Terms and Condition

(a) Below are the terms and conditions of Carpit, an application and platform which can be accessed at “ www.mycarpit.com ” or any such domain/website as determinable from time to time (“platform”) owned and operated by GLOBAL CARPIT SDN BHD (Company No. (1216698-H), incorporated in Malaysia (the “Company”, “us”, “we” or “Carpit”). By signing up and/or using our services, website, app and products, you are legally and automatically bound to these terms and conditions without conditions.

(b) By virtue of you signing up and/or using our services, website, app and products, you accept all terms and conditions of the Carpit platform. This means that you affirm your understanding of the terms and conditions of Carpit and are within full capacity to enter into transaction with us for our services and/or products.

(c) Please read these terms and conditions carefully before signing up and using the services. If you do not agree to be bound by these terms and conditions, please do not use or access the Carpit platform or sign up for any of the services provided on the platform. You may elect to read these terms and conditions again at any time after signing up and/or using our services.

(d) These terms and conditions, and its updates are subject to the discretion of the Carpit management team at any time, notice thereof shall be posted on the Carpit platform as and when needed. You are bound by all amended terms or updates which become effective upon their posting on the Carpit.

Carpit is a app/web based communications platform that operates as an online marketplace providing car tyre and related services. This is done by connecting potential clients (“User”) with car workshops registered in our platform (“Service Provider") who will carry out any of the following services through booking an appointment through our app.:

(a) Pick Up and Drop Off

This type of job requires a Service Provider to either ‘pick up’ and/or ‘drop off’ the User’s car at the User’s home or office

(b) Car Tyre Change including Alignment and Balancing

This type of job requires a Service Provider to change the User’s car tyres in accordance with the chosen specification made through our app including providing alignment and balancing services.

(c) Car Wash

This type of job requires a Service Provider to clean and wash the User’s car.

Carpit does not undertake these jobs nor does it employ independent contractor to complete jobs. Additionally, Carpit does not supervise, direct or control the jobs a Service Provider accepts directly or indirectly, expressly or implied.

Those seeking to register to be a Service Provider hereby consent to Carpit conducting necessarybackground checks in compliance with the Malaysian laws and legislations in force.

As a User you acknowledge that you offer an agreed payment to the Service Provider for a job that you have assigned which may include reimbursement for costs taken-on by the Service Provider including for any additional job that may be performed by the said Service Provider provided always that the User first agrees for such variation.

As a Service Provider you acknowledge that you and at all times comply strictly with the User’s instructions in exchange for payment that you have agreed to, understanding that you will have to assume responsibility of your own costs and undertake to procure a person or more persons to complete the job.

Payment for jobs will be done through our authorised payment service provider. Both parties agree to notify Carpit of any disputes arising from the job at least (7) days before initiating any proceedings or action against the other party, utilizing Carpit as an intermediary and mediator to resolve aforementioned disputes. However, all cost and expenses must be borne by respective parties and Carpit cannot be held responsible for any losses, claim arising from alleged disputes.

You shall not in any way utilize the platform for any activity that:

(a) violates any laws in Malaysia;

(b) violates any rule or regulation stating the acceptable code of conduct enforced by Carpit on its Service Providers;

(c) violates any rule or regulation by payment service provider that is utilized by Carpit on its platform for payment use;

(d) violates any rules or regulations dictated by our payment service provider;

(e) is fraudulent, deceptive, unfair or predatory;

(f) causes or threatens reputational damage to Carpit or any of its affiliates;and

(g) results in or creates significant risk of chargebacks, penalties, damages or other harm or liability.

We reserve our sole and absolute right to terminate or suspend your right to use the online platform if we have grounds to believe or have found evidence that you have breached this Agreement by providing you with a written or email notice of such breach/termination/suspension that will be effective immediately upon delivery.

If your right to use Carpit is terminated or suspended, this agreement will remain enforceable against you. You may terminate this agreement at any time by ceasing all use of the Carpit platform.

All sections which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.

