TERMS AND CONDITIONS OF SERVICES
OoGyaa Mobility Sdn Bhd
1. GENERAL CONDITIONS
1.1 These general conditions of service provision (hereinafter the "General Conditions") govern the contractual relationship between OoGyaa Mobility Sdn Bhd (hereinafter referred to as "We" and / or “OoGyaa" and / or “Us”) , on the one hand, and you as a user of the vehicles and services offered by OoGyaa and defined below (hereinafter "You" and / or the "User"), on the other hand.
1.2 OoGyaa offers its Users access to, and the use of, different electronic platforms, including mobile applications (hereinafter the "Platform" and / or "Platforms"), dedicated to renting escooters which it owns (hereinafter the "Vehicle" and / or the "Vehicles")
1.3 The General Conditions constitute the contract concluded between OoGyaa and the User in respect of the rental of the Vehicle and the use of the services (hereinafter the "Service" and / or the "Services") offered on the Platforms (hereinafter after the "Contract").
1.4 By accessing the Platforms, using the Services and the Vehicles provided through the Platforms, and / or by creating an account to benefit from such Services and Vehicles, you, You declare to have taken prior knowledge of the General Conditions and to have understood them fully and fully accepted.
1.5 The General Conditions are provided to the User on the Platforms where they are directly available for reading and printing.
1.6 By accepting these Terms and Conditions, You represent and warrant that you are at least 16 (sixteen) years of age and have the intellectual, physical and legal capacity to use our Services and Vehicles. Otherwise, your parent or guardian may, in accordance with applicable laws, be held responsible for your acts or omissions in connection with your access to the Platforms or your use of our Services and Vehicles.
2. CREATION OF ACCOUNT
2.1 General provisions
2.1.1. In order to access and use our Services and Vehicles, You must first register under a user account via the Platforms (hereinafter the "Account").
2.1.2 Your Account is personal to you and contains your personal and financial information. You agree to secure your Account and, unless expressly authorized in writing by OoGyaa, not to directly or indirectly create an Account for a third party, not to transfer your User Account to a third party, and not to allow or assist a third party to use or access your Account.
2.1.3. Any request for the creation of an Account is subject to OoGyaa's approval, which will be exercised in a non-discriminatory manner. We reserve the right to reject any request to create an Account and, in the event that an application has been accepted, to terminate any Account and / or to deny you access to the Platforms or our Services, in the following cases:
Failure to comply with the provisions of the Contract
In order to ensure lawful use of the Services
In order to ensure the proper excetion of the Contract
In order to comply with applicable law of the injunction of a court, the police, an administrative or governmental authority
2.2 Obligations and Warranties
2.1.1. In connection with the creation and use of your User Account, You are required to provide us with all the information required in accordance with the instructions given through the Platforms. You warrant the accuracy, truthfulness and completeness of all information You have provided to us.
2.2.2. It is your responsibility to ensure that the information provided to us remains accurate, truthful and complete. You agree to update this information as soon as possible. You agree that We may, if necessary or in accordance with applicable laws, control and verify the information You have provided to Us. You agree to cooperate with Us and to provide any assistance We may require in connection with such checks and controls.
2.2.3. You will be liable for any loss or damage that may result from the inaccuracy, non-truthfulness or non-exhaustiveness of the information provided to Us.
2.3 Security Measures
2.3.1. Except for security breaches attributable to OoGyaa, You are responsible for the security and / or control of access to your Account including your login ID and / or your password (s). You agree to ensure that this information is protected and that it is not disclosed to any third party. You agree to comply with the security measures We may implement at any time with respect to your use of the Platforms. You will be liable for any loss or damage resulting from the disclosure of your Account information, or any electronic threat, attack or fraudulent activity resulting from your inability to protect the account.
2.3.2. You must notify us immediately if you suspect or are aware of unauthorized access to or unauthorized use of your Account. For this purpose, you can contact us by email at firstname.lastname@example.org
2.4 Processing of personal data
2.4.1 We process information, including personal data, from your Account and / or generated in connection with the execution of the Contract to the extent necessary and in accordance with the national regulations on the treatment of personal data.
