PART A: GENERAL |
1. |
Introduction |
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These Terms constitute an agreement between Flyt and the User governing the User’s access to and use of the Platform. In order to sign up and use our Platform, you are advised to read these Terms carefully as they affect your rights and liabilities under applicable laws and regulations in Malaysia. If you do not agree with these Terms, you shall not sign up and use the Platform. |
2. |
Definitions and interpretations |
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2.1 |
Definitions |
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The following terms shall have the following respective meanings: |
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"Account" |
means an account opened by the User in accordance with Clause 5; |
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"Flyt" |
means Flyt Group Sdn Bhd (Company No: 1205043-W) with its registered office at 45A, Jalan Hujan Emas 8, Taman Overseas Union , Off Jalan Kelang Lama, 58200 Kuala Lumpur, Wilayah Persekutuan; |
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"Flyt-Manage Service" |
means the service pursuant to which the Vehicle Owner allows Flyt, acting as his agent, to manage the collection of rental for and maintenance of the Vehicle on the Vehicle Owner’s behalf; |
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"Intellectual Property Rights" |
include any patent, copyright, registered design, trade mark, right in design, service mark, right under licence or other industrial or intellectual property right, whether or not any of them are registered and including applications for registration of any of the foregoing and all forms of protection of a similar nature or having similar effect which may subsist in Malaysia and/or anywhere in the world; |
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"Owner-Manage Service" |
means the service pursuant to which the Vehicle Owner manages the collection of rental for and maintenance of the Vehicle on his own; |
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"Personal Data Protection Notice" |
means the personal data protection notice [link] issued by Flyt for individual Users in relation to the Platform; |
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"Platform" |
means Flyt’s web portal and/or mobile application, which enables the listing and rental of the Vehicles; |
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"Rental Fees" |
means the fees due and payable by the Vehicle Hirer to the Vehicle Owner arising from the rental of Vehicle; |
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"Terms" |
means the terms and conditions contained herein governing the use of the Platform; |
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"User" |
means a Vehicle Owner or a Vehicle Hirer who has an Account; |
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"Vehicle" |
means the vehicle(s) listed by the Vehicle Owners on the Platform for purposes of rental to the Vehicle Hirers, and shall include its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all accessories and contents supplied; |
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"Vehicle Hirer" |
means a User who rents a Vehicle on the Platform; and |
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"Vehicle Owner" |
means a User who lists a Vehicle on the Platform. |
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2.2 |
Interpretation |
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In these Terms, headings and boldings are only for convenience and do not affect interpretation and unless the context requires otherwise: |
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(a) |
a reference to the “use” of the Platform or the Account includes (i) accessing and interacting with the Platform or the Account, including but not limited to the acts of listing the Vehicles by Vehicle Owners, and selecting and renting the Vehicles by Vehicle Hirers; (ii) accessing, downloading, receiving, printing, or storing content or information on or through the Platform or the Account; or (iii) providing any content or information through or on the Platform or the Account; |
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(b) |
words in the singular include the plural and the other way round; |
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(c) |
words of one gender include any gender; |
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(d) |
a reference to a party of these Terms include that party’s executors, administrators, successors and permitted assigns; |
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(e) |
a reference to "clauses" are to clauses of these Terms; |
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(f) |
a reference to a right includes a remedy, power, authority, discretion or benefit; |
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(g) |
a reference to legislation includes any amendment to that legislation, any consolidation or replacement of it, and any subordinate legislation made under it and any rules, regulations and guidelines issued under that legislation or subsidiary legislation; |
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(h) |
a reference to a document, including these Terms, includes any amendment or supplement to, or replacement or novation of, that document or these Terms, as the case may be; |
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(i) |
if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; and |
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(j) |
examples are descriptive only and not exhaustive. |
3. |
Effect |
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3.1 |
By clicking on the “Sign Up” button provided on the User Sign Up Screen, you agree to comply with and be bound by these Terms. |
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3.2 |
You shall comply with these Terms at all times. You shall be solely responsible for all losses and damages arising out of or in connection with its breach or failure to comply with these Terms. |
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3.3 |
