DRIVEO Terms of Use (ToU)
For the purpose of this section, mentioned below as the “Agreement”, it shall constitute a legally binding contractual relationship between you and DRIVEO, hereinafter referred to as “DRIVEO”, “we”, “us”, or “our”. This Agreement governs your use of the DRIVEO platform, henceforth known as “the Platform”. By entering into this Agreement, you acknowledge that you have read, understood, and accept the entirety of its stipulations.
BY USING DRIVEO, YOU ARE CONFIRMING THAT YOU HAVE ACCEPTED AND AGREED TO OUR TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AS PER CONTAINED IN THIS AGREEMENT, WE REGRET TO INFORM THAT YOU MAY NOT USE OR ACCESS THE PLATFORM.
1. DRIVEO
DRIVEO presents an integrated fleet management system and marketplace platform (hereunder referred to as “the Service”). What this Service facilitates is a dynamic environment where individuals or companies (referred to as the “DriveoUser”) offer fleet management, car-sharing, and car with driver services to those in need of transportation to specific destinations (“Customers”).
Collectively, the DriveoUser, Customers, and Partners make up the entire “DriveoUsers” database of the Platform. DRIVEO essentially creates and establishes meaningful connections with DriveoUsers, enabling them to manage their fleet or businesses and deliver services to Customers seamlessly via the Platform. DRIVEO is under the operation, management, and ownership of Wahdah Technologies Sdn Bhd, a company headquartered at No. 9, Jalan MH 3, Taman Muzaffar Height, 75450, Ayer Keroh, Melaka, Malaysia. For any inquiries or further assistance, we can be reached via email at support@wahdah.my
2. Amendment to the Agreement
The provisions outlined in this document, henceforth referred to as “the Terms”, form a legally enforceable covenant between you and DRIVEO. We retain the authority to amend these Terms at any given time without prior notification to DriveoUsers. These amendments will come into effect immediately upon their publication. Your acceptance of this Agreement signifies your agreement to these changes. The revised Terms will remain in effect as long as the DriveoUser continues using the Platform.
3. Eligibility
The DRIVEO platform is open to all individuals and companies who possess legal ownership or rightful custody of one or more vehicles. As the DriveoUser, you affirm that you meet all legal eligibility requirements under prevailing laws. Furthermore, you assert that you possess the necessary authority and capacity to comply with all of the conditions as set out in this Agreement, both on a personal level and on behalf of any entity that you may represent.
4. Terms of Use
In order to be able to use the Platform, DriveoUsers will be required to create an account, register personal information including banking and/or credit card details. To ensure seamless and real-time communication, DriveoUsers are also required to install the Telegram application on their smartphones for interaction with DRIVEO representatives. DriveoUsers are strictly prohibited from sharing their user IDs, personal passwords, or any information that could potentially grant access to the Platform. Moreover, DriveoUsers must not permit others to use their accounts, agreeing to be the sole authorized user. DRIVEO will not be held accountable for any misrepresentations or misconduct on the Platform resulting from the DriveOUser's failure to protect sensitive information.
To fully leverage on the Platform's features, DriveoUsers must have access to electronic devices such as desktops, laptops, smartphones, or tablets with an internet connection. As the Platform is an online application, any browser is suitable for access and operation. DRIVEO shall not be held responsible for any disruptions, disconnections, or inability to access the Platform for whatsoever reason. However, DRIVEO will strive to ensure the Platform's constant availability for DriveoUsers. The Platform is free to use upon successful registration. The completion of registration is contingent upon the providing of necessary information by the DriveoUser, which must be accurate and valid. Any misrepresentation or misleading information provided by the DriveoUser will be deemed a breach of the Agreement, resulting in immediate denial of access to the Platform. DRIVEO reserves the right to refuse or terminate any DriveoUser at its sole discretion and for whichever reason. This right also extends to DriveoUsers, who may close their accounts at any time.
5. Intellectual Property (IP)
Any and all intellectual property rights pertaining to the Platform and its contents thereof are unequivocally and exclusively owned by DRIVEO. This encompasses but is not limited to, database rights, copyrights, designs (registered or unregistered), and trademarks (registered or unregistered). Any other trademarks, logos, service marks, company or product names featured on the Platform are the property of their respective DriveoUser. You acknowledge and agree that any content uploaded (such as company profile pictures, etc.) or any feedback, questions, suggestions, ideas, comments, or other information (“Submissions”) provided by the DriveoUser on the Platform are non-confidential and shall become the exclusive property of DRIVEO. Our logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks, or trade dress of DRIVEO in Malaysia and/or other countries (collectively referred to as “DRIVEO Trademarks”). The DriveoUser is strictly prohibited from modifying or altering any of DRIVEO's intellectual property rights.
You hereby agree not to: -
6. Restrictions on Activity
DriveoUsers are obligated to use the Platform strictly for legitimate purposes only. It is incumbent upon the DriveoUser to ensure that they do not, either intentionally or inadvertently, violate any local, national, or international laws or regulations. This includes but is not limited to, laws pertaining to copyright, trademark, obscenity, privacy, and information security. DriveoUsers are also beholden to refrain from knowingly introducing any harmful programs, viruses, or files into the Platform. Likewise, they are expected to exercise reasonable care to prevent such occurrences, whether intentional or accidental. Additionally, the DriveoUser is expressly prohibited from engaging in any activities that may compromise the integrity of the Platform. This includes but is not limited to, reverse engineering, decompiling, disassembling, or any other attempts to uncover the source code or underlying ideas or algorithms of the Platform, either directly or indirectly.
