Terms of Use (T.o.U)

DRIVE Terms of Use (ToU)

For the purpose of this section, mentioned below as the “Agreement”, it shall constitute a legally binding contractual relationship between you and DRIVE, hereinafter referred to as “DRIVE”, “we”, “us”, or “our”. This Agreement governs your use of the DRIVE platform, henceforth known as “the Platform”. By entering into this Agreement, you acknowledge that you have read, understood, and accept the entirety of its stipulations. 

 

BY USING DRIVE, YOU ARE CONFIRMING THAT YOU HAVE ACCEPTED AND AGREED TO OUR TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AS PER CONTAINED IN THIS AGREEMENT, WE REGRET TO INFORM THAT YOU MAY NOT USE OR ACCESS THE PLATFORM.

 

1. DRIVE

DRIVE presents an integrated fleet management system and marketplace platform (hereunder referred to as “the Service”). What this Service facilitates is a dynamic environment where individuals or companies (referred to as the “DriveUser”) offer fleet management, car-sharing, and car with driver services to those in need of transportation to specific destinations (“Customers”). 

 

Collectively, the DriveUser, Customers, and Partners make up the entire “DriveUsers” database of the Platform. DRIVE essentially creates and establishes meaningful connections with DriveUsers, enabling them to manage their fleet or businesses and deliver services to Customers seamlessly via the Platform. DRIVE is under the operation, management, and ownership of Wahdah Technologies Sdn Bhd, a company headquartered at No. 9, Jalan MH 3, Taman Muzaffar Height, 75450, Ayer Keroh, Melaka, Malaysia. For any inquiries or further assistance, we can be reached via email at support@wahdah.my

 

2. Amendment to the Agreement

The provisions outlined in this document, henceforth referred to as “the Terms”, form a legally enforceable covenant between you and DRIVE. We retain the authority to amend these Terms at any given time without prior notification to DriveUsers. These amendments will come into effect immediately upon their publication. Your acceptance of this Agreement signifies your agreement to these changes. The revised Terms will remain in effect as long as the DriveUser continues using the Platform.

 

3. Eligibility

The DRIVE platform is open to all individuals and companies who possess legal ownership or rightful custody of one or more vehicles. As the DriveUser, you affirm that you meet all legal eligibility requirements under prevailing laws. Furthermore, you assert that you possess the necessary authority and capacity to comply with all of the conditions as set out in this Agreement, both on a personal level and on behalf of any entity that you may represent.

 

 4. Terms of Use

In order to be able to use the Platform, DriveUsers will be required to create an account, register personal information including banking and/or credit card details. To ensure seamless and real-time communication, DriveUsers are also required to install the Telegram application on their smartphones for interaction with DRIVE representatives. DriveUsers are strictly prohibited from sharing their user IDs, personal passwords, or any information that could potentially grant access to the Platform. Moreover, DriveUsers must not permit others to use their accounts, agreeing to be the sole authorized user. DRIVE will not be held accountable for any misrepresentations or misconduct on the Platform resulting from the DriveUser's failure to protect sensitive information. 

 

To fully leverage on the Platform's features, DriveUsers must have access to electronic devices such as desktops, laptops, smartphones, or tablets with an internet connection. As the Platform is an online application, any browser is suitable for access and operation. DRIVE shall not be held responsible for any disruptions, disconnections, or inability to access the Platform for whatsoever reason. However, DRIVE will strive to ensure the Platform's constant availability for DriveUsers. The Platform is free to use upon successful registration. The completion of registration is contingent upon the providing of necessary information by the DriveUser, which must be accurate and valid. Any misrepresentation or misleading information provided by the DriveUser will be deemed a breach of the Agreement, resulting in immediate denial of access to the Platform. DRIVE reserves the right to refuse or terminate any DriveUser at its sole discretion and for whichever reason. This right also extends to DriveUsers, who may close their accounts at any time.

 

5. Intellectual Property (IP) 

Any and all intellectual property rights pertaining to the Platform and its contents thereof are unequivocally and exclusively owned by DRIVE. This encompasses but is not limited to, database rights, copyrights, designs (registered or unregistered), and trademarks (registered or unregistered). Any other trademarks, logos, service marks, company or product names featured on the Platform are the property of their respective DriveUser. You acknowledge and agree that any content uploaded (such as company profile pictures, etc.) or any feedback, questions, suggestions, ideas, comments, or other information (“Submissions”) provided by the DriveUser on the Platform are non-confidential and shall become the exclusive property of DRIVE. Our logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks, or trade dress of DRIVE in Malaysia and/or other countries (collectively referred to as “DRIVE Trademarks”). The DriveUser is strictly prohibited from modifying or altering any of DRIVE's intellectual property rights.