(a) Our services at Carpit and through the Carpit platform are available only to, and may only be used by individuals of 18 years of age and above. By signing up and/or participating as a User or Service Provider, you confirm, undertake, represent and warrant that you meet this requirement. You also confirm, undertake, represent and warrant that you have the right, authority and full capacity to be a User or Service Provider including further representations and warranties as set out in Appendix I hereto.

(b) Your information is any information you provide, publish or display ("publish") to the Carpit platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("your information"). Your information will be stored on computers and in our business server. However, any personal information provided by you shall be collected, stored and retained by the Company in accordance of the provisions of the Personal Data Protection Act 2010. By your sign up and/or usage of the services, you consent to us using your information to create a User account that will allow you to participate in the services.

(c) By signing up in the Carpit platform and/or using the services, you agree that we may obtain personal information including and without limitation to your identification, contact details or points, driving record, references and/or credit information. You hereby authorize Carpit and the Company to perform necessary background checks for its purposes, and further agrees to provide any necessary authorization to facilitate our access to necessary information for the purposes of the business of Carpit.

(d) You are solely responsible for your information and your interactions with other people in the public, and we act only as a passive conduit for your online posting of your information. When you use the Carpit platform, you agree to provide accurate, current and complete information as prompted by our registration form and to maintain and timely update your information to keep it accurate, current and complete at all times during the term of the agreement. You also agree that the Company, participants in the Carpit platform and the public may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this your use of the services without notice to you.

(e) You are allowed one Carpit account on the Carpit platform or authority over one Carpit account thereon. You are also responsible for maintaining the confidentiality of any password provided by you or Carpit for accessing the services. Additionally, you are solely and fully responsible for all activities that occur under your password or account.

(f) Carpit represents that it has no control over the use of its Service Provider or User's account at all times and expressly disclaims any or all liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact the Carpit administrators immediately. Carpit reserves the right to take any legal action against you for misrepresentation for any loss or damage suffered as a result of any misuse or abuse of your account.

(g) Carpit tries its best to protect the privacy of data exchange in the Carpit platform from misrepresentation, third party abuse or internal hacking but shall not be liable or claims no admission to liability in the event of any damage or loss occurs to the User or Service Provider. All data exchange outside the Carpit platform between the User and Service Provider is strictly at the risk of the User and Service Provider.

(a) Service Providers are independent contractors of our Company.

(b) Service Provider's relationship through the Carpit platform shall be treated as neither a partner nor an employee of the Company. Service Provider shall be responsible for all taxes in respect of fees and monies and his own social security contributions and the Service Provider undertakes to compensate the Company in full on demand for any liability it and its representatives suffer if the Malaysian Inland Revenue Board or other relevant government department treats the Service Provider in this case as an employee for the purposes of taxation and/or social security

(c) By being a Service Provider, we are entitled to submit any necessary information and document collected to the Malaysian Inland Revenue Board or any other government department without needing a court order for the purposes of resolving any issue faced in respect to the Service Provider.

(a) You agree that you will use the services in a manner consistent with any and all applicable laws and regulatons. We reserve the right, but are not obligated to investigate, inform the other users in the Carpit regarding you and terminate your participation in the Carpit platform if you have misused the Carpit platform or the services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.

(b) With respect to your participation on the Carpit platform or through the services, you agree that you will not:

i. impersonate any person or entity;

ii. "stalk" or otherwise harass any person;

iii. express or imply that any statements you make are endorsed by us, without our specific prior written consent;

iv. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the services or its contents;

v. publish, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

vi. remove any copyright, trademark or other proprietary rights notices contained in the service;

vii. interfere with or disrupt the services or the Carpit platform or the servers or networks connected to the services or the Carpit platform;

viii. post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

ix. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service;

x. "frame" or "mirror" any part of the service, without our prior written authorization or use meta tags or code or other devices containing any reference to us or the services or the Carpit platform in order to direct any person to any other web site for any purpose; or

xi. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the services or any software used on or for the services or cause others to do so.