7. Personal Information
DRIVEO, as the data controller, may collect certain personal data (hereinafter referred to as "Data") from DriveoUsers for security and operational purposes. This Data, collected upon registration with DRIVEO, may include but is not limited to, identity, company profile picture, email address, and company details such as office location. The primary purpose of processing this Data is to manage and operate the DriveoUser's account on the Platform. In addition, the email address provided may be used to communicate any changes or updates related to services offered. Sensitive Data, including bank account or credit card information, will also be collected upon registration. This information will be used exclusively to process payments collected by DRIVEO and reimburse the DriveoUser. On the other hand, the DriveoUser reserves the right to access and rectify their Data at any time. This can be done through their DRIVEO account or by directly contacting DRIVEO. Any information provided, published, or posted to the Platform, or shared with another DriveoUser (including in-application feedback, email communications, or DRIVEO-related social media postings) will be considered as consent from DriveoUsers for DRIVEO to use this information for account creation and management on the Platform.
8. Disclaimers
DRIVEO offers its services on an "as is" basis, without any explicit or implicit guarantees concerning the quality, accuracy, correctness, relevance, merchantability, suitability for a specific purpose, or non-infringement. To the maximum extent allowed by law, neither DRIVEO nor its management, employees, or contractors provide any explicit or implicit guarantees regarding the operation of services. This includes but is not limited to, the Service's availability at any given time or location, its uninterrupted operation, freedom from viruses or errors, and the correction of any potential errors.
9. Communications with DRIVEO
As the DriveoUser, you consent to engage in various forms of communication with us. This encompasses receiving emails, text messages, phone calls, and push notifications across various app messengers, including but not limited to platforms such as Telegram and WhatsApp. Furthermore, you acknowledge and accept that some of these communications may be facilitated through automated dialing systems, including text messages, calls, or prerecorded messages.
10. Indemnity
In your capacity as the DriveoUser with DRIVEO, you agree to safeguard, indemnify, and absolve DRIVEO, including our affiliates, subsidiaries, parent companies, successors, and assigns, as well as each of our respective officers, directors, employees, agents, and shareholders. This very same exemption shall extend to any losses, costs, liabilities, and expenses (inclusive of reasonable legal fees) that may arise from or relate to your role as the DriveoUser, including any breach of this Agreement or any violation of laws or third-party rights on your part. This indemnification applies irrespective of any party's negligence, including any person indemnified under this clause.
11. Liability
Under no circumstances shall DRIVEO, including all of its affiliates, subsidiaries, parent companies, successors, and each of our respective officers, directors, employees, agents, or shareholders (hereinafter collectively referred to as “DRIVEO” for the purpose of this clause), bear any liability towards you for any incidental, special, exemplary, punitive, consequential, or incidental damages. This includes but is not limited to, damages resulting from corruption, loss of programs, deletion, failure to store any data, or loss of data maintained by the Platform.
12. Severability
Should any provision under these terms be deemed invalid or unenforceable for any reason whatsoever, the remainder of the Terms shall be kept in full effect, both valid and enforceable as though the invalidated or unenforceable provision had not been included therein.
13. Waiver
Should DRIVEO fail to uphold any right or provision stipulated within the Terms, it shall not be deemed a waiver of that particular right or provision.
14. Confidentiality
As a trusted partner, you commit to taking all reasonable measures in safeguarding the confidentiality of DRIVEO's proprietary information, which encompasses technical, financial, strategic, and other confidential details pertaining to our business, operations, and properties (hereinafter referred to as “Confidential Information”). This information, disclosed to you by DRIVEO, must be handled with the utmost discretion. You are obliged not to disclose, or allow the disclosure of, any Confidential Information to third parties, and to ensure it remains strictly confidential, preventing any possibility of it entering the public domain.
15. Relationship with DRIVEO
By entering into this Agreement, you hereby acknowledge and consent to a direct business relationship with DRIVEO. This relationship is strictly defined as one between independent contracting parties. It is important to clarify that this Agreement does not constitute an employment contract, and as such, does not establish an employer-employee relationship between you and DRIVEO. This Agreement does not create a joint venture, franchisor-franchisee, or agency relationship. You are not authorized to make any commitments on behalf of DRIVEO, and you are expressly prohibited from representing yourself as an employee, agent, or authorized representative of DRIVEO. Moreover, this business relationship does not entitle you to any benefits typically associated with employment, such as vacation or sick leave payments. You are also not eligible to participate in any plans, arrangements, or distributions related to bonuses, stock options, profit sharing, insurance, or similar benefits designed for DRIVEO's employees.
16. Warranty and Representation
By engaging with DRIVEO, you affirm and guarantee your compliance with all relevant laws and regulations. This includes but is not limited to, copyright and trademark laws, as well as anti-spam legislation. You further commit to refrain from using the Platform or any associated elements of DRIVEO for any unauthorized or illegal purposes.
17. Obligation(s) relating to Dispute Resolution and Legal Proceedings
The DriveoUser information we have gathered may be utilized to investigate and resolve any allegations or disputes pertaining to your use of our Platform and its services. This is in accordance with the permissible boundaries of the law, or as mandated by regulatory bodies, governmental entities, court orders, or official investigations. In every instance where the DriveoUser information is employed as described in this clause, DRIVEO pledges to uphold the confidentiality of such information. We will exhaust all reasonable measures to prevent any unwarranted disclosure and to safeguard the confidentiality of the information.
18. Compliance with Regulations by Government Authorities
DRIVEO may disclose your information if deemed necessary by law, regulation, operational agreement, legal proceedings, or governmental directives, or when such disclosure is deemed appropriate due to safety or related concerns. This encompasses the provision of your information to law enforcement, governmental authorities, or other relevant third parties to uphold our Terms of Use (ToU) agreement, or other policies, safeguard DRIVEO's rights or assets, or the rights, safety, or assets of others, or in the event of a claim or dispute pertaining to your use of the Service. Should you use another individual's credit card, we may be legally obligated to disclose information to the cardholder, including subscription details. Furthermore, your information may be shared with other parties during the negotiation or execution of any merger, asset sale, consolidation or restructuring, financing, or acquisition of all or part of our business by or into another entity.