 

You hereby agree not to: -

  1. Create any materials that resemble or incorporate the DRIVE Trademarks without prior written approval from DRIVE.
  2. Use the DRIVE Trademarks in connection with any product, service, or activity (legal or illegal) that violates any law, government regulation, or standard.
  3. Input, upload, post, transmit, or otherwise distribute on the DRIVE platform or any other part of the Service any copyrighted content for which the DriveUser does not own all rights unless prior written permission from the author and copyright holder has been obtained.

 

6. Restrictions on Activity

DriveUsers are obligated to use the Platform strictly for legitimate purposes only. It is incumbent upon the DriveUser to ensure that they do not, either intentionally or inadvertently, violate any local, national, or international laws or regulations. This includes but is not limited to, laws pertaining to copyright, trademark, obscenity, privacy, and information security. DriveUsers are also beholden to refrain from knowingly introducing any harmful programs, viruses, or files into the Platform. Likewise, they are expected to exercise reasonable care to prevent such occurrences, whether intentional or accidental. Additionally, the DriveUser is expressly prohibited from engaging in any activities that may compromise the integrity of the Platform. This includes but is not limited to, reverse engineering, decompiling, disassembling, or any other attempts to uncover the source code or underlying ideas or algorithms of the Platform, either directly or indirectly.

 

7. Personal Information

DRIVE, as the data controller, may collect certain personal data (hereinafter referred to as "Data") from DriveUsers for security and operational purposes. This Data, collected upon registration with DRIVE, may include but is not limited to, identity, company profile picture, email address, and company details such as office location. The primary purpose of processing this Data is to manage and operate the DriveUser's account on the Platform. In addition, the email address provided may be used to communicate any changes or updates related to services offered. Sensitive Data, including bank account or credit card information, will also be collected upon registration. This information will be used exclusively to process payments collected by DRIVE and reimburse the DriveUser. On the other hand, the DriveUser reserves the right to access and rectify their Data at any time. This can be done through their DRIVE account or by directly contacting DRIVE. Any information provided, published, or posted to the Platform, or shared with another DriveUser (including in-application feedback, email communications, or DRIVE-related social media postings) will be considered as consent from DriveUsers for DRIVE to use this information for account creation and management on the Platform.

 

8. Disclaimers

DRIVE offers its services on an "as is" basis, without any explicit or implicit guarantees concerning the quality, accuracy, correctness, relevance, merchantability, suitability for a specific purpose, or non-infringement. To the maximum extent allowed by law, neither DRIVE nor its management, employees, or contractors provide any explicit or implicit guarantees regarding the operation of services. This includes but is not limited to, the Service's availability at any given time or location, its uninterrupted operation, freedom from viruses or errors, and the correction of any potential errors.

 

9. Communications with DRIVE

As the DriveUser, you consent to engage in various forms of communication with us. This encompasses receiving emails, text messages, phone calls, and push notifications across various app messengers, including but not limited to platforms such as Telegram and WhatsApp. Furthermore, you acknowledge and accept that some of these communications may be facilitated through automated dialing systems, including text messages, calls, or prerecorded messages.

 

10. Indemnity 

In your capacity as the DriveUser with DRIVE, you agree to safeguard, indemnify, and absolve DRIVE, including our affiliates, subsidiaries, parent companies, successors, and assigns, as well as each of our respective officers, directors, employees, agents, and shareholders. This very same exemption shall extend to any losses, costs, liabilities, and expenses (inclusive of reasonable legal fees) that may arise from or relate to your role as the DriveUser, including any breach of this Agreement or any violation of laws or third-party rights on your part. This indemnification applies irrespective of any party's negligence, including any person indemnified under this clause.

 

11. Liability

Under no circumstances shall DRIVE, including all of its affiliates, subsidiaries, parent companies, successors, and each of our respective officers, directors, employees, agents, or shareholders (hereinafter collectively referred to as “DRIVE” for the purpose of this clause), bear any liability towards you for any incidental, special, exemplary, punitive, consequential, or incidental damages. This includes but is not limited to, damages resulting from corruption, loss of programs, deletion, failure to store any data, or loss of data maintained by the Platform.