(c) You further agree that your information and your interactions with the Company, on or through the Carpit platform shall not:

i. be false, inaccurate or misleading (directly or by omission or failure to update information);

ii. Infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

iii. violate any law, statute, ordinance or regulation or do anything that becomes a restricted activity as per this terms of service;

iv. be anything expressly or impliedly defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;

v. contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;

vi. contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

vii. create liability for us or cause us to become subject to regulation as a delivery carrier or provider of courier service; or

viii. link directly or indirectly to any other web sites.

ix. allow any transfer, use, or sell your Carpit account and/or id to any another party.

x. cause or allow to cause any infringement of policies, terms of service, terms and conditions and written agreements of the Carpit.

We reserve the right, but we have no obligation, to reject or take action against any User or Service Provider that does not comply with these prohibitions.

(a) Partners, clients, customers, Users or Service Providers of the Carpit platform is expected to pay upon completion of the services rendered by the Service Provider vide the Carpit platform. In the event that neither applies, advance future payments shall be completed by the Users vide the designated method as prescribed in the Carpit invoices.

(b) All other invoices issued through the Carpit platform must be paid IMMEDIATELY unless otherwise agreed in writing by the the Company.

(c) If any amount of an invoice is disputed then the recipient shall inform Carpit in writing of the grounds for such dispute within 7 days of completion of the job, failing which acceptance is deemed by the Service Provider.

(d) Carpit reserves the right to increase a quoted fee in the event that its Service Provider, User, partner, customer or client requests a variation to the work agreed without any waiver to these terms and conditions.

(e) Users of the Carpit platform acknowledge that Carpit is not party to any contracts for the jobs completed.

(f) By using Carpit you will be required to provide your bank account details and credit/debit card to Carpit and to the Payment Service Provider utilized by Carpit. Users will be responsible for paying the invoice of each job which may include:

i. pricing of items or products agreed and provided by Service Provider

ii. any service fee or out of pocket expenses made by the Service Provider but agreed by the User

iii. the commission Carpit charges for utilization of the platform

By agreeing to use Carpit and not utilizing cash payment, the User agree to make online payments through our platform or through our payment service provider and thereby agree to their terms of service (as the case may be) and the Service Provider hereby agree that Carpit shall receive payments on behalf of the Service Provider.

(a) Payment Terms: This constitutes a legal agreement between you and the Company, governing your access to and use of our Services as a paying customer.

(b) Changes of Terms: We may amend the payment terms from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these payment terms periodically. By continuing to use the services following such amendments to the payment terms, you agree to be bound by such amendments. If you do not agree to the payment terms, now or at any time, please do not use the website or any of the Services.

(c) Minimum Requirements: To obtain or subscribe for services on or through Carpit, you must provide certain registration information and obtain a Carpit account. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. The Company sells its services only to those users who can legally make purchases with a credit card or other form of payment accepted by The Company.

(a) Payment by User

(i) By acting as a verified User, you authorise the Company to charge the applicable fees, refered to as our commission to your designated billing payment method.

(ii) You will be charged immediately after the Service Provider made a confirmation via our platform that it had completed the job.

(iii) You agree to abide by the terms and conditions of our payment collections partner (if applicable).

(iv) If your account has a due amount, you must settle the balance owed IMMEDIATELY through our payments collections partner, failing which, Carpit at its absolute discretion has the right to suspend your account until such time as payment is made.

(v) Account balances may be set off by incentives or admin tips.

(vi) Carpit has full discretion in investigating and deeming fraudulent transactions, by which Carpit has the ability to suspend your account.

(vii) As a Service Provider, you agree to pay Carpit commission as follows:

5% of the quantum of the total products; and

20% of the quantum of the total service fee

In the event GST or any other ancillary charges are required to be added to the commission, Carpit has the right at its absolute discretion to revise the rate of commission to accommodate this.

(viii) Carpit shall process the payment to the Service Provider on every 25th of each calendar month. The payment to the Service Provider shall be net of Carpit commission (as specified in item (vii) above) and other related charges (if any).

(b) Incentives

From time to time we may offer incentives for our Service Providers. Carpit has full rights to determine the incentives as and when and may change them at any point in time. Carpit can deem any sort of misinformation provided, abuse or misuse of the platform; if so, Carpit has full rights to suspend and take actions against the Service Provider or User.

If the Service Provider has received any complaints, strikes, or reports that go against standard policy as stipulated in the verification session, Carpit reserves the right to not provide the incentive.