19. Deference to Personal Data Protection Act (PDPA) 2010
At DRIVEO, we prioritize the protection of your privacy, confidentiality, and security concerning all personal data entrusted to us. Our longstanding policy has been to safeguard your personal information diligently. With the implementation of the Personal Data Protection Act 2010 ("PDPA"), our commitment has been further strengthened to ensure that all personal data is protected in accordance with the PDPA. We process personal data that you voluntarily provide to us during your registration on our Platform. This data includes but is not limited to, your name, address, NRIC, and contact details. By accepting this Agreement and registering your user information, you are explicitly consenting to our processing of your personal data. You agree to indemnify us in the event of any loss or damage resulting from your failure to comply with these requirements. We will retain your personal data only for the duration necessary to fulfill the specified purposes or as mandated by law
DriveoHost Terms of Service (ToS)
1. Terms of Service (Partnership Agreement)
The following Terms of Service (“Terms” or sometimes “Agreement”) regulate your access and use of the applications, websites, content, products, and services (collectively referred to as “Services'') provided by DRIVEO and its associated entities within Malaysia as well as other territories such as Singapore, and Indonesia. Please read through these Terms carefully as they form a legally binding contractual relationship between you and DRIVEO. By accessing or using the Services, you acknowledge your acceptance of these Terms. If you disagree with these Terms, you are prohibited from accessing or using the Services. These Terms supersede any previous agreements or arrangements with you. DRIVEO reserves the right to terminate these Terms or any Services concerning you, or deny access to the Services or any part thereof, at any time for any reason. Additional terms may apply to specific Services, which will be disclosed to you separately. In case of a conflict, these supplemental terms will take precedence over the initial Terms. DRIVEO may revise the Terms periodically. Your continued access or use of the Services after such revisions signifies your acceptance of the updated Terms. If you reject any changes to these Terms, you must notify DRIVEO in writing within thirty (30) days of the change becoming effective. By rejecting changes, you agree to abide by the Terms as they were when you first accepted them. DRIVEO's collection and use of personal information in connection with the Services is outlined in DRIVEO's Privacy Statements.
2. DriveoHost
As per the above mentioned, DRIVEO via its Services offers an integrated fleet management system and marketplace platform. These Services cultivate a vibrant ecosystem where partners of DRIVEO, encompassing both individuals and car leasing companies (now collectively termed “DriveoHost”), provide car-sharing and car with driver services to those requiring transportation to specific destinations (referred to as either “Customers”). At its core, DRIVEO fosters significant relationships with DriveoHosts, empowering them to efficiently manage their fleet of vehicles and deliver impeccable services to our Customers through the DRIVEO platform.
3. Seeking Dispute Resolution with DRIVEO on an Individual Basis
By accepting these Terms, you agree to resolve any disputes with DRIVEO through communicated means and mediation that are set forth on an individual basis, as detailed in this Agreement. Consequently, the Agreement hereby prohibits you from initiating or participating in any class, collective, or representative legal action against DRIVEO whatsoever.
4. Description of Services
The Services include web applications and related services that allow Customers to arrange and schedule transportation, logistics, and/or delivery services with DriveoHosts and third-party providers affiliated with DRIVEO. In some cases, the Services may also offer an option to receive these services for a fixed price, subject to acceptance by the respective DriveoHosts. Unless otherwise agreed by DRIVEO in writing, the Services are intended solely for your personal, non-commercial use. DRIVEO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications and any related content, information, and materials, provided you comply with these Terms. All rights not explicitly granted are reserved by DRIVEO and its licensors.
4.1 Restrictions
You are prohibited from removing any proprietary notices from any part of the Services; reproducing, modifying, distributing, licensing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or exploiting the Services in any way not expressly permitted by DRIVEO; decompiling, reverse engineering or disassembling the Services; linking to, mirroring or framing any part of the Services; launching any programs or scripts for data mining or hindering the operation and/or functionality of the Services; or attempting to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
4.2 Service Provision
We wish to inform you that our services are offered under various brands and request options associated with transportation and logistics. These include our transportation request brands known as “DRIVEO Car-Sharing”, “DRIVEO Car with Driver”, and “DriveoHero”. These services may be provided by DRIVEO subsidiaries, affiliates, or independent third-party providers, including Transportation Network Company drivers and Transportation Charter Permit holders.
4.3 Third-Party Services and Content
Please note that our services may be accessed in conjunction with third-party services and content, including advertising, over which DRIVEO has no control. Different terms of use and privacy policies may apply to your use of such third-party services and content. DRIVEO does not endorse these third-party services and content and shall not be held responsible or liable for any products or services provided by such third-party providers. These third-party beneficiaries are not responsible for providing or supporting our services in any way.
4.4 Ownership
All rights to the services are and shall remain the property of DRIVEO or DRIVEO's licensors. Your use of the services does not grant you any rights in or related to the services, nor any rights to use or reference DRIVEO's company names, logos, product and service names, trademarks, or service marks, or those of DRIVEO's licensors.
5. Access and Use of Services
To use most aspects of our services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account unless a specific service permits otherwise. Account registration requires you to provide certain personal information to DRIVEO. You are responsible for maintaining accurate, complete, and up-to-date information in your Account. You are also responsible for all activity that occurs under your Account and for maintaining the security and secrecy of your Account username and password at all times.
5.1 User Requirements and Conduct
Our services are not available for use by persons under 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third-Party Providers unless you accompany them. You agree to comply with all applicable laws when accessing or using our services, and you may only access or use our services for lawful purposes.