 

12. Severability

Should any provision under these terms be deemed invalid or unenforceable for any reason whatsoever, the remainder of the Terms shall be kept in full effect, both valid and enforceable as though the invalidated or unenforceable provision had not been included therein.

 

13. Waiver

Should DRIVE fail to uphold any right or provision stipulated within the Terms, it shall not be deemed a waiver of that particular right or provision.

 

14. Confidentiality

As a trusted partner, you commit to taking all reasonable measures in safeguarding the confidentiality of DRIVE's proprietary information, which encompasses technical, financial, strategic, and other confidential details pertaining to our business, operations, and properties (hereinafter referred to as “Confidential Information”). This information, disclosed to you by DRIVE, must be handled with the utmost discretion. You are obliged not to disclose, or allow the disclosure of, any Confidential Information to third parties, and to ensure it remains strictly confidential, preventing any possibility of it entering the public domain.

 

15. Relationship with DRIVE

By entering into this Agreement, you hereby acknowledge and consent to a direct business relationship with DRIVE. This relationship is strictly defined as one between independent contracting parties. It is important to clarify that this Agreement does not constitute an employment contract, and as such, does not establish an employer-employee relationship between you and DRIVE. This Agreement does not create a joint venture, franchisor-franchisee, or agency relationship. You are not authorized to make any commitments on behalf of DRIVE, and you are expressly prohibited from representing yourself as an employee, agent, or authorized representative of DRIVE. Moreover, this business relationship does not entitle you to any benefits typically associated with employment, such as vacation or sick leave payments. You are also not eligible to participate in any plans, arrangements, or distributions related to bonuses, stock options, profit sharing, insurance, or similar benefits designed for DRIVE's employees.

 

16. Warranty and Representation

By engaging with DRIVE, you affirm and guarantee your compliance with all relevant laws and regulations. This includes but is not limited to, copyright and trademark laws, as well as anti-spam legislation. You further commit to refrain from using the Platform or any associated elements of DRIVE for any unauthorized or illegal purposes.

 

17. Obligation(s) relating to Dispute Resolution and Legal Proceedings

The DriveUser information we have gathered may be utilized to investigate and resolve any allegations or disputes pertaining to your use of our Platform and its services. This is in accordance with the permissible boundaries of the law, or as mandated by regulatory bodies, governmental entities, court orders, or official investigations. In every instance where the DriveUser information is employed as described in this clause, DRIVE pledges to uphold the confidentiality of such information. We will exhaust all reasonable measures to prevent any unwarranted disclosure and to safeguard the confidentiality of the information.

 

18. Compliance with Regulations by Government Authorities

DRIVE may disclose your information if deemed necessary by law, regulation, operational agreement, legal proceedings, or governmental directives, or when such disclosure is deemed appropriate due to safety or related concerns. This encompasses the provision of your information to law enforcement, governmental authorities, or other relevant third parties to uphold our Terms of Use (ToU) agreement, or other policies, safeguard DRIVE's rights or assets, or the rights, safety, or assets of others, or in the event of a claim or dispute pertaining to your use of the Service. Should you use another individual's credit card, we may be legally obligated to disclose information to the cardholder, including subscription details. Furthermore, your information may be shared with other parties during the negotiation or execution of any merger, asset sale, consolidation or restructuring, financing, or acquisition of all or part of our business by or into another entity.

 

19. Deference to Personal Data Protection Act (PDPA) 2010

At DRIVE, we prioritize the protection of your privacy, confidentiality, and security concerning all personal data entrusted to us. Our longstanding policy has been to safeguard your personal information diligently. With the implementation of the Personal Data Protection Act 2010 ("PDPA"), our commitment has been further strengthened to ensure that all personal data is protected in accordance with the PDPA. We process personal data that you voluntarily provide to us during your registration on our Platform. This data includes but is not limited to, your name, address, NRIC, and contact details. By accepting this Agreement and registering your user information, you are explicitly consenting to our processing of your personal data. You agree to indemnify us in the event of any loss or damage resulting from your failure to comply with these requirements. We will retain your personal data only for the duration necessary to fulfill the specified purposes or as mandated by law

DriveHost Terms of Service (T.o.S)