We reserve the right to change, modify, add, or remove portions of these Terms at any time. Changes will be effective when posted on the Platform. We shall not be responsible for any damage suffered or sustained by you in connection with your failure to learn the information on the amended Terms. Your continued use of the Platform following the posting of the amended Terms constitutes your acceptance to abide by and be bound by these Terms. |
PART B: USE OF THE PLATFORM |
4. |
The Platform |
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4.1 |
The Platform is intended for: |
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(a) |
the Vehicle Owners to list the Vehicles and provide the Vehicles for rental; and |
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(b) |
the Vehicle Hirers, to select and rent the Vehicles. |
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4.2 |
We reserve the right to impose any fee in connection with the provision of the Platform. You shall pay such fees as set out in the Platform (if any). |
5. |
Registration |
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5.1 |
In order to use the Platform, you must register as a User and open and maintain an active Account. |
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5.2 |
You shall be deemed to have become a User as of the date on which you are allowed to use the Platform or you have received the relevant notification from us by e-mail or any other means determined by us. |
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5.3 |
By creating and owning an Account, you shall: |
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(a) |
use its unique user identification (“User ID”) and password when logging on to the Platform; |
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(b) |
keep all information relating to your Account confidential, including but not limited to your User ID and password; |
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(c) |
immediately notify us of any unauthorised use of your Account, User ID and/or password; and |
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(d) |
ensure that your Account information is accurate and up-to-date. |
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5.4 |
You are fully responsible for all activities that occur under the Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorised use of the Account or your failure to comply with Clause 5.3. |
6. |
Management of Users |
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6.1 |
We may take the following measures against any User who has breached these Terms, any related laws and regulations or the general principle of business transactions: |
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(a) |
Restricting the use of the Platform; |
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(b) |
Blocking access to the Platform; |
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(c) |
Terminating the Account; |
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(d) |
Reporting the User to the relevant authorities; and |
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(e) |
Seeking compensation for damage. |
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6.2 |
In the event you fail to log in to the Account or the Account remains inactive for twenty-four (24) months or more, we may consider such Account as dormant account, in which case we may place restriction on the use of the Platform. Once designated as dormant account, in order to use the Platform again, you must register afresh in accordance with Clause 5 above. |
7. |
Right to use |
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7.1 |
You warrant and represent not to: |
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(a) |
decompile, reverse engineer, disassemble, or copy the whole or any part of the Platform or the content (and to not permit any third party to do the same); |
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(b) |
infringe any Intellectual Property Rights relating to any intellectual property accessible on or through the Platform; |
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(c) |
provide information or content on or through the Platform that is false, misleading, fraudulent, illegal, threatening, obscene, or hateful, libellous, or defamatory; |
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(d) |
use the Platform to harvest or collect personal data of other parties for the purpose of issuing unsolicited communications; |
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(e) |
use the Platform in any way that would damage it or impair it; and |
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(f) |
upload any viruses to the Platform. |
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7.2 |
You shall be responsible and liable for all use of the Platform. |
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7.3 |
You agree that we are not obligated to accept, review, monitor, or maintain any content provided by you or any other party. |
PART C: SERVICES |
8. |
Modes of services |
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8.1 |
Vehicle Owner and Vehicle Hirer shall be bound by the following: |
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(a) |
If you are a Vehicle Owner, you agree to: |
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(i) |
manage the rental rate of the Vehicle by the Platform, including but not limited to dealing and communicating with the Vehicle Hirers, and maintaining the Vehicles; and |
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(ii) |
allow payments made using any payment methods by Vehicle Hirer by the Platform; and |
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(iii) |
manage earnings withdrawal by the Platform; and |
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(iv) |
accept the earnings withdrawal processing duration by us of up to two (2) weeks from the withdrawal request date. |
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(b) |
If you are a Vehicle Hirer, you agree to: |
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(i) |
