Last modified: 16 October 2017
Important – please read these terms carefully. By using the Services (as defined below), you agree that you have read, understood, accepted and agreed with the Terms and Conditions. You further agree that the representations below are true and accurate. If you do not agree to or fall within the Terms and Conditions of the Services (as defined below) and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.
Article 1. Purpose 2
Article 2. Definition 2
Article 3. Amendment of Terms 4
Article 4. Membership 4
Article 5. Limitation of Liability 9
Article 6. Payment and Fees 9
Article 7. Payment 13
Article 8. Taxes 14
Article 9. Use of the Service Vehicles 14
Article 10. Insurance 22
Article 11. Termination 24
Article 12. Repossession of the Vehicle 27
Article 13. Privacy Protection 27
Article 14. Indemnification 28
Article 15. Substitution of Vehicle 29
Article 16. Miscellaneous 29
- Acceptable Use 32
- Updates 33
- Links to other websites 33
Article 1. Purpose
- The terms and conditions stated herein (collectively, these “Terms”) constitute a legally binding agreement between the Member and SOCAR MOBILITY MALAYSIA SDN, BHD. (Company No. 1223782-T) (the “Company”).
- The purpose of these Terms is to set out the rights, obligations and other necessary matters between the Member and the Company, and the procedures for the use of the Services, the Application and Website.
- The Company publishes the Terms on the Application and Website so that it is accessible by the Members. The matters that are not specified in these Terms shall be governed by the guidelines for the detailed use of the Services provided by the Company on the Application or Website from time to time, according to reasonable industry practices and standards, and subject to Malaysian laws and regulations.
- The Company may designate other applicable terms (the "Individual Terms"), guidelines and policies regulating usage (“Usage Policies”) for certain services. The Individual Terms and Usage Policies will be published on the Application and Website, and shall also be deemed to form part of these Terms.
Article 2. Definition
The following terms shall have the respective meanings, unless the context requires otherwise:
- “Account” means an account duly registered and maintained through the Application or Website that enables the Applicant to become a Member.
- “Affiliated Company” means any business partner, third party vendor, service provider or subsidiary of the Company.
- “Applicant” means any person who intends to register for an Account.
- "Application" means any application for mobile devices, which is owned and operated by the Company, and enables the Member to consume the Services.
- “CDL” means a Competent Driver’s License applicable for a driver operating the Vehicle who has passed at least the probationary stage defined under the applicable Malaysian local laws, or a valid international driving license, or international driving permit.
- “Credits” means credits for free usage of the Services granted to the Member.
- “Designated Driver” means the person that will be operating the Vehicle which includes the Member that has reserved the Vehicle and the additional person who may operate the Vehicle as selected by the Member in each reservation.
- “Designated Location” means the locations designated by the Company from which the Vehicle shall be collected or to which the Vehicle shall be returned, depending on the context in these Terms.
- “Fees” means the fees payable to the Company by the Member for the use of any Services, including the Rental Fees, Collision Damage Waiver, and Other Fees applicable.
- “Force Majeure Event” means any event beyond the control of the Company or the Members, including, without limitation, strikes, work stoppages, accidents, 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.
- “Intoxicants” means alcohol, drugs, stimulants, thinners or any other intoxicating substances or substances that will impair the Member’s ability to operate a motor vehicle.
- "Member" means a person who has a valid Account, provided accurate personal information to the Company, and who is in compliance of these Terms in order to use the Services. Where applicable, references to Members shall also include a Designated Driver. The term ‘Membership’ shall be construed accordingly and shall include the Member’s Account.
- “Other Fees” means the other fees payable to the Company as set out in Article 6.3.
- “PDPA” means the Personal Data Protection Act 2010 of Malaysia.
- “Personal Data” shall have the meaning ascribed to it under the PDPA.
- “Prohibited Area” means an area which motor vehicles are prohibited from parking in or an area where risks of damage or theft of a motor vehicles is significantly high.
- “Rental Fees” means the fees for renting a Vehicle.
- “Rental Period” means the amount of time a Vehicle is rented for.
- “Services” means the services offered by the Company or by an Affiliated Company through the Company, including car-sharing services, which are available through the Website or the Application.
- “Vehicle” means a vehicle reserved by the Member and rented by the Company to the Member.
- "Website" means the site of "https://www.socar.my" operated by the Company through which the Member may, among others, retrieve information about their Account and purchase the Services.
Article 3. Amendment of Terms
- Any future amendments, additions, revisions, replacements, modifications, and removal of these Terms will be published from time to time on the Website or the Application. The Member shall check this page and the Application from time to time to ensure that the Member is aware of the latest Terms. The latest Terms will replace any older versions of the Terms.
- The Company, in its sole discretion, may notify the Member with regard to any amendment of these Terms via the e-mail address provided by the Member during Account registration, if such amendments are deemed to be significant in nature.
- Continued use of the Services by the Member, or the non-termination of the Account for 30 days after the date such amendments take effect shall be deemed as an acceptance by the Member of the amended Terms.
- For the avoidance of doubt, the Company shall not be responsible for ensuring that the Member is aware of amendments to these Terms.
- Should the Member disagree with any amendments to these Terms, the Member shall not continue using the Services and shall notify the Company to terminate the Member’s Account immediately.
Article 4. Membership
- To use the Services, the Applicant shall first become a Member by registering for a valid and active Account on the iOS and Android Application or the Website.
- When registering for an Account, the Applicant will be asked to provide information that may include the Applicant’s Personal Data.