 

DriveHost Terms of Service (ToS)

 

1.     Terms of Service (Partnership Agreement)

The following Terms of Service (“Terms” or sometimes “Agreement”) regulate your access and use of the applications, websites, content, products, and services (collectively referred to as “Services'') provided by DRIVE and its associated entities within Malaysia as well as other territories such as Singapore, and Indonesia. Please read through these Terms carefully as they form a legally binding contractual relationship between you and DRIVE. By accessing or using the Services, you acknowledge your acceptance of these Terms. If you disagree with these Terms, you are prohibited from accessing or using the Services. These Terms supersede any previous agreements or arrangements with you. DRIVE reserves the right to terminate these Terms or any Services concerning you, or deny access to the Services or any part thereof, at any time for any reason. Additional terms may apply to specific Services, which will be disclosed to you separately. In case of a conflict, these supplemental terms will take precedence over the initial Terms. DRIVE may revise the Terms periodically. Your continued access or use of the Services after such revisions signifies your acceptance of the updated Terms. If you reject any changes to these Terms, you must notify DRIVE in writing within thirty (30) days of the change becoming effective. By rejecting changes, you agree to abide by the Terms as they were when you first accepted them. DRIVE's collection and use of personal information in connection with the Services is outlined in DRIVE's Privacy Statements.

2.     DriveHost

As per the above mentioned, DRIVE via its Services offers an integrated fleet management system and marketplace platform. These Services cultivate a vibrant ecosystem where partners of DRIVE, encompassing both individuals and car leasing companies (now collectively termed “DriveHost”), provide car-sharing and car with driver services to those requiring transportation to specific destinations (referred to as either “Customers”). At its core, DRIVE fosters significant relationships with DriveHosts, empowering them to efficiently manage their fleet of vehicles and deliver impeccable services to our Customers through the DRIVE platform.

3.     Seeking Dispute Resolution with DRIVE on an Individual Basis

By accepting these Terms, you agree to resolve any disputes with DRIVE through communicated means and mediation that are set forth on an individual basis, as detailed in this Agreement. Consequently, the Agreement hereby prohibits you from initiating or participating in any class, collective, or representative legal action against DRIVE whatsoever.

4.     Description of Services

The Services include web applications and related services that allow Customers to arrange and schedule transportation, logistics, and/or delivery services with DriveHosts and third-party providers affiliated with DRIVE. In some cases, the Services may also offer an option to receive these services for a fixed price, subject to acceptance by the respective DriveHosts. Unless otherwise agreed by DRIVE in writing, the Services are intended solely for your personal, non-commercial use. DRIVE grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications and any related content, information, and materials, provided you comply with these Terms. All rights not explicitly granted are reserved by DRIVE and its licensors.

4.1 Restrictions

You are prohibited from removing any proprietary notices from any part of the Services; reproducing, modifying, distributing, licensing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or exploiting the Services in any way not expressly permitted by DRIVE; decompiling, reverse engineering or disassembling the Services; linking to, mirroring or framing any part of the Services; launching any programs or scripts for data mining or hindering the operation and/or functionality of the Services; or attempting to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

4.2 Service Provision

We wish to inform you that our services are offered under various brands and request options associated with transportation and logistics. These include our transportation request brands known as “DRIVE Car-Sharing”, “DRIVE Car with Driver”, and “DriveHero”. These services may be provided by DRIVE subsidiaries, affiliates, or independent third-party providers, including Transportation Network Company drivers and Transportation Charter Permit holders.

4.3 Third-Party Services and Content

Please note that our services may be accessed in conjunction with third-party services and content, including advertising, over which DRIVE has no control. Different terms of use and privacy policies may apply to your use of such third-party services and content. DRIVE does not endorse these third-party services and content and shall not be held responsible or liable for any products or services provided by such third-party providers. These third-party beneficiaries are not responsible for providing or supporting our services in any way. 

4.4 Ownership

All rights to the services are and shall remain the property of DRIVE or DRIVE's licensors. Your use of the services does not grant you any rights in or related to the services, nor any rights to use or reference DRIVE's company names, logos, product and service names, trademarks, or service marks, or those of DRIVE's licensors.

5.     Access and Use of Services

To use most aspects of our services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account unless a specific service permits otherwise. Account registration requires you to provide certain personal information to DRIVE. You are responsible for maintaining accurate, complete, and up-to-date information in your Account. You are also responsible for all activity that occurs under your Account and for maintaining the security and secrecy of your Account username and password at all times.