liaise solely and directly with the Vehicle Owners in matters arising under or in connection with the rental of the Vehicle; and |
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(ii) |
make any payment arising under or in connection with the rental of the Vehicle by the Platform. |
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8.2 |
If you choose the Flyt-Manage Service, you shall be additionally bound by the terms and conditions as set out in the Terms of Flyt-Manage Service (https://joinflyt.com/terms-and-conditions#flyt-managed). |
9. |
Terms specific to Payment Releases |
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9.1 |
When listing your Vehicle on the Platform, you are entitled to receive a payment each time when a Hirer successfully made a reservation and collected your Vehicle. |
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9.2 |
You must complete your Bank Account Details on your Profile settings for us to proceed with the payment releases. |
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9.3 |
The Payment shall be released within FOUR (4) weeks from the Reservation Date. |
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9.4 |
Upon releasing payment from the company, you shall be notified with a payment statement with your earnings via email address registered on the Platform. |
10. |
Terms specific to Vehicle Owners |
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10.1 |
Subject to meeting any requirement which may be set by us, you may list a Vehicle on the Platform in accordance with the process as set out on the Platform. You agree to pay all fees (where applicable) in connection with your Account. |
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10.2 |
When listing your Vehicle on the Platform, you shall: |
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(a) |
provide complete and accurate information about the Vehicle (such as the descriptions and conditions of the Vehicle); |
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(b) |
keep information relating to the listing of the Vehicle (including calendar availability) up-to-date at all times; |
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(c) |
provide any other information requested by us. |
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(d) |
ensure the availability and prompt delivery of the Vehicle; |
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(e) |
ensure that the Vehicle, at the time of delivery to the Vehicle Hirer, is safe, clean, suitable and ready for rental and use by the Vehicle Hirer; |
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(f) |
disclose any of the deficiencies, restrictions and requirements that apply to the Vehicle; |
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(g) |
not put in place, install or alter the Vehicle with any modifications, devices, equipment or any other items that may disrupt or interfere with the safe operation of the Vehicle; |
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(h) |
allow Flyt to affix labels and markings on the Vehicle during the rental period, which shall be removed by Flyt, at its own costs and expenses, at the end of the rental period; |
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(i) |
allow for the imposition of such terms and conditions which are reasonable in the vehicle rental business, including but not limited to the suspension of the listing of the Vehicle by the Vehicle Owner if deemed necessary; |
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(j) |
not reject the offer for rental of the Vehicle without proper cause or excuse; |
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(k) |
not demand for the return of the Vehicle, prior to the end of the rental period; |
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(l) |
ensure removal of all personal and valuable items belonging to the Vehicle Owner from the Vehicle upon accepting the offer for rental made by the Vehicle Hirer; |
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(m) |
cooperate fully with Flyt, at all times; and |
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(n) |
not commit any action or omission that would be harmful or prejudicial to Flyt’s business and reputation. |
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10.3 |
You represent and warrant that: |
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(a) |
the Vehicle is safe, clean, suitable and ready to be rented out to Vehicle Hirers; and |
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(b) |
in so far as it is attributable to you, the rental or a Vehicle Hirer’s use of the Vehicle will: |
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(i) |
comply with all applicable laws, rules and regulations (including having all required permits, licenses and registrations); |
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(ii) |
be in accordance with these Terms and where applicable, with the terms of the Terms of Flyt-Manage Service (https://joinflyt.com/terms-and-conditions#flyt-managed); and |
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(iii) |
not breach any agreement or obligation that you have with any third party. |
10. |
Terms specific to Vehicle Hirers |
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11.1 |
Subject to meeting any requirement which may be set by the Vehicle Owners and us, you may rent a Vehicle available on the Platform in accordance with the process on the Platform. You agree to pay all fees (where applicable) in connection with your Account. |
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11.2 |
You represent and warrant that you shall: |
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(a) |
rent, use and operate the Vehicle in a manner permitted by laws and in accordance with these Terms and where applicable, with the Terms of Flyt-Manage Service (https://joinflyt.com/terms-and-conditions#flyt-managed); |
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(b) |
allow for imposition by the Vehicle Owner charges reasonably arising from the rental and use of the Vehicle (including but not limited to rental fees, any service fees, maintenance fees, damage liability fees, costs, charges and expenses); |