- All information provided the Applicant to the Company during this on-boarding process is regarded as representations by the Applicant, and shall be truthful and accurate.
- By registering for an Account, the Applicant represents and warrants that:
- The Applicant has read and understood these Terms;
- The Applicant has agreed to adhere to these Terms, which constitutes the Applicant’s agreement to be bound by these Terms that establishes a contractual relationship between the Applicant and the Company;
- The Applicant is legally capable of entering into a binding agreement;
- The Applicant is not in breach of any applicable laws or third-party rights by entering into a contractual relationship with the Company;
- The Applicant is duly authorized to enter into a legal, contractual relationship with the Company (if applicable);
- The Applicant is at least 21 years of age;
- The Applicant has a valid CDL; and
- The Applicant has read the Privacy Notice and has provided express consent for the Company to use the Applicant’s Personal Data in accordance with the Privacy Notice.
- Subject to these Terms, the Company may in its sole discretion, approve or reject any application to be a Member.
- The Member shall report to the Company in the event there is any change to the representations and warranties in the Article above.
- The Company reserves the right to decline the Applicant’s application, to suspend and/or terminate the Applicant’s use of the Services, in the circumstances below:
- If the Applicant is a former Member, and the Membership of the Applicant was terminated or suspended for any reasons whatsoever, and the Member has not obtained the written approval from the Company for the Applicant’s Membership to be re-instated;
- If the Applicant is unable to provide genuine photo identification upon request, or is deemed to be using false identification;
- If the Company is unable to verify the identity of the Applicant, and the Applicant fails to respond to any requests for verification by the Company;
- If the Applicant has provided false information;
- If the Applicant is under the age of 21;
- If the Applicant does not have a valid CDL;
- If the Applicant does not fulfill any of the aforementioned representations and warranties;
- If the Applicant has been denied coverage by any motor vehicle insurances; and
- If the Company believes that the Applicant should not be the Member for any reason whatsoever.
- If, in the sole discretion of the Company, it is deemed that the Applicant lacks the ability to pay the Fees or if the Company is concerned that making available the Services to the Applicant may be detrimental to the Applicant or the Company, the Company may request for any other additional personal or credit information from the Applicant.
- The Applicant will become a Member when the Account application process is approved and completed, upon which the contractual relationship between the Member and the Company commences.
- The Member is responsible for keeping the Member’s username, password and login details secure, and for preventing unauthorized access to the Member’s Account. The Member will be solely responsible for all the use of the Account, and any acts or omissions arising from the Member’s Account, whether or not such acts or omissions are authorized by the Member.
- If the Member becomes aware of theft and non-authorized use of the Member’s username or password by a third party, the Member shall immediately notify the Company and follow the instructions of the Company.
- The Company shall not be liable for any damages suffered by the Member in the Member’s violation of this Article.
- Withdrawal of Membership and Loss of Qualification
- The Member may request to withdraw the Member’s Membership or terminate the Member’s Account at any time either by e-mail notice to the Company, via in-app notification in the Application, or any method provided for on the Website, and the Company shall immediately terminate the Membership and Account upon payment of any Fees due to the Company.
- The Company may suspend or terminate the Membership or Account if the Member does any of the below:
- Failing to fulfill any obligation or liability in these Terms on the relevant due date;
- Interferes with other Members’ use of the Services;
- Threatens, annoy, abuse, or harass other Members;
- Misuse any information obtained through the Services;
- Fails to pay any Fees or has shown a record of late payment of Fees;
- Has a history of causing damage to the Vehicle; and
- Violates these Terms and other applicable laws and regulations.
- The Member may file an appeal in accordance with procedures established by the Company against any termination or suspension of the Services.
- Membership may be suspended or terminated at the discretion of the Company on the date of death or incapacitation of the Member, if brought to the Company’s attention.
- Voluntary termination of Membership will subject the Member to a 3-month restriction period from re-application of a new Membership, unless written approval of the Company to waive the restriction period is obtained by the Member.
- Credits for free usage of Vehicles may be granted on a promotional basis by the Company upon registration of an Account. Such Credits will not have any monetary value nor be refunded to the Member upon termination. The Member will not be granted any free credits upon re-application for new Membership.
- Any notices by the Company shall be given to the Member via:
- written correspondence to the physical address provided by the Member;
- in-app notification via the Application;
- publishing on the Website; or
- text message to the Member’s registered telephone number,
unless otherwise stipulated under these Terms.
- The Member shall not:
- do anything to breach, circumvent or contravene these Terms;
- commit or encourage a criminal offence;
- commit or encourage any fraudulent act;
- corrupt, exploit, mine, or steal information from the Services;
- conduct any unauthorized modification, alteration, or deletion of the Services;
- send or post irrelevant, illegal, or otherwise objectionable content or information (such as computer programs and advertisements) on the Website or through the Application;
- infringe intellectual property rights of the Company or the Affiliated Companies; or
- carry out any acts that damage the reputation and goodwill of the Company or the Affiliated Companies.
- The Member shall comply with related laws and regulations, the provisions of these Terms, the Individual Terms and Usage Policies related to the Services, and any independent terms and usage policies of the Affiliated Companies.
Article 5. Limitation of Liability
- If the Company cannot provide the Services due to an occurrence of a Force Majeure Event, the Company shall be exempted from any obligations under these Terms.
- The Company shall not be liable for any disruption in the use of the Services caused by any act or omission of the Member.