5.1 User Requirements and Conduct

Our services are not available for use by persons under 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third-Party Providers unless you accompany them. You agree to comply with all applicable laws when accessing or using our services, and you may only access or use our services for lawful purposes.

5.2 Communication

You agree that DRIVE may contact you by telephone, email, or text messages at any of the phone numbers provided by you or on your behalf in connection with a DRIVE account, including for marketing purposes. You may opt out of receiving text messages from DRIVE at any time by contacting support@wahdah.my. If you do not choose against this, DRIVE may contact you as per outlined in the DRIVE App Terms of Use (DRIVE ToU).

6. DriveHost Registration and Further Documentation

To register as a DriveHost, individuals are required to provide DRIVE with their personal identification and license details. For companies, a valid Business Registration Certificate from the Companies Commission of Malaysia (SSM) is required. Once vehicles are added to the respective fleet, the registration process for both individuals and companies can be completed by submitting a copy of the Vehicle Registration Certificate (Car Grant) and Car Insurance Cover Note to DRIVE. This additional documentation ensures a comprehensive and secure registration process for all prospective DriveHost members. 

7. DriveHosts Compensation Structure / Payment Scheme 

7.1 EARNINGS PAYMENT

DRIVE does not offer direct compensation for any car leasing facilitated through the DRIVE platform. Instead, we allocate car leasing based on the availability and readiness of your vehicle to serve our Customers. The payment received by DRIVE from bookings or leasing will be reimbursed to you at a rate of 70% to 85% of the leasing value, excluding the security deposit. The final payment may be subject to negotiation in instances such as peak seasons, vehicle upgrades, promotions, etc.

7.2 MAXIMUM PAYMENT

DRIVE reserves the right to take a certain percentage from the maximum amount of payment, which is derivative of the total lease amount, as mutually agreed upon by DriveHost and DRIVE prior to this publication. Any modifications of the percentage limitations are subject to the purview and sole discretion of DRIVE. These changes, if any, will be communicated to you via the DRIVE platform, email, Telegram apps, or the phone number linked to your account. It is incumbent upon you to stay updated on the maximum payment rate should you intend to refer new users to the DRIVE platform.

7.3 PAYMENT ADJUSTMENT

DRIVE also reserves the right to adjust, withhold, or deny any lease payment if it is determined or suspected that the payment was made in error or earned in violation of this agreement or any applicable laws as well as in the instance of an incomplete leasing assignment. Any decisions to adjust or withhold leasing payments will be made in a reasonable and fair manner.

7.4 CLAIMS

Any claims submitted to DRIVE must meet specific criteria to be processed. Claims must be supported by clear evidence for further consideration. Claims made without using the DRIVE platform or without clear evidence will not be entertained. Acceptable forms of evidence include receipts and clear images, which must be submitted via the DRIVE platform. DRIVE will only accept claims made within 10 days from the date of the incident. Please note that any late claims beyond this period will not be entertained by DRIVE and its administration. 

7.5 PAYMENT METHOD

DRIVE processes all due payments via a third-party payment processor. You acknowledge and agree that the payment amount will not include any interest and will be net of any amount we are required to withhold by law. Payments will be processed following the return of vehicle and after the closing reimbursement cut-off on DRIVE App and credited to DriveHosts bank accounts within 3-5 working days. DRIVE is not responsible for any delays in the payment process for any reason. Payments will be transferred to the DriveHosts bank accounts registered on the Platform.

8. Compliance with Land Public Transport Agency “Proof of Concept”

DRIVE may disclose your information if deemed necessary by law, regulation, operational agreement, legal proceedings, or governmental directives, or when such disclosure is deemed appropriate due to safety or related concerns. This encompasses the provision of your information to law enforcement, governmental authorities such as Land Public Transport Agency (APAD), or other relevant third parties to uphold our Terms of Service (Partnership Agreement), or other policies, safeguard DRIVE's rights or assets, or the rights, safety, or assets of others, or in the event of a claim or dispute pertaining to your use of our Services. Should you use another individual's credit card, we may be legally obligated to disclose information to the cardholder, including subscription details. Furthermore, your information may be shared with other parties during the negotiation or execution of any merger, asset sale, consolidation or restructuring, financing, or acquisition of all or part of our business by or into another entity. 