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(c) |
promptly pay charges arising from the rental and use of the Vehicle (including but not limited to rental fees, any service fees, maintenance fees, damage liability fees, costs, charges and expenses) due to the Vehicle Owner; |
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(d) |
ensure that the Vehicle is used and operated with the level of care which satisfies the standards reasonably expected for the safe use and operation of the Vehicle; |
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(e) |
maintain and keep the Vehicle in good and usable condition at all times; |
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(f) |
ensure the cleanliness of the Vehicle at all times; |
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(g) |
where there are passengers onboard the Vehicle, exercise reasonable skill, care and diligence in the use and operation of the Vehicle to ensure the safety and comfort of the passengers at all times; |
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(h) |
observe, comply, and obey all traffic rules and regulations imposed by the relevant authorities with respect to the Vehicle at all times; |
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(i) |
not allow any other person to use, operate and drive the Vehicle, unless with the written consent from the Vehicle Owner; and |
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(j) |
return the Vehicle in the same condition it was in when you received the Vehicle, except for fair wear and tear. |
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11.3 |
Further, you shall: |
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(a) |
be responsible for your own acts and omissions, and the acts and omissions of any individual whom you allow to use and operate the Vehicle during the rental period; |
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(b) |
be responsible and be held liable for all liabilities, costs and expenses arising from the violation of laws in the course of the rental and use of the Vehicle; |
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(c) |
be responsible and be held liable for any damage or loss incurred arising from or in connection with the rental and use of the Vehicle; |
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(d) |
be responsible and be held liable for any damage or loss caused to the Vehicle, including but not limited to any liabilities, costs and expenses arising from the making good of the Vehicle or repair of Vehicle or replacement of any parts of the Vehicle, or towing, maintaining and restoring the Vehicle for safe use, arising from or in connection with the rental and use of the Vehicle; and |
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(e) |
be responsible and be held liable for any damage or loss caused to the property of any third party, including but not limited to any liabilities, costs and expenses arising from compensation made to such third party, arising from or in connection with the rental and use of the Vehicle. |
12. |
Rental of the Vehicle |
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12.1 |
The rental of the Vehicle shall commence on the date of delivery of the Vehicle to the Vehicle Hirer ("Effective Date") and shall remain in force until the date the Vehicle is returned to the Vehicle Owner or the termination of these Terms in accordance with Clause 13, whichever is earlier ("Expiry Date"). |
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12.2 |
Prior to the Effective Date, a deposit may be required to be paid by the Vehicle Hirer to the Vehicle Owner as security for the rental of the Vehicle ("Deposit"). Where Deposit is required, the Deposit will be refunded to the Vehicle Hirer in accordance with these Terms on the Expiry Date. |
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12.3 |
All fees, charges, costs and expenses due to the Vehicle Owner under these Terms shall become immediately due and payable on the Expiry Date, unless provided otherwise. |
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12.4 |
The Rental Fees shall be due and payable on a weekly basis, on such day as may be prescribed. Failure to pay the Rental Fees on the day specified amounts to a material breach of these Terms and if applicable, the Terms of Flyt-Manage Service (https://joinflyt.com/terms-and-conditions#flyt-managed). |
13. |
Scope of Flyt’s services |
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13.1 |
As the provider of the Platform, Flyt does not own, create, sell, resell, provide, control, offer, or supply any of the Vehicles. The Vehicle Owners are responsible for the Vehicles that they list on the Platform. |
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13.2 |
For the Owner-Manage Service, the Vehicle Owner and the Vehicle Hirer are entering into a contract directly with each other. In such circumstance, the supply of the Vehicles is directly provided by the Vehicle Owner to the Vehicle Hirer and Flyt is not and does not become a party to or other participant in any contractual relationship between the Vehicle Owners and the Vehicle Hirers. |
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13.3 |
For the Flyt-Manage Service, the Vehicle Owner, the Vehicle Hirer and Flyt are entering into a contractual relationship with one another. In such circumstance, the supply of the Vehicle is directly provided by the Vehicle Owner to the Vehicle Hirer with Flyt acting as an agent for the Vehicle Owner for the management of the Vehicles, in the manner as set out in the Terms of Flyt-Manage Service (https://joinflyt.com/terms-and-conditions#flyt-managed). |
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13.4 |
Flyt has no control over and does not guarantee: |
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(a) |
the existence, quality, safety, suitability, or legality of any of the Vehicles listed for rental; |
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(b) |
the truth or accuracy of any description provided relating to the Vehicles; or |