Upon any dispute on the incentive between Carpit and Service Provider, Carpit has the final decision on whether the Service Provider qualifies for the incentive.

(c) Fair usage:

(i) Carpit has the right to withhold payment due to any Service Provider for any suspected fraudulent or phantom jobs. Investigation will take place and Carpit has the final decision on whether the payment should be withheld permanently or not. If Carpit or its officers conclude from investigation that cheating has occurred, Carpit has the right to refuse payment to Service Provider.

(ii) You agree that Carpit, in its sole discretion, with or without prior notice, may freeze or terminate your account for any reason, including, without limitation, if Carpit believes that you have violated these terms and conditions. Carpit may also in its sole discretion, and at any time, modify or discontinue providing any service, or any part thereof, with or without notice. Additionally, you agree that Carpit shall not be liable to you or any third-party for any interference with, or termination of, your access to the account.

(iii) A refund will be granted upon the discretion of the Company. Refunds will be determined based on investigation, information submitted by users and after the company has concluded that the charge for payment should be cancelled and the funds must be refunded to the user. Situations where this will be allowed is when the payment charge for Carpit commission should not take place because the job was in fact not completed. Completion is deemed when the user paid for a service done by a Service Provider in the Carpit platform.

(d) Price Adjustments

We may increase the commission payable at any point in time. If you continue to use Carpit, you shall be deemed to have accepted the new cost for that renewal term and any subsequent renewal terms.

(e) Accessing Our Services

We make every effort to ensure that our Services are always available, but we cannot guarantee that Services will not be uninterrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Payment Terms and other applicable terms and conditions, and that they comply with them.

At Carpit, we do not procure insurance for, nor are we responsible for instances of personal loss or injury, and property loss or damage experienced during your participation with Carpit or its platform.

We also do not procure insurance for items delivered as part of any delivery service offered by Service Provider to the User over its User.

All Users and Service Providers are responsible to obtain their insurance or protection against risk and shall not hold Carpit liable or responsible for damage or loss suffered. However, Carpit reserves the right to recover compensation or claim indemnity against the User and/or Service Provider for direct or indirect damage or loss suffered.

E-mail communications and text messages sent from or through the Carpit platform are designed to make your Carpit experience more efficient.

By becoming a User or a Service Provider, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available Service Providers or Users and e-mails informing you of promotions we run and emails informing you of new and existing features we provide.

Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service.

Carpit reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, please do not use the services or sign up in the Carpit platform.

Location data provided by the Carpit platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.

Neither Carpit, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the services. Any of your information, including geolocational data, you upload, provide, or post on the Carpit platform may be accessible to certain spaces in the Carpit platform. We cannot verify or guarantee the accuracy of the information a User provides us on the Carpit platform, and we do not control the information provided by other Users that is made available through our system.

Carpit owns and retains ownership of the platform, and all intellectual property therein. Contingent upon your compliance with the terms and conditions of this agreement, Carpit hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Carpit platform on any desktop or mobile device that you own or control and as permitted by these terms and conditions of service.

This license does not allow you to use the Carpit platform on any mobile device that you do not own or control, and you may not distribute or make the Carpit platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Carpit platform. You may not copy (except as expressly permitted by this license and the usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Carpit platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).

Any attempt to do so is a violation of the rights of Carpit and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Carpit that replace and/or supplement the Carpit platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Except as explicitly stated otherwise, any notices to Carpit shall be given by certified mail, postage prepaid and return receipt requested to:

Global Carpit Sdn Bhd
A-06-03 Level 6
Empire Tower 1 Empire Subang
Jalan SS16/1 SS16
47500 Subang Jaya
Selangor

To resolve a complaint regarding the service, you should first contact our customer service department by email at [email protected]

(a) Without limiting other remedies, we may terminate your participation, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if:

(a) you breach this agreement or the documents it incorporates by reference;

(b) we are unable to verify or authenticate any information you provide to us;

(c) we believe that your actions may cause financial loss or legal liability for you, our Users or us, or subject Carpit or you or any other User to regulation by any state or local government or regulatory agency; or

(d) if we suspect that you have engaged in fraudulent activity in connection with the Carpit platform or the services.

