̑

Terms of Service

Introduction

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.

Kwikcar's Services include our mobile device software application and any other mobile or online services and/or applications owned, controlled, or offered by Kwikcar (collectively known as "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in the Kwikcar Privacy Policy.

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.

Eligibility

  1. The Renter must be between 21 to 75 years old and in possession of a full unrestricted Malaysian (or International Driving Licence) for a minimum of 2 years and the Renter must maintain a valid driver’s license at all times whilst using the Service.
  2. Users with licenses not recognized by the Road Transport Department of Malaysia (JPJ) must have a valid driving permit.
  3. Probational licence holders will not be accepted.
  4. The Vehicle may be driven during the duration of the booking only by the person named on the rental transaction.
  5. Any registration, use or access to the Service by anyone under 21 is strictly prohibited and in violation of this Agreement.
  6. The Owner must be the registered owner of the Vehicle, the Owner is responsible for ensuring that there are no restrictions on the Owner using the Vehicle for the purpose of Bookings.
  7. The Service is not available to any Users previously removed from the Service by Kwikcar unless Kwikcar has given you written notice of reinstatement.
  8. All Users must pass our Renter’s Eligibility Requirements and must provide all necessary documentation for determining eligibility throughout your use of the Service as may be determined by Kwikcar in its sole discretion. You acknowledge and agree that Kwikcar may change its Renter Eligibility Requirements at any time and for any reason.

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.

Kwikcar Accounts

  1. By applying for an account on the Service, you give us permission to disclose the information you provide during your application to third parties for verification purposes, and to obtain relevant additional information about you when necessary.
  2. Kwikcar may accept or reject an account application in our sole discretion for any reason. If you are accepted for an account, you acknowledge and agree to abide by the Renter Eligibility Requirements and/or Owner & Vehicle Eligibility Requirements whichever are applicable to your particular circumstances.
  3. Users with an account are collectively referred to in this Agreement as "Members". Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. Each transaction in which a Renter rents a car from an Owner via the Service is referred to in this Agreement as a "Rental".
  4. Your Member account is for your personal use only. You may not create a Member account on behalf of a business or entity unless provided express written authorization by the Service.
  5. You may not use another Member's account, permit anyone else to use your Member account, or assign or otherwise transfer your Member account to any other person or entity.
  6. When applying for and creating your account, you must provide accurate and complete information, and keep such information updated and accurate throughout the term of this Agreement.
  7. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kwikcar immediately of any breach of security or unauthorized use of your account. Kwikcar will not be liable for any losses caused by any unauthorized use of your account.
  8. By providing Kwikcar with your email address, you consent to Kwikcar using the email address to send you Service-related emails, including any notices required by law, in lieu of communication by postal mail.
  9. By providing Kwikcar your mobile phone number, you consent to Kwikcar using the phone number to send you Service-related messages. You may not opt out of Service-related emails or messages. We may also use your email address and/or mobile phone number to send you other messages, such as changes to features of the Service and special offers.

Service Rules

You agree not to engage in any of the following prohibited activities:

  1. Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping".
  2. Using any automated system, including without limitation "robots, "spiders, "offline readers, etc., to access the Service in a manner that sends more request messages to the Kwikcar servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that Kwikcar grants the operators of public search engines revocable permission to use spiders to copy materials from Kwikcar.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
  3. Transmitting spam, chain letters, or other unsolicited email.
  4. Attempting to interfere with, or compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
  5. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
  6. Uploading invalid data, viruses, worms, or other software agents through the Service.
  7. Collecting or harvesting any personally identifiable information, including account names, from the Service.
  8. Using the Service for any commercial solicitation purposes.
  9. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
  10. Interfering with the proper working of the Service.
  11. Accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
  12. Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

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.

User Conduct

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:

  1. Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations.
  2. Use the Service for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Kwikcar endorsement, partnership or otherwise misleads others as to your affiliation with Kwikcar.
  3. Dilute, tarnish or otherwise harm the Kwikcar brand in any way, including through unauthorized use of the Content, registering and/or using Kwikcar or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Kwikcar domains, trademarks, taglines, promotional campaigns or Content.
  4. Copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms.
  5. Infringe the rights of Kwikcar or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right.
  6. Use Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
  7. Use our Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Service.
  8. "Stalk" or harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Kwikcar Renter or Owner.
  9. Offer, as an Owner, any Vehicle rental that you do not yourself own or have permission to rent as an Owner.
  10. Users are not allowed to register for more than one Kwikcar Account or register for an Kwikcar Account on behalf of an individual other than yourself.
  11. Users are not permitted to submit any false information including name, date of birth, driver's license, credit card, insurance, or other personal information.
  12. The user is not permitted to submit a claim, or respond to a claim (for example about damage to a vehicle), with false or misleading information.
  13. You may not Rent or drive any vehicle without a valid, full unrestricted driver's license.
  14. Members may not contact another Member for any purpose other than asking a question related to a Booking, Listing, or the Member's use of the Service.
  15. Recruit or otherwise solicit any Renter, or Owner, or other Member to join third-party services or websites that are competitive to Kwikcar, without Kwikcar's prior written approval.
  16. Recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval.
  17. Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
  18. As an Owner, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honour.
  19. Engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Service.
  20. Post, upload, publish, submit or transmit any Content that:
    1. Infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
    2. Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
    3. Is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive.
    4. Is defamatory, obscene, pornographic, vulgar or offensive.
    5. Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
    6. Is violent or threatening or promotes violence or actions that are threatening to any other person.
    7. Promotes illegal or harmful activities or substances.
  21. Use, display mirror or frame the Service, or any individual element within the Service, Kwikcar's name, any Kwikcar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Service, without Kwikcar's express written consent.
  22. Access, tamper with, or use non-public areas of the Service, Kwikcar's computer systems, or the technical delivery systems of Kwikcar's providers.
  23. Attempt to probe, scan, or test the vulnerability of any Kwikcar system or network or breach any security or authentication measures.
  24. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Kwikcar or any of Kwikcar's providers or any other third party (including another user) to protect the Service.
  25. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information.
  26. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service.
  27. Advocate, encourage, or assist any third party in doing any of the foregoing; or
  28. Accept or make a payment for Rental Fees outside Kwikcar's available payment process. If you do so, you acknowledge and agree that you:
    1. Would be in breach of these Terms.
    2. Accept all risks and responsibility for such payment, and
    3. Hold Kwikcar harmless from any liability for such payment.

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.

Third Party Links

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.

Fees, Billing, Payments

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.

Insurance

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.

User Generated Content

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.

User Content

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.

Feedback

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.

No Agency Clause

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.

Copyright Clause

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.

Our Proprietary Rights

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.

DMCA Notice

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:

Limitation of Liability

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