3. PLATFORM LICENSES - PROPRIETARY RIGHTS
3.1. We grant You a limited, free, non-exclusive, personal, revocable and non-transferable license to use and access the Platforms. for personal and non-commercial purposes only, subject to compliance with the General Conditions.
3.2. You may only use the Platforms to the extent permitted by the Terms and Conditions. You may not, and must not allow any third party to:
Modify, adapt, improve, enhance, alter, translate, represent, reproduce all or part of our Platforms or create derivative works of the Platforms;
Create a database by systematically downloading and storing the Platforms;
vs. use the Platforms for any commercial purpose.
3.3 All our intellectual property rights (such as copyrights, trademarks or other distinctive marks) relating to the Services, the Platform and the Vehicles remain the property of OoGyaa and will not be assigned to You in any way.
3.4. The Vehicle and any related equipment is, and remains, the full and entire property of OoGyaa. The Contract does not imply any transfer of any right of ownership over this Vehicle and this equipment to the benefit of the User.
4. USE OF THE PLATFORM AND THE VEHICLE
4.1. Prior to the use of the Vehicle, it is your responsibility to carry out, as a precaution and for safety, a check of the Vehicle to make sure that it is displayed in good condition. operating condition (structure, wheels, batteries, bells, lights, mudguards, etc.) and that there is no sign of unusual wear or technical or mechanical failure.
In the event of any failure or malfunction affecting the Vehicle in use, you must stop driving the Vehicle as soon as possible and in a secure manner, and notify OoGyaa. For this purpose, you can contact us by sending an email at: email@example.com
4.2. By accessing the Platforms and / or renting our Vehicles, You agree to commit yourself to:
Ensure that You are acting in the compliance with all applicable laws and regulations, including, but not limited to, applicable road safety laws and regulations, the Road Transport Act 1987, and the traffic and use rules for roads and motor vehicles.
Wear all recommended safety equipment to reduce the risk of damage.
● Do not exceed the speed of 25 km / h
● Do not drive the Vehicle in the opposite direction of traffic.
Do not use the Vehicle on express lanes; do not use the Vehicle outside the business areas
Make sure You are familiar with how to drive our Vehicles and that you are physically fit to do so
● Assume all of the responsibilities and risks relating to injuries and / or health problems that may result from your driving a Vehicle (except in the event of a technical or mechanical failure of the Vehicle at the origin of said damage)
● Make sure that you handle any equipment provided (including Vehicles) with due care, diligence and safety;
● Not to access the Platforms or use our Services or Vehicles if we have suspended Your access to them.
● Do not use our Services or Vehicles other than via the Platforms.
● Be at least 16 (sixteen) years of age.
● Do not carry a second passenger on our vehicles.
● Be the only user of a Vehicle and be responsible for complying with the rules set out in the General Conditions.
● Do not exceed the maximum authority weight on the Vehicle (120 kg).
● Pay any fines, fees, penalties, impound fees and / or other charges resulting from improper parking of a Vehicle, or violation by You of any law, rule or regulation when using our Platforms and / or Vehicles.
● Make sure that no one other than You uses a Vehicle once you have rented it.
Do not use any locking mechanisms other than those provided by Us.
Do not use any Vehicle if Users has any existing physical or mental condition that would inhibit him/her from safely operating the Vehicle
Do not operate a Vehicle while carrying any item that impedes User’s ability to safely operate the Vehicle.
Do not allow any person to use the Vehicle or allow more than one person to be carried on the Vehicle.
Do not carry objects weighing in total more than 10 kg.
Do not use any Vehicle that exceeds a period of 24 consecutive hours, otherwise OoGyaa equipment is deemed lost or stolen. User’s credit or debit card will be charged the full cost of the Vehicle. A police report may be filed with local authorities.
Do not use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music, selfies or any other use that distracts User from the safe operation of the Vehicle.
Do not use the Vehicle for racing, tricks riding, jumping, stunt riding and/or off-road riding.
Do not operate a Vehicle while under the influence of alcohol, drugs, or any other substance that impair User’s ability to safely operate the Vehicle.
Do not operate or use a Vehicle in any manner during adverse weather conditions, including not limited to: hail, dust storms, fog, heavy rains or lightning storms.