(b) You will defend, indemnify, and hold us and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the service, including:

(i) your breach of this agreement or the documents it incorporates by reference;

(ii) your violation of any law or the rights of a third party, including, without limitation, Service Providers, Users, other motorists, and pedestrians, as a result of your own interaction with such third party,

(iii) any allegation that any materials that you submit to us or transmit to the services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;

(iv) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of deliveries to Users; and/or

(v) any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

(a) Our Company, our subsidiaries, officers, directors, employees and our suppliers provide the Carpit platform and the services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Carpit platform and/or the services. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that your use of the services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the services will be corrected, or that the services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Carpit platform or the services by persons under the age of 18 in violation of this agreement. We are not responsible or liable in any manner for any content posted on the Carpit platform or in connection with the service, whether posted or caused by Users of the Carpit platform, by Carpit, by third parties or by any of the equipment or programming associated with or utilized in the Carpit platform or the services. Although we provide rules for User conduct and requests, we do not control and are not responsible for what Users post, transmit or share on the Carpit platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Carpit platform or in connection with any content. Carpit is not responsible for the conduct, whether online or offline, of any User of the Carpit platform or services. It also is possible for others to obtain personal information about you due to your use of the Carpit platform or the services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Carpit platform or through the services.

(b) In no event will we, our subsidiaries, officers, directors, employees or our suppliers, be liable to you for any incidental, consequential, or direct damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with Carpit, our services or this agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. We do not screen the tasks posted on the Carpit using the services in any way. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of Carpit or the services, including, without limitation, to damages arising out of communicating and/or meeting with other Users of Carpit or the services, or introduced to you via Carpit or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to up to 10% or the value of the good in question or RM 100.00 , whichever is lower.

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Carpit’s business, operations and properties (“confidential information”) disclosed to you by Carpit for your own use or for any purpose other than as contemplated herein.

You shall not disclose or permit disclosure of any confidential information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information of Carpit in order to prevent it from falling into the public domain.

Notwithstanding the above, you shall not have liability to Carpit with regard to any confidential information which you can prove: (a) was in the public domain at the time it was disclosed by Carpit or has entered the public domain through no fault of yours; (b) was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (c) is disclosed with the prior written approval of Carpit; (d) becomes known to you, without restriction, from a source other than Carpit without breach of this agreement by you and otherwise not in violation of Carpit’s rights;or (e) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Carpit to enable Carpit to seek a protective order or otherwise prevent or restrict such disclosure.

(a) Our Company, our subsidiaries, officers, directors, employees and our suppliers provide the Carpit platform and the services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Carpit platform and/or the services. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that your use of the services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the services will be corrected, or that the services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Carpit platform or the services by persons under the age of 18 in violation of this agreement. We are not responsible or liable in any manner for any content posted on the Carpit platform or in connection with the service, whether posted or caused by Users of the Carpit platform, by Carpit, by third parties or by any of the equipment or programming associated with or utilized in the Carpit platform or the services. Although we provide rules for User conduct and requests, we do not control and are not responsible for what Users post, transmit or share on the Carpit platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Carpit platform or in connection with any content. Carpit is not responsible for the conduct, whether online or offline, of any User of the Carpit platform or services. It also is possible for others to obtain personal information about you due to your use of the Carpit platform or the services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Carpit platform or through the services.

(b) In no event will we, our subsidiaries, officers, directors, employees or our suppliers, be liable to you for any incidental, consequential, or direct damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with Carpit, our services or this agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. We do not screen the tasks posted on the Carpit using the services in any way. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of Carpit or the services, including, without limitation, to damages arising out of communicating and/or meeting with other Users of Carpit or the services, or introduced to you via Carpit or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to up to 10% or the value of the good in question or RM 100.00 , whichever is lower.

Either you or we may terminate your participation in the Carpit platform by removing your information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party.

Upon such termination, we will remove all of your information from our servers, though we may retain an archived copy of records we have about you as required by law or for legitimate business purposes.

We maintain sole discretion to bar your use of the services in the future, for any or no reason. Even after your participation in the Carpit platform is terminated, you remain bound to the terms of confidentiality in this service term and condition.