- THE SERVICES ARE 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 BY 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 LOSS OF 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 MEMBER OR OTHER MEMBERS THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT.
- Without prejudice to the foregoing, the Company’s liability shall be capped at to total Fees paid by the Member to the Company in the preceding 30 days of the date of the damage suffered.
- The Company shall not be liable for any transactions between the Member and any third party obtained through the Services.
Article 6. Payment and Fees
6.1. Price Policy
- The Member shall make payment for Fees by electronic payment (credit/debit card billing services from a reputable financial institution) or by other methods deemed acceptable by the Company in accordance with the following:
- The Member must register the payment card during the Account registration process or update the Account with valid card details.
- If the Member does not cancel a Reservation before the start of the Rental Period, the Member will be charged for the entirety of the Rental Period even if the Member does not use the Vehicle for the entire Rental Period.
- The Fees for any extension of the Rental Period applicable will be automatically charged to the registered payment card.
- The Company may take any additional actions as necessary to ensure any Fees due to the Company by the Member is recovered and such incidental costs shall be borne by the Member.
- Services to the Member shall be suspended until all the liabilities of the Member, including unpaid Fees, have been recovered by the Company.
- The Company reserves the right to suspend or terminate the Membership and the Services upon the Member’s failure to make payment for unpaid Fees.
- If the Member fails to comply with these Terms, the Company shall have the right to terminate the Membership, upon which any unpaid Fees shall become due and payable with immediate effect.
6.2. Damage to Vehicle & Loss of Use
- To the extent that such liability is not covered under any CDW or insurance stated in these Terms, the Member shall indemnify and compensate the Company for any loss of revenue or loss of use of the Vehicle damaged by the Member, in addition to any damages to the Vehicle caused by any act or omission of the Member. The damages payable to the Company for damage to the Vehicle shall be in accordance with the amount agreed upon at the beginning of the Rental Period or the actual amount required to repair the damage to the Vehicle, whichever is higher. Any damage to the returned Vehicle shall be presumed to be caused by the Member unless the Company has been alerted to such damage before acceptance of the Vehicle at the start of the Rental Period.
- To the extent that such liability is not covered under any CDW or insurance stated in these Terms, the Member shall indemnify and compensate the Company for any fines and legal fees incurred in relation to any violation of any laws or regulations by the Member.
- If damage is caused to the Vehicle due to any act or omission of the Member, and the Member is enrolled in the Collision Damage Waiver typically included in the Fees charged by the Company (details in Article 10.1 below), the Member shall only be liable for the excess amount set out in Article 10.1.
- In the event of an accident caused by the Member's fault, act or omission, the Member shall be liable for the Company’s loss of use of the Vehicle, calculated at the rate below:
“Number of days (or part thereof) needed to repair the Vehicle x 50% of the Rental Fee per day of the Vehicle”.
6.3. Other Fees
Mileage Allowance (covered by Rental Fees)
15 kilometer per hour or 150 kilometer per day, or 30 kilometer per hour or 300 kilometer per day, (depends on promotion) calculated on an accumulated basis.
Exceeding Mileage Allowance
RM 0.25 per excess kilometer.
10 to 30 minutes: RM 30 penalty + Rental Fees
over 30 minutes: RM 30 penalty + (2x Rental Fees per hour or every part thereof)
RM10 (per cancellation or rescheduling of reservation).
Refund and/or Cancellation Charges
- With more than 3 hours’ notice before start of Rental Period: Full refund with a no processing fee.
- With between 3 hours to 10 minutes notice before start of Rental Period: 90% Refund.
- With less than 10 minutes notice before start of Rental Period: No refund.
- Cancellation after start of the Rental Period: No refund.
Smoking in Vehicle
RM 300 penalty.
Damage caused to the Vehicle which is excluded from coverage under third party insurance. Rental Fee agreed upon at the beginning of the Rental Period or the actual amount required to repair the damage to the Vehicle, whichever is higher
Towing and Impounding
- No cost if Vehicle breakdown is not attributable to a Member’s act or omission;
- Full cost if Vehicle breakdown is caused by the Member’s act of omission.
Traffic and Parking Violations
Full payment of fines + RM50 service fee + 10% interest per month late in payment.
Overspeeding >= 130 KM/hr
- Full amount of fines imposed and RM30 penalty.
- Termination of Membership for repeated offence.
Overspeeding >= 150 KM/hr
- Full amount of fines imposed and RM 100 penalty.
- Termination of Membership.
Excessive Cleaning Required (Exterior and Interior)
RM 100 penalty.
Vehicle Doors, Boot, Windows or Bonnet Left Opened/Unlocked
RM 100 penalty.
Flat, Punctured or Damage to Tires
Full cost of replacement or repair, including any resulting damage to the wheels of the Vehicle.
Lights Left On/Flat Battery
Returning a Vehicle with fuel tank that is less than a quarter full
RM 100 penalty.
Loss of Fuel Card
RM 100 penalty.
Loss of Parking Card
RM 100 penalty with parking card reissue cost.
Failing to report to the Company a lost Vehicle or a break-in of a Vehicle
RM 300 penalty.
Not returning Vehicle to the Designated Location
RM 100 penalty.
Parking Vehicle in a Prohibited Area
RM 100 penalty plus any applicable fines.
Throwing garbage from the Vehicle
RM 100 penalty.
Unregistered Designated Driver penalty
RM 300 penalty.
Driving under the influence of Intoxicants
RM 300 penalty.