5.2 Communication
You agree that DRIVEO may contact you by telephone, email, or text messages at any of the phone numbers provided by you or on your behalf in connection with a DRIVEO account, including for marketing purposes. You may opt out of receiving text messages from DRIVEO at any time by contacting support@wahdah.my. If you do not choose against this, DRIVEO may contact you as per outlined in the DRIVEO App Terms of Use (DRIVEO ToU).
6. DriveoHost Registration and Further Documentation
To register as a DriveoHost, individuals are required to provide DRIVEO with their personal identification and license details. For companies, a valid Business Registration Certificate from the Companies Commission of Malaysia (SSM) is required. Once vehicles are added to the respective fleet, the registration process for both individuals and companies can be completed by submitting a copy of the Vehicle Registration Certificate (Car Grant) and Car Insurance Cover Note to DRIVEO. This additional documentation ensures a comprehensive and secure registration process for all prospective DriveoHost members.
7. DriveoHosts Compensation Structure / Payment Scheme
7.1 EARNINGS PAYMENT
DRIVEO does not offer direct compensation for any car leasing facilitated through the DRIVEO platform. Instead, we allocate car leasing based on the availability and readiness of your vehicle to serve our Customers. The payment received by DRIVEO from bookings or leasing will be reimbursed to you at a rate of 70% to 85% of the leasing value, excluding the security deposit. The final payment may be subject to negotiation in instances such as peak seasons, vehicle upgrades, promotions, etc.
7.2 MAXIMUM PAYMENT
DRIVEO reserves the right to take a certain percentage from the maximum amount of payment, which is derivative of the total lease amount, as mutually agreed upon by DriveoHost and DRIVEO prior to this publication. Any modifications of the percentage limitations are subject to the purview and sole discretion of DRIVEO. These changes, if any, will be communicated to you via the DRIVEO platform, email, Telegram apps, or the phone number linked to your account. It is incumbent upon you to stay updated on the maximum payment rate should you intend to refer new users to the DRIVEO platform.
7.3 PAYMENT ADJUSTMENT
DRIVEO also reserves the right to adjust, withhold, or deny any lease payment if it is determined or suspected that the payment was made in error or earned in violation of this agreement or any applicable laws as well as in the instance of an incomplete leasing assignment. Any decisions to adjust or withhold leasing payments will be made in a reasonable and fair manner.
7.4 CLAIMS
Any claims submitted to DRIVEO must meet specific criteria to be processed. Claims must be supported by clear evidence for further consideration. Claims made without using the DRIVEO platform or without clear evidence will not be entertained. Acceptable forms of evidence include receipts and clear images, which must be submitted via the DRIVEO platform. DRIVEO will only accept claims made within 10 days from the date of the incident. Please note that any late claims beyond this period will not be entertained by DRIVEO and its administration.
7.5 PAYMENT METHOD
DRIVEO processes all due payments via a third-party payment processor. You acknowledge and agree that the payment amount will not include any interest and will be net of any amount we are required to withhold by law. Payments will be processed following the return of vehicle and after the closing reimbursement cut-off on DRIVEO App and credited to DriveoHosts bank accounts within 3-5 working days. DRIVEO is not responsible for any delays in the payment process for any reason. Payments will be transferred to the DriveoHosts bank accounts registered on the Platform.
8. Compliance with Land Public Transport Agency “Proof of Concept”
DRIVEO may disclose your information if deemed necessary by law, regulation, operational agreement, legal proceedings, or governmental directives, or when such disclosure is deemed appropriate due to safety or related concerns. This encompasses the provision of your information to law enforcement, governmental authorities such as Land Public Transport Agency (APAD), or other relevant third parties to uphold our Terms of Service (Partnership Agreement), or other policies, safeguard DRIVEO's rights or assets, or the rights, safety, or assets of others, or in the event of a claim or dispute pertaining to your use of our Services. Should you use another individual's credit card, we may be legally obligated to disclose information to the cardholder, including subscription details. Furthermore, your information may be shared with other parties during the negotiation or execution of any merger, asset sale, consolidation or restructuring, financing, or acquisition of all or part of our business by or into another entity.
9. Unlimited Mileage
As per the provisions stipulated in the Terms and Conditions of our Car Leasing Agreement, unlimited mileage has already been made complimentary for Customers and absorbed by the lease amount charged for as long as the duration of the lease term is active. By consenting to this Agreement, the DriveoHosts acknowledge and accept our customer policy of Unlimited Mileage.
10. Office and Operation Hours
While DRIVEO is a dynamic fleet management and marketplace platform, operated, managed, and owned by Wahdah Technologies Sdn Bhd (“Wahdah Technologies”), the day-to-day running of car leasing activities and business transactions are handled instead by the team of Operators either at WAHDAH Hub or our affiliated Operating Centres. As such, whether you are interacting with the dedicated employees of Wahdah Technologies, the diligent staff at WAHDAH Hub, or our affiliated Operating Centres to resolve any issues and/or troubleshoot these problems, all DriveoHosts are kindly requested to respect and adhere to the designated office hours for Wahdah Technologies (9:00 AM to 5:00 PM) and operational hours (7:00 AM to 11:00 PM) for both WAHDAH Hub, as well as our affiliated Operating Centers respectively.
11. Fit-to-Share
DriveoHosts must diligently ensure that their shared fleet of vehicles, collectively referred to as the “Fleet,” is maintained to an optimal operating standard and remains functional when made active for lease transactions. The term "Fit to Share" encompasses the commitment of DriveoHosts to warrant that their vehicles meet specific criteria before being made available for lease, including but not limited to the following:
11.1 Operating Standard
DriveoHosts are responsible for ensuring that each vehicle in their Fleet adheres to a set operating standard before sharing. This includes regular maintenance checks, ensuring all essential systems are in proper working order, and addressing any issues that may compromise the safety or functionality of the vehicle.
11.2 Cleanliness
DriveoHosts must present vehicles that are clean and well-maintained. This involves regular cleaning, both interior and exterior, to provide a comfortable and hygienic environment for Customers during lease transactions.