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(c) |
the performance or conduct of any of the Users arising under or in connection with the use of the Platform. |
14. |
Termination |
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14.1 |
You may terminate your Account at any time as long there is/are no rental(s) running during your termination date. If you terminate your Account, any pending rentals will be automatically cancelled. |
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14.2 |
Upon the occurrence of any of the following events: |
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(a) |
Where you have materially breached your obligations under these Terms; or |
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(b) |
Where there is reasonable suspicion that: |
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(i) |
The Vehicle is at the risk of being used for an unlawful purpose; or |
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(ii) |
Damage to the Vehicle or injury to persons or property caused by the Vehicle is likely to occur; or |
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(c) |
Flyt believes in good faith that such action is reasonably necessary to protect the personal safety or property of Flyt, the Vehicle Owner, the Vehicle Hirer or any third party, |
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Flyt may terminate the Account of the Vehicle Owner or the Vehicle Hirer (as the case may be) and disable the use and access to the Platform (including services) as it deems fit and necessary |
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14.3 |
In the event of termination as set out in Clause 13.1 and Clause 13.2: |
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(a) |
the Vehicle shall be returned to the Vehicle Owner; |
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(b) |
the Vehicle Hirer shall promptly pay all monies due and payable to the Vehicle Owner arising from these Terms as at the date of termination of these Terms; |
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(c) |
the Vehicle Owner shall be entitled to recover and demand for all monies due and payable by the Vehicle Hirer arising from these Terms and if applicable, the Terms of Flyt-Manage Service (https://joinflyt.com/terms-and-conditions#flyt-managed) as at the date of termination of these Terms; and |
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(d) |
where applicable, Flyt shall be entitled to recover and demand for all monies and payable by the Vehicle Owner and / or the Vehicle Hirer arising from these Terms and if applicable, the Terms of Flyt-Manage Service (https://joinflyt.com/terms-and-conditions#flyt-managed) as at the date termination of these Terms. |
PART D: MISCELLANEOUS |
15. |
Restrictions |
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15.1 |
By using the Platform, you represent and warrant that you are legally entitled and have the capacity to accept and agree to these Terms. |
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15.2 |
You are responsible for the use of the Platform, including obtaining the necessary data network access to use the Platform. Your network data usage charges and/or messaging fees may apply in using the Platform and you shall be responsible for such charges and fees. |
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15.3 |
You are using the Platform at your own risk. We shall not be liable for damage to, or viruses or other codes that may affect, any hardware or device, software, data or other property as a result of your access to or use of the Platform. |
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15.4 |
You may only access the Platform using authorised means. It is your responsibility to check and ensure that you have downloaded and/or updated the correct software for the hardware and device. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device. We are not liable if you do not have a compatible hardware or device or if you have downloaded the wrong version of the software on your hardware or device. We reserve the right not to permit you to use the Platform should you use the Platform with an incompatible or unauthorised hardware or device, or for purposes other than which the Platform are intended to be used. |
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15.5 |
You shall use the Platform in accordance with any instruction for use of the Platform which we make from time to time, these Terms and any law and regulation at the time being in force in Malaysia. |
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15.6 |
You shall not in any way use the Platform which in any respect: |
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(a) |
is fraudulent, criminal or unlawful; |
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(b) |
is false, inaccurate or misleading; |
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(c) |
may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; |
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(d) |
impersonates any other person or body or misrepresents a relationship with any person or body; |
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(e) |
interferes with other Users; |
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(f) |
may infringe or breach the Intellectual Property Rights of any third party; |
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(g) |
may be contrary to our interests; |
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(h) |
is contrary to any specific rule or requirement that we have stipulated on the Platform in relation to a particular part of the Platform and/or the Platform generally; or |
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(i) |
contains any computer virus and/or other computer programming routines such as viruses, unsolicited e-mails, Trojan horses, trap doors, back doors, easter eggs, worms, time bombs or cancelbots that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. |
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(j) |
creates liability for us or causes us to lose, in whole or in part, the services of our internet service providers or other suppliers; or |