Failing to Notify Company of Damages in Vehicle and Accidents involving Vehicle
RM 100 penalty.
Emergency Roadside Services (“ERS”)
RM 100 penalty if arising from the fault of the Member
Loss of Use of Vehicle
Number of days (or part thereof) needed to repair the Vehicle x 50% of the Rental Fee per day of the Vehicle
Article 7. Payment
- The Member agrees to the Fees and payment and billing policies applicable to the Member’s use of the Services as stated in the Terms.
- The Rental Fees will be automatically charged to the Member’s registered payment card before the beginning of the Rental Period.
- Other Fees that are only ascertainable after the Vehicle has been returned to the Company will be charged to the registered payment card after the Rental Period.
- The Company reserves the right to impose a nominal and refundable pre-authorization or validation charges on the Member’s payment card.
- If the Company is unable to charge registered payment card of the Members, the Company will attempt to charge the registered payment card for 7 days. If the charges to the registered payment card is not successful after 7 days, the Company shall inform the member via SMS to the registered mobile number of the Member, upon which the Member shall make payment via an alternative payment card within 3 days. Failing to make payment will entitle the Company to suspend the Services to the Member or to terminate the Membership of the Member.
- For any dispute of payments made, the Member shall notify the Company in writing within thirty (30) days of any such payment; failure to do so shall result in the waiver by the Member of any claim relating to any such disputed payment. Payment shall be calculated solely based on records, measurements or statistics maintained by the Company.
Article 8. Taxes
- The Member agrees that this Agreement and Fees shall be subject to all prevailing statutory taxes, duties, charges and/or costs in connection with the Member’s use of the Services, however denominated, as may be in force and regarding any future taxes that may be introduced at any point of time.
- The Member further agrees to use best efforts to do everything 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 about the Services supplied under these Terms.
Article 9. Use of the Service Vehicles
9.1. Reservation of Vehicle
- The Member shall reserve the desired Vehicle and Services in advance through the Application or Website.
- The Member shall make a reservation of a Vehicle a minimum of 30 minutes before the Rental Period.
- While making a reservation, the Member shall confirm the Vehicle make and model, the applicable Fees, the Rental Period, the Designated Driver, and the Designated Location for collecting and returning Vehicles (“Terms of Reservation”).
- Any changes to the Terms of Reservation after confirmation of reservation or after the beginning of the Rental Period is subject to the Company’s approval.
- For long-term rent of a Vehicle (i.e. more than 1 month), the Member shall obtain prior approval from the Company.
- The Rental Period shall be a minimum of 30 minutes, and in further 10 minutes increments.
- The Member shall not assign the reservation to other Members or non-Members.
9.2. Cancellation of Reservation
- The applicable Refund and Cancellation Charges are as set out in Article 6.3 above.
- Subject to Article 11.3 (Cancellation and Wavier of Liability due to Force Majeure), no refund will be given if the Vehicle is not used for any and all portions of the Rental Period, even if the Vehicle is duly returned and where the Member cancels the reservation of the Vehicle during the Rental Period.
- Cancellation of a reservation shall only be made through the Application. The Member’s entitlement for refund in the event of cancellation of reservations as set out in Article 6.3.
9.3. Refusal of Services
The Company may refuse the Member the Services if the Member falls under any of the categories below, in which case the Fees paid will not be refunded to the Member;
- If the Member is under the influence of Intoxicants, or the Company has reasons to believe that the Member is under the influence of the Intoxicants;
- If the person collecting or returning the Vehicle is not the Member or a Designated Driver; and
- Any other reasons which, in the opinion of the Company, justifies a refusal of the Services to the Member.
9.4. Designated Driver
- Only Members can be a Designated Driver.
- There shall be a maximum of 2 Designated Drivers per Vehicle reservation, which includes the Member making the reservation and an additional Designated Driver who shall also be a Member).
- The Member may only register a Designated Driver during reservation stage, prior to the start of the Rental Period.
- The change or addition of a Designated Driver after confirmation of Reservation or during the Rental Period is not allowed.
9.5. Use of Vehicle by the Member
- To operate the Vehicle:
- The Member shall not be suffering from any physical infirmity and/or impairment of vision and hearing, defective vision or hearing, or any other physical or mental conditions which may impair the Member’s ability to operate the Vehicle in a safe and proper manner;
- The Member shall not be under the influence of Intoxicants;
- The Member shall not have been convicted at any time during the past 5 years for any traffic offences (in any jurisdiction), and it is the Member’s obligation to inform the Company of any such event;
- The Member shall not have been refused to be granted a motor vehicle insurance policy or have had a motor vehicle insurance policy cancelled, and it is the Member’s obligation to inform the Company of any such event; and
- The Member shall not have breached these Terms.
- The Member shall immediately inform the Company in the event there is any change in the status of the Member driver's license.
9.6. Reservation Process
The Member may extend the reservations of a Vehicle as follows, and shall incur additional Fees.
- Extension of Rental Period shall be done through the Application.
- The Rental Period of a Vehicle may be extended, subject to the availability of the reserved Vehicle (i.e., if the Vehicle is not reserved by other Members). The Company does not guarantee the availability of the Vehicle for any extended Rental Periods. Long term rental of a Vehicle for more than 1 month shall be subject to the prior approval of the Company.
- All extensions of the Rental Period shall be calculated in 10-minute increments from the end of the initial Rental Period.
- If the extension of the Rental Period of a reservation is approved, the Member shall pay the applicable Fees for the extended period.