11.3 Functionality
Vehicles must be fully functional and operational at all times when offered for sharing. DriveoHosts are required to address any mechanical or technical issues promptly to avoid disruptions during the lease period.
11.4 Safety
DriveoHosts must ensure that their vehicles do not pose any hazards to Customers. This includes verifying that all safety features, such as brakes, lights, and airbags, are in proper working condition.
12. Allianz Malaysia P-2-P Insurance
We understand that DriveoHosts may encounter difficulties in claiming insurance coverage due to the commercial nature of vehicle leasing activities. Some insurance providers may classify these activities under commercial transactions, thereby excluding DriveoHosts from claiming their insurance coverage. To address this potential challenge, we have partnered with Allianz Insurance Malaysia to offer a unique solution, that being Allianz Malaysia P-2-P Insurance. This add-on insurance is specifically designed to bridge the gap between traditional insurance coverage and the unique needs of DriveoHosts. It ensures that DriveoHosts can confidently lease their vehicles on a P-2-P platform without worrying about the complexities of the insurance claim process. However, it's important to note that if DriveoHosts choose not to avail of the P-2-P Insurance offered by Allianz Insurance Malaysia, DRIVEO will not be held responsible for any complications that may arise during the insurance claims process. We strongly recommend considering this add-on to ensure a smooth and hassle-free insurance claim experience.
13. Late Issued Summons
In the event that traffic authorities issue summons against vehicles registered under the name of DriveoHosts, particularly beyond the 15-day window following the return of the leased vehicle and well after the retention period of the Customers' deposits, DRIVEO reserves the right to reject any retrospective claims. It is the responsibility of the DriveoHosts to stay informed and updated on any summons issued to vehicles registered under their name, as they are able to do so via the relevant portals online. However, in other circumstances that are over and above their control, DRIVEO may then assume a portion of the summons cost, with the remainder to be covered by the DriveoHosts. Please note that this is only applicable under specific conditions. This provision exists as some summons may only reach DriveoHosts via post or mail well after the expiration of the customer's deposit retention period.
14. Leveraging DRIVEO Apps to Streamline Business Transactions
To enhance the operations of DRIVEO and its administration, we kindly remind all DriveoHosts that the DRIVEO app platform is a mandatory tool for conducting business and securing potential customers interested in car leasing. Similarly, bookings from Customers are exclusively notified through the DRIVEO app. Non-compliance with these guidelines by DriveoHosts may result in a suspension of lease payments to their fleet or vehicles following the conclusion of a lease period. Upon acceptance of this Agreement, DriveoHosts willingly agree to the provision of the DRIVEO application usage, thereby affirming full compliance with all the stipulations and Terms outlined herein.
15. Non-Compete Agreement
While DRIVEO may not necessarily enforce the principle of restraint of trade, it is imperative that DriveoHosts agree not to engage in business with other individuals or entities, or affiliates of a company in a way that heavily depends on the confidential business information obtained via DRIVEO. Moreover, DriveoHosts are prohibited from conducting business with any individual or entity that is in direct competition with DRIVEO, or from establishing a platform akin to DRIVEO using its confidential information, while exploiting DRIVEO's copyrights and intellectual property for personal gain or benefits. This stipulation is in place to safeguard DRIVEO's proprietary trade secrets and confidential information.
16. DriveoHosts Accountability in matters relating to Insurance Claims and Summons
The accountability of DriveoHosts (to be complied with) encompasses but is not limited to, the following:
16.1 DriveoHosts shall bear significant accountability in the event of insurance claims. DriveoHosts are thus, obligated to expedite insurance claims from their respective providers even for instances where Customers have acquired our Limited Reduction Options (LRO) and have contributed towards the Excess Fees, these funds are strategically utilized only to offset the costs associated with Downtime, Assessed Repair Time, and Loss of Use. This is particularly applicable during the timeframe when vehicles are undergoing repairs in the Workshop. It is incumbent upon the DriveoHosts to contra the costs of damages by expediting claims with their respective car insurance coverage providers.
16.2 This accountability further extends to traffic summons for which DriveoHosts are held accountable i.e. traffic summons related to non-compliance with vehicle regulations. Such cases may include non-compliance with the Standard Operating Procedures (SOPs) or regulations, such as car plate requirements mandated by the Road Transport Department (JPJ) of Malaysia.
16.3 Additionally, DriveoHosts are responsible for adhering to the limitations imposed by the traffic division of the Royal Malaysian Police (RMP) on car window tinting. Any deviation from these regulations may result in any traffic summons, for which the DriveoHost shall be held liable.
17. Cancellation of Booking
17.1 Customer Cancellation (Early or Less than 24 Hours Before)
In the event of a booking cancellation by Customers, whether early or less than 24 hours before the scheduled lease period, DriveoHosts will be reimbursed based on the following principles:
17.1.1 In the case of early booking cancellations by Customers, where the cancellation occurs well in advance of the scheduled lease period, DRIVEO ensures continued business opportunities on the DRIVEO platform. This comes as DRIVEO recognizes the impact of early cancellations on DriveoHosts and aims to foster a collaborative and supportive environment.
17.1.2 For late booking cancellations which is less than 24 hours, where the value of the booking and payment has been reflected on the DRIVEO app, DriveoHosts will receive partial compensation by way of a DRIVEO voucher as outlined in the DRIVEO compensation policy. The exact voucher compensation is at the discretion of WAHDAH and will be communicated to DriveoHosts through the DRIVEO platform or other designated communication channels.
17.1.3 DRIVEO acknowledges the commitment of DriveoHosts to providing quality services and understands that cancellations may be beyond their control. In recognition of this, DRIVEO commits to providing DriveoHosts with continued business opportunities, prioritizing them for future bookings and potential collaborations on the platform.