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(k) |
is in breach of any law or regulation in Malaysia. |
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14.7 |
We reserve the right to remove any information posted on the Platform (if any) that we deem to be in violation of the above, at our sole discretion. |
16. |
Availability and accuracy |
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16.1 |
We endeavour to make the Platform available twenty-four (24) hours a day, however we cannot be liable if for any reason the Platform is unavailable for any time or for any period. We make no warranty or guarantee that your access to the Platform will be uninterrupted or error-free. |
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16.2 |
Access to the Platform may be suspended or withdrawn temporarily or permanently at any time and without notice if such action is deemed necessary by us. We may temporarily suspend the provision of the Platform due to repair, maintenance, checking, replacement, breakdown of communication facilities or introduce new facilities and functions. We shall not be liable for any damage or loss that you or a third party may suffer or sustain as a result of temporary or permanent suspension of the Platform. |
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16.3 |
To the fullest extent permitted by law, no warranty or representation, express or implied, is given that information provided by us through the Platform is complete, accurate, up-to-date or fit for a particular purpose. We make no representation and accept no liability for any error, omission or misrepresentation in respect of the information provided by us. |
17. |
Confidentiality |
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The Platform may allow you to access or view information which is confidential in nature, whether or not such information is expressly stated to be confidential. Such information may pertain to us or to other parties. Where you are able to access or view such information, you warrant and represent that unless such disclosure is expressly provided for under these Terms, you will not and will not allow other parties to disclose or reproduce such information without the prior approval of the owner of such information provided always that you may disclose such information if: (a) such information is already in the public domain otherwise than by disclosure by you; (b) the information was lawfully obtained or available from a third party who is lawfully in possession of the same and free to disclose it; or (c) the disclosure of such information is required by law. |
18. |
Personal Data Protection Notice |
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The individual User has read and understood the Personal Data Protection Notice (https://joinflyt.com/privacy-policy) regarding the processing of personal data, and consents to us processing the personal data for the purposes and to the extent stated in the Personal Data Protection Notice (https://joinflyt.com/privacy-policy). |
19. |
Links to Third Party Websites and Social Media Platforms |
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19.1 |
The Platform may contain links and/or references to other websites and social media platforms ("Third Party Websites and Social Media Platforms"). This may include advertising originating from Third Party Websites and Social Media Platforms. In the event that the Platform includes any such advertising, we are not responsible for the legality of or any error or inaccuracy in the advertisers’ materials or for the acts or omissions of the advertisers. |
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19.2 |
The Third Party Websites and Social Media Platforms are not investigated, monitored or checked for accuracy or completeness by us. |
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19.3 |
We shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites and Social Media Platforms, and the inclusion of or reference to the Third Party Websites and Social Media Platforms does not imply approval or endorsement of those sites and platforms by us. We will not be involved in, and shall not be responsible for any transaction between you and a person/company connected through such Third Party Websites and Social Media Platforms. |
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19.4 |
In the event the User decides to leave the Platform and access Third Party Websites and Social Media Platforms, you shall do so at your own risk. |
20. |
Intellectual Property Rights |
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Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring you or any third party any licence or right, by implication, estoppels or otherwise, under any law, rule or regulation including, without limitation to those related to Intellectual Property Rights. You agree that all intellectual property appearing on the Platform are the property of their respective owners. You shall not use, copy, transmit, publish, distribute or broadcast any work including but not limited to texts, pictures, videos and other contents found on the Platform without prior permission of the respective owners. |
21. |
Disclaimers |
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21.1 |
If you choose to access and use the Platform or participate in the services offered on the Platform, you do so voluntarily and at your sole risk. |
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21.2 |
You agree that the services offered and subscribed to through the Platform may carry inherent risk, and by using the Platform and participating in the relevant transactions, you choose to assume those risks voluntarily. The entire risk arising out of your access to and use of the Platform, your listing of the Vehicle on the Platform, your renting, using and operating of the Vehicle obtained from the Platform or any interaction you may have with other Users whether in person or online, remains with you at all times. |
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21.3 |