- If the Member returns the Vehicle late without applying for extension of Rental Period, the Member will be charged an hourly penalty, as set out in Article 6.3
- Reservations are not assignable or transferrable.
9.7. Management of the Vehicle
- Member’s obligations while operating the Vehicle are:
- The Member shall promptly notify the Company of all signs of a possible breakdown or parts failure of the Vehicle, whether or not such signs are indicated by warning lights.
- The Member may not remove or allow to be removed any internal or otherwise integral parts of the Vehicle, including, without limitation, the black box or navigation system, for any reason whatsoever. Prior to the Member removing such parts, the Member shall first obtain the approval of the Company, and thereafter follow the instructions of the Company pertaining to the removal of such parts. In addition, if any abnormality of the device or parts is found, the Member should notify the Company immediately.
- The Member shall notify the Company immediately if the Vehicle is involved in any accidents, even if the Vehicle does not appear to be damaged.
- The Member shall not replace or allow to be replaced any parts of the Vehicle without prior approval of the Company.
- If the Member fails to notify the Company of any of the above, the Member shall be liable to pay Other Fees, as set out in Article 6.3.
- Vehicle Management and Expenses:
- The Member shall not carry out any maintenance or repairs of the Vehicle, except with prior approval of the Company.
- In the event a request to carry out maintenance of the Vehicle is approved by the Company, the Company shall reimburse the Member for the agreed costs of maintenance of the Vehicles.
- The Member shall submit receipts proving the costs incurred for Vehicle maintenance or repairs within 30 days from the date any such costs are incurred, failing which the Company shall not be liable to reimburse the Member.
- The cost of petrol for the use of Vehicle is included in Fee for only up to 15km or 30km (depends on promotion) per hour or 150km or 300km (depends on promotion) per day, and the cost of any petrol used in the excess of such distances shall be borne by the Members, as set out in Article 6.3
- When returning the Vehicle, the fuel tank shall be filled to at least 1/2 (or 50%) of the fuel tank, failing which the Company shall impose a fee as set out in Article 6.3.
- The Fuel Card which is provided for the Member’s use is typically located in the sun-visor of the Vehicle.
- The Member shall refuel the Vehicle with the Fuel Card.
- The Member shall only refuel the Vehicle with the appropriate type of fuel as indicated on the Vehicle or informed to the Member.
- If the Member is unable to use the Fuel Card due to any unforeseeable circumstances, the Member shall contact the Company before the refueling and obtain approval from the Company to refuel using the Member’s own cash or credit card.
- If the Member refuels with the Member’s own cash or credit card, the Member shall submit the receipt within 15 days from the date of refueling, failing which the Company shall not be liable to reimburse the Member.
- The Member shall not make the Fuel Card available to any third parties.
- The Member shall bear all legal liabilities resulting from the loss of the Fuel Card.
9.9. Vehicle Consumables
- The Member may purchase or replace the consumables of the Vehicle as stated below if necessary:
- car wipers;
- car light bulbs;
- window washer fluid;
- other parts and consumables.
- The Member may be reimbursed for the cost of replacing such consumables, subject to this Article.
- If the cost of such consumables exceeds RM30.00, the Member shall first obtain the prior approval from the Company. The receipts for such cost shall be submitted to the Company within the Rental Period, failing which the Member shall not be reimbursed.
- If the cost of such consumables is less than RM30.00, the Member shall submit the receipt and the Membership number of the Member to the Company by e-mail to the Company within 30 days from the end of the Rental Period.
- The Company reserves the right to deny reimbursement to the Member, if such costs are deemed by the Company to be unnecessary, not genuine, or for other reasonable justifications.
9.10. Prohibition of Use of Vehicle
- The Company shall have the discretion to report or notify the competent authorities if the Vehicle is used for, or the Company has reasons to believe that the Vehicle is used for, prohibited purposes other than the permitted use.
- Vehicles shall not be used for the purposes below:
- for any illegal purposes;
- for any morally-objectionable purposes;
- in contravention of these Terms;
- in a manner which will cause damage to the Vehicle;
- to be driven to a country outside of Malaysia; and
- for any commercial, non-personal purposes, including for use to provide ride-hailing and ride-sharing services, unless the prior approval of the Company is obtained.
- Furthermore, the Member shall:
- Not smoke or use electronic cigarettes in the Vehicle;
- Not transport pets except with a carrier (not applicable for service animals);
- Not forge or cover the license plate of the Vehicle;
- Not do any acts that will infringe or jeopardize the Company’s ownership of the Vehicle, including, without limitation, renting out the Vehicle, using the Vehicle as collateral, or selling the Vehicle;
- Not use the Vehicle to tow any other vehicles or heavy objects; and
- The Company reserves the right to refuse the Services to any Member who contravenes these Terms.
9.11. Violation of Traffic Laws
- The Member shall be responsible for any violation of applicable laws (traffic or otherwise) while operating the Vehicle and/or using the Services.
- The Member is obliged to pay penalties, fines, etc. imposed by the authorities in full, in addition to a penalty imposed by the Company in Article 6.3, and shall indemnify the Company of the same.
- The Member shall report any violation of the laws from the operation of the Vehicle to the Company.
- All liability for breaches not reported under this Article shall be deemed to have been as a direct result of the acts or omissions of the Member who rented the Vehicle at the time of the violation.
9.12. Vehicle Collection and Return
- The Member shall collect the reserved Vehicle from the Designated Location.