17.1.4 Details regarding continued business opportunities, including priority access to future bookings and collaborations, will be communicated to DriveoHosts through the DRIVEO platform or other designated communication channels. DRIVEO aims to maintain transparency and open communication to ensure DriveoHosts are aware of the ongoing support and opportunities available to them.
17.2 Cancellation by WAHDAH via DRIVEO
17.2.1 Due to Customer Non-Compliance or Transaction Disagreement
If WAHDAH cancels a booking because Customers fail to agree to the closing of transactions or upgrade deals, DriveoHosts will be compensated in accordance with the DRIVEO compensation policy. The details of the compensation will be communicated through the DRIVEO platform or other designated channels.
17.2.2 Due to DriveoHosts Inadequacy
If WAHDAH cancels a booking due to DriveoHosts being inadequate to offer their services, DRIVEO reserves the right to impose points reduction on the DriveoHosts. The specific points reduction will be determined by DRIVEO and communicated to the DriveoHosts through the DRIVEO platform or other designated channels. These measures aim to ensure the continuous improvement of service quality.
17.3 DriveoHosts Cancellation
17.3.1 Early and Late Stage Cancellation
If DriveoHosts cancel a booking, whether in the early or late stage, DRIVEO may impose points deduction based on the severity and frequency of the cancellations. The degree of this will be determined by DRIVEO and communicated to the DriveoHosts through the DRIVEO platform or other designated channels. This is to prevent repeated cancellations and ensure the reliability of DriveoHosts in serving Customers.
18. E-Inspection and Fleet Management
18.1 DRIVEO E-Inspection Compliance
18.1.1 DriveoHosts are expressly responsible for ensuring full compliance with the DRIVEO E-Inspection policy throughout the entire (before and after) lease period.
18.2 E-Inspection Responsibilities
18.2.1 If personally serving (handover) the Vehicles to and from Customers, DriveoHosts MUST conduct E-Inspection themselves to ensure the vehicle's condition is accurately documented.
18.3 E-Inspection by DriveoHeroes
18.3.1 In cases where the Vehicles are being served to and from Customers (during pickup and/or return) by DRIVEO's gig-workers also known as “DriveoHeroes”, it remains the duty of DriveoHosts to ensure that these gig-workers perform the required E-Inspection. DriveoHosts are accountable for the thoroughness and accuracy of the inspection conducted by DriveoHeroes.
18.4 Consequences of Non-Compliance
18.4.1 Failure to comply with the E-Inspection policy may result in the withholding of payment and/or reimbursement by DRIVEO.
18.4.2 Non-compliance may also lead to the rejection of claims or unsuccessful claims in case of disputes or discrepancies related to the vehicle's condition or traffic offenses.
18.5 Fleet Management Records
18.5.1 DriveoHosts are further responsible for maintaining comprehensive records of their fleet history, including:
18.6 Proactive Approach
18.6.1 DriveoHosts are expected to adopt a proactive approach, actively managing and updating their Fleet records without solely relying on notifications from WAHDAH or DRIVEO. Utilizing the fleet management features offered on the DRIVEO platform, DriveoHosts can efficiently track and manage these records.
----------------------------------- END OF DRIVEOHOST TERMS OF SERVICE --------------------------------
DriveoHosts Tier Adjustment & Compensation Policy
At DRIVEO (“DRIVEO”), we strive to provide a seamless and exceptional service for our DriveoHosts (hereinafter collectively referred to as the "Parties") within our ecosystem. However, we understand that unforeseen circumstances may arise. To address such situations, we have outlined an all-encompassing Tier Adjustment & Compensation Policy (“Policy”). This Policy governs the overarching Terms and Conditions for tier adjustment and compensation between DRIVEO and the Parties. The purpose of this is to ensure a fair and equitable resolution of issues that may occur during the engagement between DRIVEO and the Parties. Kindly note that there is also a separate Compensation Policy exclusive for DriveoHosts in the most recent of revision made to the Terms of Service (T.o.S.) on the DRIVEO App that much benefits the Parties with concern to Cancellation of Bookings.
Tier Adjustment
1.0 Vehicles Not Meeting Standards
1.1 In the event that a vehicle does not meet the prescribed standards, DRIVEO reserves the right to impose a 5% adjustment of the total rental fees. This adjustment will be applied at the discretion of DRIVEO and is subject to review.
2.0 Delayed Delivery (> 1 Hour)
2.1 In cases where the delivery of a vehicle is delayed by more than 1 hour, the Parties shall be liable to the hourly vehicle rate in addition to a 5% adjustment of the total rental fees. The adjustment is at the sole discretion of DRIVEO and will be subject to review.
2.2 Delays exceeding 2 hours warrant an adjustment to the Parties’ per-hour rate.
3.0 Delayed Delivery (> 5 Hours)
3.1 If the delivery of a vehicle is delayed by more than 5 hours, the Parties are responsible for a one-day vehicle rate adjustment. This adjustment is subject to the discretion of DRIVEO and will be reviewed accordingly.
4.0 Shuttle (Interrupted Trip)
4.1 In the event of an interrupted trip during shuttle service, an adjustment ranging up to 50% of one-way shuttle fees may be applied, depending on the circumstances. DRIVEO retains the right to determine the appropriate adjustment, which will be subject to review.
4.2 Such adjustment shall be made to the Limo Operator.
4.3 Similarly, in events of Shuttle Delays, the same adjustment may also be imposed unto the Limo Operator.
5.0 Cleanliness Issue (Due to Odor, Cockroaches, Ants, etc.)
5.1 If a cleanliness issue arises, specifically due to factors such as odor, cockroaches, ants, etc., a monetary adjustment ranging from RM15 to RM200 may be imposed. The exact adjustment will be determined by DRIVEO and is subject to review.