Legal disputes or claims between the parties which cannot be resolved informally will be submitted to friendly negotiations first between their legal counsels before further submitting the same for mediation in Malaysia.

Parties may elect arbitration or court as the finality of the dispute for a binding decision. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.


APPENDIX I

Representations and Warranties by the User

By using the Carpit plaform and the services, the User represents, warrants and agrees to Carpit and/or the Service Provider that:

(i) the User had entered correct vehicle details i.e. car plate, car type, photo, tyre size and correct credit card or other payment details and making all necessary checks before posting requests on our platform;

(ii) the User is responsible to ensure that the vehicle is parked at a location which is accessible by the Service Provider;

(iii) the User will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws including being involved in any criminal, drug or unlawful activities;

(iv) the User is solely responsible and shall indemnify all claimants including the Company and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Carpit’s platform in the posting of the User up to the delivery of tasks requested by the User at all times;

(v) the User shall not treat, name or hold Carpit responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Carpit, the Carpit platform by the Service Provider; and

(vi) the User makes and will make all necessary declarations on the Carpit platform or if asked from time to time by us about restricted activities.

Representations and Warranties by the Service Provider

By using the Carpit plaform and the services, the Service Provider or its agent represents, warrants and agrees to Carpit and/or the User that:

(i) the Service Provider will make all necessary declarations on the Carpit platform or if asked from time to time by us;

(ii) the Service Provider possesses a valid driver’s license and is authorized to operate a third party insured motor vehicle (“vehicle”) and has all appropriate licenses, approvals and authority to provide pick up and delivery of the User’s car;

(iii) the Service Provider owns or has the legal right to operate the vehicle when making pickup and delivery tasks as per the User’s requirements and that such vehicle is in good operating condition including meeting the Malaysian vehicle safety standards in accordance with the Malaysian law;

(iv) the Service Provider will be responsible for any and all damages, loss and harm which results from the operation of the vehicle of the Service Provider including, but not limited to, personal injuries, death and property damages and absolutely indemnifies the Company if damages, loss and harm occurs to it and Carpit;

(v) the Service Provider will be solely responsible for its own health and safety during the delivery of tasks accepted in the User;

(vi) the Service Provider will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws;

(vii) the Service Provider is solely responsible and shall indemnify all claimants including the Company and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Carpit, the Carpit platform in the discharge of its delivery or the services for the User at all times;

(viii) the Service Provider shall not treat, name or hold us responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Carpit or the User;

(ix) the Service Provider has the required skills required to provide car tyre services namely, changing car tyres, alignment and balancing checks;

(x) the Service Provider agrees to honour the price that have been keyed in our platform. For the avoidance of doubt, it is the Service Provider’s responsibility to check the prices that they have uploaded;

(xi) the Service Provider must report any irregularities immediately and take the photo prior to collecting any car.

(xii) the Service Provider agrees to pick up the User’s car on time as stated in the booking confirmation. Any delays must be informed to the User in advance.

(xiii) the Service Provider shall install a seat cover and a mat cover to protect the seats and mats of the User’s car and the operator shall ensure that their hands are clean and free from grease and dirt when handling the User’s car.

(xiv) nothing other than the necessary functions to operate the car shall be accessed by the Service Provider.

(xv) the Service Provider shall always consider the privacy of the customers car and its cleanliness.

(xvi) the Service Provider shall return the car neat and tidy back to the customer and to set the customer's car seat to its original position.

(xvii) the Service Provider shall drive the car within speed limits and to always park the car in a safe place.

(xviii) all liabilities associated with the car shall be at the Service Provider’s liability when in possession.

(xix) all services must be completed within the day and delivered back to the customer by 4pm. Cars cannot be kept overnight at the premise of the Service Provider.

(xx) alignment must be accurate and any inconvenience to the User must be avoided.

(xxi) the Service Provider has a valid policy copy of third party liability insurance to cover the pickup and delivery of the User’s vehicle to cover any anticipated losses related to such Service Provider’s provision of deliveries; and

(xxii) the Service Provider shall be honest in its dealings and only make recommendation to the customers based on genuine need and convenience.