- The Member shall return the Vehicle to the Designated Location.
- Notwithstanding the provisions of this Article, if the Member returns the Vehicle to a location other than a Designated Location, the Member shall immediately notify the Company via email notification or in-app notification via the Application or by contacting the Socar Customer Centre at email@example.com.
- If the Vehicle is returned in a location other than a Designated Location or in a Prohibited Area, the Member shall be liable to pay applicable penalty as stated in Other Fees.
- When the Member collects the Vehicle, the Member shall inspect the interior and exterior of the Vehicle for any abnormalities or damages.
- The Member must notify the Company of any abnormalities or damages in the Vehicle before accepting the Vehicle.
- Failure to notify the Company as set out above will render the Member liable for causing any damage discovered to the Vehicle upon return.
- When returning the Vehicle, the Fuel Card, the keys of the Vehicle, and the parking card shall be in the designated places in the Vehicle.
- After returning the Vehicle to the Designated Location, the Member shall press both the “Lock the Door” and “Vehicle Return Button” in the Application, failing which the Member shall be liable to pay any penalties or other Fees imposed by the Company.
- The Member shall return the Vehicle in its original condition as confirmed at the beginning of the Rental Period, with exception for fair wear and tear occasioning from normal, reasonable use.
Article 10. Insurance
The Company maintains insurance that provides limited coverage to the Member for the use of the Services and the Vehicle, under which the Member shall make reasonable efforts to assist the Company in submitting a claim. However, the Company does not guarantee the results of any claim submitted for coverage under the Company’s insurance.
The Fees of the Vehicle is inclusive of an insurance coverage of the Member for unlimited liability for death or injury to third parties, and property damage liability up to RM3,000,000.00 only on a per occurrence basis, subject to Collision Damage Waiver (or “CDW”, detailed below) (“Insurance”). This Insurance coverage shall only be effective if the Member and/or the Designated Driver:
- lodges a police report on the accident; and
- reports the accident to the Company,
within one (1) hour from the time of the accident.
10.1. Collision Damage Waiver (“CDW”)
CDW will be offered to the Member typically as part of the Fees to be paid by the Member depending on the Vehicle. The CDW covers damage to the Vehicle which is not caused by the Member’s act or omission, and the Member shall only be liable to make payment for the excess amount below:
Perodua Axia or Similar
up to 2,000
Honda New City or Similar
up to 3,000
Honda HR-V or Similar
up to 3,000
BMW MINI or Similar
up to 5,000
10.2. Applicability of CDW
- The Member shall lodge a police report within one (1) hour of the loss, damage or theft of the Vehicle.
- Where applicable, the Member shall obtain the names, identity card or passport number and addresses of all parties involved, including any witnesses.
- The Member shall not enter into any settlement relating to the loss, damage and/or theft of the Vehicle without the prior approval of the Company.
- The Member shall safeguard the Vehicle and ensure the Vehicle is secured (e.g. only parking in guarded parking lots, not leaving the Vehicle unlocked, not leaving any valuables in the Vehicle).
- The Member shall promptly notify the Company of such loss, damage or theft of the Vehicle and shall submit a duly completed “Accident Report Form”.
- The Member shall deliver all correspondence, writs or documents of any kind received by the Member relating to such accident involving the Vehicle and shall fully cooperate with the Company in the investigation and defense of any claim, prosecution or suit.
10.3. Limit of CDW
CDW shall not be applicable if the Vehicle has been driven or operated in violation of these Terms or otherwise negligently or recklessly, and the Member shall be liable to pay Company the FULL costs of the damaged or stolen Vehicle and/or part(s) thereof, including but not limited to the replacement, repair, labour, towing and storage costs as well as Company’s loss of use of the Vehicle.
10.4. Extra Payment
- In the event of the Member is involved in a traffic accident while operating the Vehicle, and the Member is deemed at fault following a police investigation, the Company shall have the right to charge to the Member’s designated payment card immediately on the excess fees, costs, or damages.
- The Member shall be responsible for any damage or loss of property of the Company (including any accessories) or any damage or loss of the Member’s personal property during the Rental Period.
- If an accident occurs and the damage sustained by the Vehicle is not under the coverage of the insurance policy or CDW provided by the Company, the Member is responsible for all costs of damage or loss of the Vehicle to the Company.
- The Member is liable to compensate the loss or damage to the Company even if the loss or damage of the Vehicle occurred within the Rental Period due to a Force Majeure Event, if the same is not covered under the Company’s insurance policy or CDW.
10.5. Theft Liability
If the entire or part(s) of the Vehicle is stolen during the Rental Period, the Member shall be liable for the costs of replacing the stolen Vehicle or part(s) stolen from the Vehicle full cost of replacement and, or repair, including for loss of use of the Vehicle by the Company.
10.6. Emergency Roadside Service (ERS)
- The Member may request ERS provided by the Company in case of a Vehicle breakdown.
- If the Member requests urgent ERS due to a breakdown of the Vehicle caused by any act or omission of the Member, the Member shall pay the applicable costs and Company shall impose the applicable penalty as set out in Article 6.3.
