIKCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Kwikcar reserves the right to vary, supplement or amend the terms in this Terms and Conditions at any time, and any such variation, supplements or amendments shall be deemed part of the Terms and Conditions and take effect upon posting to this website and our provision of Goods and Services to you