9. Unlimited Mileage

As per the provisions stipulated in the Terms and Conditions of our Car Leasing Agreement, unlimited mileage has already been made complimentary for Customers and absorbed by the lease amount charged for as long as the duration of the lease term is active. By consenting to this Agreement, the DriveHosts acknowledge and accept our customer policy of Unlimited Mileage.

10. Office and Operation Hours

While DRIVE is a dynamic fleet management and marketplace platform, operated, managed, and owned by Wahdah Technologies Sdn Bhd (“Wahdah Technologies”), the day-to-day running of car leasing activities and business transactions are handled instead by the team of Operators either at WAHDAH Hub or our affiliated Operating Centres. As such, whether you are interacting with the dedicated employees of Wahdah Technologies, the diligent staff at WAHDAH Hub, or our affiliated Operating Centres to resolve any issues and/or troubleshoot these problems, all DriveHosts are kindly requested to respect and adhere to the designated office hours for Wahdah Technologies (9:00 AM to 5:00 PM) and operational hours (7:00 AM to 11:00 PM) for both WAHDAH Hub, as well as our affiliated Operating Centers respectively.

11. Fit-to-Share

DriveHosts must diligently ensure that their shared fleet of vehicles, collectively referred to as the “Fleet,” is maintained to an optimal operating standard and remains functional when made active for lease transactions. The term "Fit to Share" encompasses the commitment of DriveHosts to warrant that their vehicles meet specific criteria before being made available for lease, including but not limited to the following:

11.1 Operating Standard

DriveHosts are responsible for ensuring that each vehicle in their Fleet adheres to a set operating standard before sharing. This includes regular maintenance checks, ensuring all essential systems are in proper working order, and addressing any issues that may compromise the safety or functionality of the vehicle.

11.2 Cleanliness 

DriveHosts must present vehicles that are clean and well-maintained. This involves regular cleaning, both interior and exterior, to provide a comfortable and hygienic environment for Customers during lease transactions.

11.3 Functionality

Vehicles must be fully functional and operational at all times when offered for sharing. DriveHosts are required to address any mechanical or technical issues promptly to avoid disruptions during the lease period.

11.4 Safety

DriveHosts must ensure that their vehicles do not pose any hazards to Customers. This includes verifying that all safety features, such as brakes, lights, and airbags, are in proper working condition.

12. Allianz Malaysia P-2-P Insurance 

We understand that DriveHosts may encounter difficulties in claiming insurance coverage due to the commercial nature of vehicle leasing activities. Some insurance providers may classify these activities under commercial transactions, thereby excluding DriveHosts from claiming their insurance coverage. To address this potential challenge, we have partnered with Allianz Insurance Malaysia to offer a unique solution, that being Allianz Malaysia P-2-P Insurance. This add-on insurance is specifically designed to bridge the gap between traditional insurance coverage and the unique needs of DriveHosts. It ensures that DriveHosts can confidently lease their vehicles on a P-2-P platform without worrying about the complexities of the insurance claim process. However, it's important to note that if DriveHosts choose not to avail of the P-2-P Insurance offered by Allianz Insurance Malaysia, DRIVE will not be held responsible for any complications that may arise during the insurance claims process. We strongly recommend considering this add-on to ensure a smooth and hassle-free insurance claim experience.

13. Late Issued Summons

In the event that traffic authorities issue summons against vehicles registered under the name of DriveHosts, particularly beyond the 15-day window following the return of the leased vehicle and well after the retention period of the Customers' deposits, DRIVE reserves the right to reject any retrospective claims. It is the responsibility of the DriveHosts to stay informed and updated on any summons issued to vehicles registered under their name, as they are able to do so via the relevant portals online. However, in other circumstances that are over and above their control, DRIVE may then assume a portion of the summons cost, with the remainder to be covered by the DriveHosts. Please note that this is only applicable under specific conditions. This provision exists as some summons may only reach DriveHosts via post or mail well after the expiration of the customer's deposit retention period.

14. Leveraging DRIVE Apps to Streamline Business Transactions

To enhance the operations of DRIVE and its administration, we kindly remind all DriveHosts that the DRIVE app platform is a mandatory tool for conducting business and securing potential customers interested in car leasing. Similarly, bookings from Customers are exclusively notified through the DRIVE app. Non-compliance with these guidelines by DriveHosts may result in a suspension of lease payments to their fleet or vehicles following the conclusion of a lease period. Upon acceptance of this Agreement, DriveHosts willingly agree to the provision of the DRIVE application usage, thereby affirming full compliance with all the stipulations and Terms outlined herein.