Article 11. Termination
11.1. Termination of Account or Services
- The Company may suspend or terminate the Account or the Services of the Member for any of the reasons below, pursuant to which the Member’s obligations under these Terms shall survive the termination of the Services:
- The Member breaches these Terms, and if such breach is capable of remedy, the Member fails to remedy the breach after notice by the Company;
- When the Member's information is found to be false or incorrect;
- When the Member does not pay the applicable Fees or Other Fees in a timely manner, or the charges to the designated payment card cannot be completed;
- When the Member’s driving license is or becomes suspended or invalid during the Rental Period;
- When the Member causes a traffic accident;
- When the Member operates the Vehicle while under the influence of intoxicants;
- When the Member operates the Vehicle in a manner which will cause damage to the Vehicle;
- When a person other than a Member or a Designated Driver operates the Vehicle;
- When the Member breaches any laws or regulations; and
- When the Member does anything which damages the goodwill or reputation of the Company.
- If the Account or Services is suspended or terminated pursuant to this Article, the Company will not refund the any Fees paid by the Member.
- Upon termination under this Article, the Member shall return the Vehicle immediately.
11.2. Termination of Reservation due to Defects
- If the Vehicle cannot be used due to substantial pre-existing defects that would render the operation of the Vehicle unsafe, the Member may cancel the reservation.
- If the reservation is cancelled pursuant to this Article, the Company shall refund the Fees to the Member in full upon the Company verifying the existence of such pre-existing defects in the Vehicle.
11.3. Cancellation and Waiver of Liability in a Force Majeure Event
- If the Member is unable to use the Vehicle due to a Force Majeure Event, the reservation may be terminated upon notice by the Member.
- If the reservation is cancelled before the start of the Rental Period, the Company will refund the Fees to the Member.
- If the reservation is cancelled during the Rental Period, the Company will not refund the Fees to the Member.
- If the Member is unable to return the Vehicle at the agreed time or if the Vehicle is damaged due to a Force Majeure Event, the Company may waive any liability of the Member, subject to the Member promptly contacting the Company and cooperating with the Company’s directions and requests.
- The Company shall not be liable to the Member if the Company is unable to make a Vehicle available due to a Force Majeure Event.
11.4. Change and suspension of Company's Services
- The Company may change the Services in cases where it is deemed that the provision of the Services at its current form is no longer commercially viable or a change in the regulatory regime has rendered offering the Services illegal. The Company will use reasonable efforts to notify the Member via email or the Application 30 days before the date the changes are put into effect.
- The Company may suspend some or all the Services if any of the following cases occurs:
- In cases where there is a possibility of occurrence of a Force Majeure Event;
- If telecommunication services are disrupted;
- If the Company is undergoing repair, inspection, routine maintenance, replacement, or facing disruptions in the information and communication equipment of the Company;
- If the Services are provided through an Affiliated Company, the Services being changed or suspended by the Affiliated Company;
- Any other reasons that impair the ability of the Company to provide the Services.
- The Company reserves the right to change, replace, or to suspend the provision of the Services.
- The Company shall not be liable to the Member for any disruptions in the provision of the Services.
Article 12. Repossession of the Vehicle
12.1. Failure to Return Vehicle
- The Company may take any lawful actions necessary for the re-acquisition or re-possession of the Vehicle if the Member does not return the Vehicle to the Designated Location within 3 hours from:
- the end of the Rental Period or extended Rental Period, or
- the Member receiving a return request from the Company.
- The Company reserves the right to contact or track the location of the Member who fails to return the Vehicle by whatever means necessary, including via the location tracker in the Vehicle, for the purposes of ascertaining the location of the Vehicle. The Company may also visit residential or office address of the Member who fails to return the Vehicle.
- The Company may take other necessary measures such as reporting the Vehicle as stolen to the police if the Company is unable to reach the Member and/or the Member refuses or fails to return the Vehicle within 48 hours from the end of the Rental Period, and the Company may immediately commence legal action to recover its costs and losses against the Member.
12.2. Lost and Found
- The Company operates the lost-and-found storage within the Company and takes all necessary steps to keep any found items in a returned Vehicle for a period not exceeding 7 days, upon the expiry of which the Company may dispose of the items in a manner the Company deems fit.
- If the Member is unable to find a lost item in the Company’s lost-and-found storage, it is recommended that the Member lodge a police report, and under no circumstances will the Company be liable to the Member for any lost items.
- For the avoidance of doubt, the Company shall not be responsible for any lost or damaged personal items of the Member suffered while using the Vehicle.
Article 13. Privacy Protection
13.1. Right to Record and Track Location
- The Company reserves the right to record in video format, the operation of the Vehicle by the Member through a camera attached to the interior of the Vehicle. The Company shall own all content on such video recordings and may review the video recording for the primary purpose of identifying the cause of the any accident in the event of any disputes.
- The Company reserves the right to track the location of the Vehicle and monitor the use of the Vehicle via a location tracker or a video camera installed in the Vehicle, the installation of which the Member shall be notified.
13.2. Use and provision of personal information
- The Company shall use personal information only in compliance of the PDPA, as set out in the Privacy Notice.
- The Company shall have a security system to protect and secure information provided by the Member (including Personal Data and credit information), according to the Privacy Notice.
13.3. Consignment of personal information
The Company may entrust some or all its business to third parties in accordance with the Privacy Notice only with the consent of the Member, if necessary, to deal with the handling and management of collected personal information, as set out in the Privacy Notice.
Article 14. Indemnification
The Member 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 third-party claims, losses, liability, fines, penalties, damages, legal fees and or costs arising from:
- the Member’s use of the Services;
- the Member’s dealings with other Members or with third parties including but not limited to the provision of any e-hailing or ride-sharing services by the Member using the Vehicle;
- the Member’s breach of applicable laws and regulations of Malaysia or any other country;
- the Member’s breach of third-party rights including any right of privacy, publicity rights or intellectual property rights;
- the Member’s breach of these Terms;
- the Company’s reasonable actions taken to repossess the Vehicle; and
- any other party’s access and use of the Services with the Member’s unique username, password, or other appropriate security code.