6.0 Car Breakdown
6.1 No adjustment will be made if the response time to a car breakdown is less than 1 hour.
6.2 In the event that the response time exceeds 1 hour, an adjustment equivalent to the hourly vehicle rate assigned for the rental period will be applied.
6.3 The resolution of car breakdown issues shall be carried out in a timely manner after the Parties have been duly informed by DRIVEO management.
3.2 Delays exceeding 3 hours may result in an adjustment to the Parties’ per-hour rate.
7.0 Unpleasant Experience
7.1 In cases where customers report an unpleasant experience, a monetary adjustment ranging up to RM50 may be applied, depending on the severity of the situation. The adjustment is subject to the discretion of DRIVEO and will be reviewed accordingly.
Compensation
8.0 Cancellation of Bookings
Cancellation more than 24 hours before vehicle pick-up time
8.1 In the event that a booking is cancelled more than 24 hours before the vehicle pick-up time, no compensation offer shall be provided.
Cancellation within 24 hours before vehicle pick-up time
8.2 If a booking cancellation occurs within 24 hours before the vehicle pick-up time, the Parties shall be compensated amounting to one (1) day’s worth of rental. This action will result in an adjustment as per this Policy.
Cancellation after vehicle pick-up time or “No Show”
8.3 Should a booking get cancelled after the vehicle pick-up time or result in a "No Show", the Parties shall be compensated amounting to one (1) day’s worth of rental. This action will result in an adjustment as per this Policy.
9.0 Change of Location Policy
Change of location (interstate) more than 24 hours in advance
9.1 In the event that a Customer changes their location (interstate) more than 24 hours in advance, no compensation offer shall be provided. This action will result in an adjustment as per this Policy.
Change of location (interstate) less than 24 hours in advance
9.2 If a Customer changes their location (interstate) less than 24 hours in advance, the Parties shall be compensated amounting to one (1) day’s worth of rental. This action will result in an adjustment as per this Policy.
Please be advised that the severity of issues may result in different tier adjustment or compensation values. Only in circumstances of reported complaints by Customers, shall a tier adjustment be implemented upon the Parties, while the exact rate of compensation upon the Parties will depend on cancellation of bookings or specific requirements by the Customers. As such, every tier adjustment or compensation outlined in this policy is subject to review and final determination by DRIVEO. These terms and conditions are binding upon the Parties and may be amended at the sole discretion of DRIVEO. By engaging with WAHDAH, all Parties acknowledge and agree to adhere to the stipulated provisions hereinabove in this Tier Adjustment and Compensation Policy. DRIVEO reserves the right to modify this Policy at its discretion, with any changes shall be communicated to the Parties.
DriveoUsers Marketplace Terms and Conditions
These terms and conditions (“Terms”) stipulated herein govern your use of DRIVEO Marketplace (“Marketplace”) as a feature on DRIVEO Platform (“Platform”). By accessing or using the Marketplace, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these provisions, you may not access or use this Platform features.
1. Marketplace Overview
The Platform provides a marketplace solution where individuals or companies offering products, goods, and/or services related to fleet management, car-sharing, and car with driver (hereinafter referred to as “DriveoVendors”) may connect with customers in need of these products, goods, and/or services (“DriveoUsers”). Therefore, DRIVEO facilitates meaningful connections between DriveoVendors and DriveoUsers, enabling the management and delivery of products, goods, and/or services seamlessly via the Platform.
2. Amendment to the Terms
DRIVEO reserves the right to amend these Terms at any time without prior notification. Amendments will become effective immediately upon publication. Your continued use of the Platform and the Marketplace constitutes acceptance of the revised Terms.
3. Eligibility
The DRIVEO platform is open to individuals and companies intent on purchasing products, goods, and/or services related to fleet management, car-sharing, and car with driver services. By using the Marketplace you affirm that you meet all legal eligibility requirements and have the authority to comply with these Terms.
4. Account Creation and Usage
To utilise the Marketplace as customers, DriveoUsers must create an account and provide personal information, including banking and/or credit card details. DriveoUsers are encouraged to also install the Telegram application for real-time communication with DRIVEO representatives. Furthemore, DriveoUsers are prohibited from sharing account credentials and must be the sole authorized user of their accounts. DRIVEO is not responsible for any unauthorized access resulting from DriveoUsers' failure to protect account information.
5. Intellectual Property
All intellectual property rights related to the Marketplace are owned by DRIVEO. DriveoUsers agree not to use, modify, or reproduce DRIVEO's intellectual property without prior written approval. Meanwhile, DriveoVendors retain ownership of their respective trademarks, logos, and content uploaded to the Marketplace, granting DRIVEO permission to use such content for account management purposes.
6. Restrictions on Activity
DriveoUsers must use the Marketplace for legitimate purposes or business transactions only and comply with all applicable laws and regulations. DriveoUsers are prohibited from engaging in activities that compromise the integrity of the Platform and its Marketplace, including reverse engineering or distributing harmful programs.
7. Personal Information
DRIVEO collects personal data from DriveoUsers for security and operational purposes. DriveoUsers consent to the collection and processing of their personal data by DRIVEO. DRIVEO is committed to protecting the privacy and confidentiality of DriveoUsers' personal information in accordance with applicable laws and regulations.
8. Disclaimers
DRIVEO provides services on an "as is" basis without any guarantees regarding quality, accuracy, or availability. DRIVEO disclaims liability for any damages resulting from Marketplace usage.
9. Communications
DriveoUsers consent to receive communications from DRIVEO via various channels, including email, text messages, and phone calls.
10. Indemnity
DriveoUsers agree to indemnify and hold DRIVEO harmless from any losses or liabilities arising from their use of the Marketplace or breach of these Terms.
11. Liability
DRIVEO shall not be liable for any incidental, consequential, or punitive damages arising from Marketplace usage.