You agree that you have had whatever opportunity you deem necessary to investigate the services offered through the Platform, laws and rules or regulations that may be applicable to the listing of the Vehicle by you and/or the rental of the Vehicle by you and that you are not relying upon any statement of law or fact made by Flyt relating to the services offered on the Platform. |
22. |
Limitations and exclusions of liability |
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22.1 |
We shall not be liable for any indirect, incidental, special, consequential or punitive damages, howsoever arising including but not limited to any damages for lost time, income, revenue, profits, good will or other similar items or any business interruption of any kind. We are not responsible for any failure to remove or delay in removing any erroneous, unlawful or harmful content or information from the Platform. Notwithstanding any other provisions of these Terms, you agree that the Platform and any and all of its contents, elements, related facilities or capabilities, is provided on an “as-is” basis, at your own risk. We expressly disclaim any express and implied warranties, including, without limitation, completeness, accuracy, merchantability or fitness for a particular purpose. |
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22.2 |
To the fullest extent permitted by law, under no circumstances will our aggregate liability in connection with any claim arising out of or relating to the use of the Platform or the content exceed the lesser of your actual direct damages or the fees you paid arising from the use of the Platform or the transaction you entered into in the three (3) months period immediately preceding the date the claim arose. We do not warrant that the Platform and any of the contents, elements, related facilities or capabilities will be free of interruption or error, that defects will be corrected, or that the equipment and software that makes the Platform available is free of viruses or other harmful components. |
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22.3 |
Any of the liabilities and risks relating to the transaction undertaken by you shall be borne by you. We shall not be responsible for any loss, damage or liability suffered by you arising from such transaction. |
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22.4 |
We do not endorse or recommend, is not an agent (except under the Flyt-Manage service), reseller or distributor of, and has no control over any of the products or services made available through the Platform (if any), and we hereby expressly disclaim all liabilities and responsibilities arising in relation to any of the products or services whether made available or advertised via the Platform. |
23. |
Indemnity |
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You agree to indemnify and defend us and hold us harmless against all claims, liabilities, losses, damages, costs and expenses of whatever nature (including costs on all indemnity basis) which we may incur or which may be awarded against us and which arise out of the use by you of the Platform or by any breach of any warranty or representation provided by you in these Terms. This indemnity shall not be subject to any limitation of liability and includes without limitation costs and expenses including professional fees incurred in responding to the dealing with claims made irrespective of whether proceedings have been commenced. |
24. |
Others |
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24.1 |
These Terms between you and us shall be governed by the laws of Malaysia and the parties submit to the exclusive jurisdiction of the courts of Malaysia. |
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24.2 |
Except as expressly provided herein to the contrary, no provisions of these Terms, express or implied, are intended or will be construed to confer rights, remedies, or other benefits to any third party under or by reason of these Terms. |
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24.3 |
You shall not use or refer to our name or logo, or refer to us in any manner whatsoever: |
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(a) |
in any communication to the public, including communication to the press; |
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(b) |
for advertising or promotional purposes; or |
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(c) |
for the purpose of informing or influencing any third party, without our prior written consent. |
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24.4 |
These Terms shall bind and inure to benefit of the parties and their respective permitted assigns, representatives and successors in title. |
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24.5 |
We can assign, delegate or transfer any rights or obligations under these Terms, in its sole discretion, to a third party. You shall not assign, delegate or transfer any rights or obligations under these Terms to a third party without our written approval. |
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24.6 |
A party waives a right under these Terms only if it does so in writing. No failure or delay in exercising any right under these Terms shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms. A waiver of one breach of a term of these Terms does not operate as a waiver of another breach of the same term or any other term. |
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24.7 |
These Terms contains the entire understanding between the parties to these Terms with respect to the subject matter thereof and supersedes all prior agreements or understandings, inducements or conditions, express or implied, oral or written. |
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24.8 |
If any provision of these Terms is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and these Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part thereof and the remaining provision shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom. |
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24.9 |
For any enquiries or issues relating to the Platform, you may contact our customer support team at support@joinflyt.com. |