Article 15. Substitution of Vehicle
- If the Company is unable to rent a Vehicle reserved by the Member, the Company shall strive to make available to the Member a Vehicle of a substantially similar make and model (“Substitute Vehicle”).
- If the rental rate of the Substitute Vehicle is higher than the rental rate of the Vehicle reserved by the Member, the rental rate of the reserved Vehicle will be applicable for the reservation.
- In the above circumstances, the Member may decline to rent the Substitute Vehicle, in which case the Company will return or refund the full amount of the Fees to the Member.
Article 16. Miscellaneous
16.1. Responsibility of an Affiliated Company
- The Company and its Affiliated Companies are separate entities and operate independently from the Company.
- The Company shall not be responsible for any dealings between the Member and the Affiliated Companies.
16.2. Intellectual Property
- The Company is the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on or of the Services (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 or through the Services.
- The Company grants the Member, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Services for the Member’s own personal and non-commercial use. This license is revocable at any time without notice to the Member or liability to the Company. All rights not expressly granted to the Member are reserved by the Company.
- The Member shall not copy, transmit, publish, distribute, broadcast or reveal any intellectual property to any third parties without prior consent of the Company.
- Use by the Member of the content or materials owned by the Company or made available through the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
16.3. Management of Posts
- The Company reserves the right to review all posts submitted to the Services by the Member, at any time and for any reasons whatsoever.
- The Company does not guarantee the confidentiality of the posts submitted by the Member.
- The Member shall be solely responsible for the posts and consequences of submitting and publishing the posts.
- The Member agrees to not submit posts that are defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, hateful, 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 Services.
- The Company reserves the right to remove, delete, and/hide any posts submitted by the Member in the Company’s sole discretion.
16.4. Intellectual Property in the Member’s Posts
- The Member affirms, represents and warrants that the Member owns or have the necessary licenses, rights, consents, and permissions to publish and submit the posts.
- The Member licenses to the Company all relevant intellectual property and proprietary rights in and to the posts for publication on the Services.
- By submitting any posts, the Member agrees that such disclosure is gratuitous, unsolicited, and without restriction and will not place the Company under any obligation, and that the Company is free to use the post without any additional compensation to the Member, and/or to disclose the post on a non-confidential basis or otherwise to anyone.
16.5. Governing Law and Agreed Jurisdiction
- These Terms shall be governed by the laws of the Malaysia.
- The Member and the Company submits to the exclusive jurisdiction of the Malaysian courts.
- Prior to commencing any legal action, the Member and the Company shall first attempt to settle a dispute expeditiously and in good faith.
16.6. Entire Agreement
These Terms shall constitute the entire agreement of the Company and the Member and supersede all preceding and contemporaneous agreements between the Company and the Members. Any waiver of any provisions of these Terms will be effective only if in writing and signed by both the Company and the Members.
16.7. No Transfer
The Member shall not transfer any of its rights or obligations under this Terms to any other parties without the consent of the Company.
16.8. No Waiver
No failure to exercise or any delay in exercising any right of remedy by the Company under these Terms shall operate as a waiver thereof.
If any provisions of these 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.
These Terms will be effective on the 11h of October 2017.
This Terms & Conditions are subject to change without prior notice.
of SOCAR MOBILITY MALAYSIA
- Acceptable Use
You shall use the Website and the Application in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within Malaysia or other jurisdiction from which you are accessing the Website and the Application.
You shall not use the Website and Application:
- to commit or encourage a criminal offence;
- to transmit or distribute a virus, trojan, worm, logic bomb, keystroke logger, spyware, or any other material which is malicious, technologically harmful, in breach of confidence, in breach of personal data protection laws in any jurisdiction, or in any way offensive or obscene;
- in any manner that could damage, disable, overburden or impair any of our servers, the networks connected to our servers, or interfere with any other party’s access and use of the Website and Application;
- to attempt to gain unauthorized access to the Website and Application, other Member’s Accounts, computer systems or networks connected to our server, or information not intentionally made available on or through the Website and Application, through hacking, password mining or any other means;
- to interfere with the proper operational integrity of the Website or Application or any other activities conducted on the Website and Application;
- to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website and Application;
- to license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any unauthorized third party the Website and Application in any way;
- to link to, mirror, or frame any portion of the Website and Application;
- to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website and Application;
- to corrupt, mine or steal any data from the Website, the Application, or the other Members;
- to cause annoyance to other Members;
- to infringe upon the rights of any other person’s proprietary rights;
- to send any unsolicited advertising or promotional material, i.e. spam;
- to send and/or transmit any information or material which, in our opinion, is morally objectionable;
- to upload or circulate content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.
and any of the breaches above are grounds for immediate termination of the Account.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website and Application.
We may make updates, improvements or changes to the information, services, products and other materials on the Website and Application, or terminate the Website and Application, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on the Website and Application. Accordingly, your continued access or use of this Website and Application is deemed to be your acceptance of the modified Terms and Conditions.
- Links to other websites
The Website and Application may include links to other internet sites and iOS, Android Application. We do not endorse any such links and we are not responsible for the information, material, products or services contained on or accessible through those links. Your access and use of such links remains solely at your own risk.