12. Severability
If any provision of these Terms is deemed invalid, the remaining provisions shall remain in effect.
13. Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of such provision.
14. Confidentiality
DriveoUsers agree to maintain the confidentiality of DRIVEO's proprietary information.
15. Warranty and Representation
DriveoUsers warrant compliance with all relevant laws and regulations.
16. Dispute Resolution
DriveoUsers agree to resolve disputes with DRIVEO in accordance with applicable laws and regulations.
17. Compliance with Regulations
DRIVEO may disclose DriveoUsers' information as required by law or governmental directives.
18. Personal Data Protection
DRIVEO processes personal data in compliance with the Personal Data Protection Act 2010 and prioritizes the protection of DriveoUsers' privacy.
By using the DRIVEO platform, you agree to abide by these Marketplace Terms and Conditions. If you have any questions or concerns, please contact us at support@wahdah.my.
Additional Features for Battery Replacement Service
A. Battery Replacement Service
DriveoUsers utilizing the battery replacement service offered via the DRIVEO Marketplace ("Service") agree to adhere to the following additional terms and conditions.
B. Process Simplified
Completing these easy steps ensures a seamless process, allowing you to quickly get back on track.
C. Choose Your Fleet
Select your fleet from the options provided.
D. Enter Fleet Location
Input your fleet's current location.
E. Select Desired Battery
Browse through our range of batteries and choose the one that best fits your vehicle's requirements.
F. Await Order Approval
After placing your order, DRIVEO administrative team will promptly review and approve it.
G. Make Payment on My Order Page
Upon approval, finalize payment on the “My Order” page.
H. Enjoy Prompt Delivery by Hero Bateriku
Sit back and relax as Hero Bateriku springs into action to serve you.
I. Web Access
Currently, our battery replacement services are only available via our website.
J. Mobile App Coming Soon
We are currently developing a mobile application to provide even more convenient access to the DRIVEO Marketplace. Kindly stay tuned for updates upon its release.
K. Beta Version Disclaimer
Please note that the battery replacement service is currently in beta version with room for improvement.
These additional terms and conditions are to be read in conjunction with the Marketplace Terms and Conditions outlined above.
DriveoVendors Marketplace Terms and Conditions
Welcome to DRIVEO Marketplace, an integrated marketplace platform fleet management system operated by Wahdah Technologies Sdn Bhd (“DRIVEO”, “we”, “us”, or “our”). The DriveoVendors Marketplace Terms and Conditions (“Terms”) govern your use of the DRIVEO platform (“Platform”) as merchants (“DriveoVendors”). By accessing or using the Platform and its Marketplace, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you may not access or use the Marketplace as the merchant.
1. Marketplace Overview
DRIVEO provides a marketplace platform where Merchants offering products, goods, and/or services related to fleet management, car-sharing, and car with driver services (referred to as "DriveoVendors") may connect with customers in need of these products, goods, and/or services ("DriveoUsers"). DRIVEO facilitates meaningful connections between DriveoVendors and DriveoUsers, enabling the management and delivery of services seamlessly via the Platform.
2. Amendment to the Terms
DRIVEO reserves the right to amend these Terms at any time without prior notification. Amendments will become effective immediately upon publication. Your continued use of the Platform constitutes acceptance of the revised Terms.
3. Eligibility
The DRIVEO platform is open to individuals and companies who possess legal ownership or rightful custody over the products, goods, and/or services listed as per inventory. By using the Platform, you affirm that you meet all legal or business eligibility requirements and have the authority to comply with these Terms.
4. Account Creation and Usage
To use the Platform as DriveoVendors, you must create an account and provide the necessary business information. DRIVEO may require additional documentation to verify your eligibility as merchants. DriveoVendors are responsible for maintaining the security of their accounts and may not share account credentials.
5. Intellectual Property
All intellectual property rights related to the Platform are owned by DRIVEO. DriveoVendors agree not to use, modify, or reproduce DRIVEO's intellectual property without prior written approval.
6. Restrictions on Activity
DriveoVendors must use the Platform for legitimate purposes only and comply with all applicable laws and regulations. DriveoVendors are strictly prohibited from engaging in activities that compromise the integrity of the Platform.
7. Personal Information
DRIVEO collects personal data from DriveoVendors for security and operational purposes. DriveoVendors consent to the collection and processing of their business or company data by DRIVEO.
8. Disclaimers
DRIVEO provides services on an "as is" basis without any guarantees regarding quality, accuracy, or availability. DRIVEO disclaims liability for any damages resulting from Platform usage.
9. Communications
Vendors consent to receive communications from DRIVEO via various channels, including email, text messages, and phone calls.
10. Indemnity
Vendors agree to indemnify and hold DRIVEO harmless from any losses or liabilities arising from their use of the Platform or breach of these Terms.
11. Liability
DRIVEO shall not be liable for any incidental, consequential, or punitive damages arising from Platform usage.
12. Severability
If any provision of these Terms is deemed invalid, the remaining provisions shall remain in effect.
13. Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of such provision.
14. Confidentiality
Vendors agree to maintain the confidentiality of DRIVEO's proprietary information.
15. Relationship with DRIVEO
These Terms do not establish an employer-employee relationship between Vendors and DRIVEO.
16. Warranty and Representation
Vendors warrant compliance with all relevant laws and regulations.
17. Dispute Resolution
Vendors agree to resolve disputes with DRIVEO in accordance with applicable laws and regulations.
18. Compliance with Regulations
DRIVEO may disclose Vendors' information as required by law or governmental directives.
19. Personal Data Protection
DRIVEO processes personal data in compliance with relevant regulations and prioritizes the protection of Vendors' privacy.
By using the DRIVEO Platform and DRIVEO Marketplace as DriveoVendors, you agree to abide by these Terms and Conditions. If you have any questions or concerns, kindly contact us at support@wahdah.my.