Do not ride or operate a Vehicle that has any defect, fails to operate as a properly functioning Vehicle or that is in need or repair.
Do not continue using the Vehicle if it, or any component of it, should become defective or malfunction.
Do not ride the Vehicle without playing applicable user fess at the time they become due.
Do not keep the Vehicle in User’s possession after the trip has ended.
● Do not disassemble, modify, repair or alter any of the Vehicles or any part of them. You agree to return the rented Vehicle to us in the same condition as when you rented it;
● Use or park Vehicles only in areas where they are permitted. You agree not to use or park a Vehicle in a restricted area. You agree to give priority to pedestrians when You drive. You will be responsible for any use of a Vehicle in a restricted area and for any fines, costs or other costs that may result from Your use of a Vehicle in such a restricted area;
● Do not drive a Vehicle while any object that would prevent you from driving the Vehicle safely. You are advised not to wear loose clothing while riding the Vehicle
● Park a Vehicle at the end of a trip in a visible and easily accessible way. You agree in particular not to park the Vehicle which could constitute an inconvenient parking, such as on a site preventing access to another vehicle at a standstill, in underpasses or tunnels, in front of driveways of buildings or private property, on lanes reserved for certain vehicles (taxis, firemen, police, delivery, underground transport, persons with reduced mobility, etc.), on pedestrian crossings, etc.
● Inform us of any damage, accident, bodily injury, theft or loss of the Vehicle within 1 hour of the occurrence of any of these events. For this purpose, you can contact us by email at firstname.lastname@example.org
● file a complaint with the nearest police station in the event of the theft of a Vehicle that You rented, or in the event of personal injury or property damage involving a Vehicle, and inform Us immediately by sending us an email at the following address: email@example.com
5. PRICE - PENALTIES - INVOICING
5.1. For each period of rental of a Vehicle, you will be charged a lump sum compensation of a fixed amount, to which will be added a sum calculated according to the duration of the period of rental (amount per minute).
5.2 It is stated that the rental period and billing of a Vehicle starts when You unlock the Vehicle and ends when You lock the Vehicle. Under the terms of the rental period, a summary of the rental containing the cost of it will be sent to you.
5.3. Before each rental, when You click on a Vehicle available for rent, You are informed on the Platform used of the applicable rate (amount of lump sum and amount per minute).
5.4 By unlocking the Vehicle, You agree to the rates indicated to you and You agree to pay the rental price.
5.5 In addition to the amounts mentioned above for the rental period, you may be charged additional fees in the following cases:
If the vehicle used with your account is damaged beyond the normal wear, being specified that the amount of the expenses which you may be charged is fixed at the cost of the repair or the replacement of the damaged Vehicle.
If the vehicle used with your Account gives rise to the emission of fines or penalties related to your use of said vehicle in violation of one of the provisions of the article 4 above or any law or regulation in force, we will charge you the amount of the said fines or penalties that will have been charged to us.
5.6 The sums due to us in respect of the rental period (see article 5.1 above) and any other miscellaneous expenses related to the use of a Vehicle (see article 5.2 above) are deducted from the account linked to your payment method registered by You when you created your Account. Any modification relating to your means of payment must be registered by You on your Account as soon as possible. You expressly authorize us to make such a deduction. If it is impossible to collect the sums due to You by you, for a reason not related to our fact or the fact of a third party, a technical problem or a force majeure event, We shall see each other forced to put in place other means of recovery of the sums due to us. You will then be billed for any additional costs We may have incurred in recovering the amounts due to Us.
6. PROMOTIONAL CODES
We may, based on sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that OoGyaa establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
Must be used for the intended audience and purpose, and in a lawful manner;
May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Us;
May be disabled by Us at any time for any reason without liability to Us;
May only be used pursuant to the specific terms that We establish for such Promo Code;
Are not valid for cash; and
May expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that We determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these terms.
7. LIMITATION OF LIABILITY - GUARANTEES
7.1. It is reminded that, because Vehicles are shared amongst Users, we cannot be held responsible by Users for a lack of available Vehicles, or if a Vehicle does not have sufficient battery level to be used by a User.
7.2. We make no warranties or representations as to the availability of our Services or the fact that the Platforms will operate without error, uninterrupted or available at any time. In certain circumstances, our Services may be interrupted, delayed, or unavailable, including, but not limited to, scheduled maintenance, upgrades, urgent repairs, and communication link failures and / or equipment. We can not be held liable to You for any loss or damage of any nature whatsoever resulting from a malfunction, interruption, delay or unavailability of our Services and / or our Platforms. .
7.3. We make no warranties or representations as to whether all Vehicles provided to you through the Platforms are in perfect working condition, or that they will meet your expectations in terms of quality or technical characteristics. Vehicles provided to you or selected by you are shared with other users. It is Your responsibility to check the Vehicle that was provided to you or that you have chosen in accordance with article 4.1 above, and to make sure that you are able to drive the Vehicle and that its use is safe.
7.4. You acknowledge and agree that:
The Vehicle may malfunction even if properly maintained by OoGyaa or inspected prior to use; in addition, driving, using or handling a Vehicle carries the risk of causing property damage and personal injury to you and others. This risk can not be fully anticipated or circumscribed even if adequate precautions are taken. By driving, using, using or handling a Vehicle, You agree to assume the risks and liability for any injury, damage, loss or cost to you, others or property that may result from this use
The Vehicle is a source of danger and if death or personal injury or material damage is caused to you or a third party by your use of this Vehicle, You will be solely responsible for it. OoGyaa cannot be held liable for it.
The wearing of safety equipment, and the respect of the General Conditions as well as the regulations in force (in particular, Code of the Road, Road Safety, etc.) by You, make it possible to reduce the risk of occurrence of bodily injury and material damage , both for you and for third parties.
7.5. We do not assume any liability for loss or damage to you or to third parties caused by:
Your sole act, in particular if You breach a provision of the Terms and Conditions General or applicable regulations;
A force majeure within the meaning of the Civil Code. In particular, acts of force majeure are all losses, damages, failures or failures that are proven to be entirely due to causes beyond our control, including, but not limited to, failure of computer network equipment, connection , computer systems, communication or other system, power outages, strikes, riots, fires, floods, storms, explosions, wars, government measures, changes in legislation, regulations, administrative provisions and other rules, decisions of the judicial authorities or administrative, natural disasters.
In any case, OoGyaa's liability is limited to direct, certain and foreseeable damage in accordance with applicable law.
8. NETWORK ACCESS AND DEVICES
User needs to connect the device with the Internet to be able to download the OoGyaa app and complete the service via these General Terms.
The User accepts that We are not responsible for the quality and availability of the Internet network and that the availability of the service can be impaired by the quality and availability of the Internet connection, which is provided to the User by their telecommunications provider.
We give no performance guarantee for the OoGyaa app. It is not part of the performance that the OoGyaa app is available, safe or flawless at any time or that minor errors in the software or service will be fixed. In this respect We do not offer any warranty.
We may occasionally update our Terms and Conditions. We will notify You of any changes by posting the new Terms and Conditions on this page. We will notify you by email and / or through a visible banner on our Platforms prior to the entry into force of the amendment and update the "effective date" referred to at the bottom of the Terms and Conditions. We advise you to periodically review the Terms and Conditions to be aware of any changes. The modifications made to the Terms and Conditions come into effect when they are posted on this page.
The nullity of one of the clauses of the General Conditions in application of a law, a regulation, or following a court decision, will not entail the nullity of the General Conditions.
11. DURATION - TERMINATION
The Contract is concluded for an indefinite period and your acceptance of its terms is renewed for each lease. It may be terminated at any time by the User, by contacting OoGyaa at the following email address: firstname.lastname@example.org
The Contract may be terminated by OoGyaa in the event of a breach by the User of one of his obligations under the Contract.
12. APPLICABLE LAW AND COMPETENT JURISDICTION
12.1. The Contract, including the General Terms and Conditions, is governed by and interpreted in accordance with Malaysian law.
12.2. Any dispute relating to the conclusion, the validity, the interpretation, the execution or the termination of the Contract shall be submitted to the Malaysian courts under common law conditions.
Rev 01 - 14/01/2020