15. Non-Compete Agreement

While DRIVE may not necessarily enforce the principle of restraint of trade, it is imperative that DriveHosts agree not to engage in business with other individuals or entities, or affiliates of a company in a way that heavily depends on the confidential business information obtained via DRIVE. Moreover, DriveHosts are prohibited from conducting business with any individual or entity that is in direct competition with DRIVE, or from establishing a platform akin to DRIVE using its confidential information, while exploiting DRIVE's copyrights and intellectual property for personal gain or benefits. This stipulation is in place to safeguard DRIVE's proprietary trade secrets and confidential information.

16. DriveHosts Accountability in matters relating to Insurance Claims and Summons

The accountability of DriveHosts (to be complied with) encompasses but is not limited to, the following:

16.1 DriveHosts shall bear significant accountability in the event of insurance claims. DriveHosts are thus, obligated to expedite insurance claims from their respective providers even for instances where Customers have acquired our Limited Reduction Options (LRO) and have contributed towards the Excess Fees, these funds are strategically utilized only to offset the costs associated with Downtime, Assessed Repair Time, and Loss of Use. This is particularly applicable during the timeframe when vehicles are undergoing repairs in the Workshop. It is incumbent upon the DriveHosts to contra the costs of damages by expediting claims with their respective car insurance coverage providers.

16.2 This accountability further extends to traffic summons for which DriveHosts are held accountable i.e. traffic summons related to non-compliance with vehicle regulations. Such cases may include non-compliance with the Standard Operating Procedures (SOPs) or regulations, such as car plate requirements mandated by the Road Transport Department (JPJ) of Malaysia. 

16.3 Additionally, DriveHosts are responsible for adhering to the limitations imposed by the traffic division of the Royal Malaysian Police (RMP) on car window tinting. Any deviation from these regulations may result in any traffic summons, for which the DriveHost shall be held liable.

17. Cancellation of Booking

17.1 Customer Cancellation (Early or Less than 24 Hours Before)

In the event of a booking cancellation by Customers, whether early or less than 24 hours before the scheduled lease period, DriveHosts will be reimbursed based on the following principles:

17.1.1 In the case of early booking cancellations by Customers, where the cancellation occurs well in advance of the scheduled lease period, DRIVE ensures continued business opportunities on the DRIVE platform. This comes as DRIVE recognizes the impact of early cancellations on DriveHosts and aims to foster a collaborative and supportive environment.

17.1.2 For late booking cancellations which is less than 24 hours, where the value of the booking and payment has been reflected on the DRIVE app, DriveHosts will receive partial compensation by way of a DRIVE voucher as outlined in the DRIVE compensation policy. The exact voucher compensation is at the discretion of WAHDAH and will be communicated to DriveHosts through the DRIVE platform or other designated communication channels.

17.1.3 DRIVE acknowledges the commitment of DriveHosts to providing quality services and understands that cancellations may be beyond their control. In recognition of this, DRIVE commits to providing DriveHosts with continued business opportunities, prioritizing them for future bookings and potential collaborations on the platform.

17.1.4 Details regarding continued business opportunities, including priority access to future bookings and collaborations, will be communicated to DriveHosts through the DRIVE platform or other designated communication channels. DRIVE aims to maintain transparency and open communication to ensure DriveHosts are aware of the ongoing support and opportunities available to them. 

17.2 Cancellation by WAHDAH via DRIVE

17.2.1 Due to Customer Non-Compliance or Transaction Disagreement

If WAHDAH cancels a booking because Customers fail to agree to the closing of transactions or upgrade deals, DriveHosts will be compensated in accordance with the DRIVE compensation policy. The details of the compensation will be communicated through the DRIVE platform or other designated channels.

17.2.2 Due to DriveHosts Inadequacy

If WAHDAH cancels a booking due to DriveHosts being inadequate to offer their services, DRIVE reserves the right to impose points reduction on the DriveHosts. The specific points reduction will be determined by DRIVE and communicated to the DriveHosts through the DRIVE platform or other designated channels. These measures aim to ensure the continuous improvement of service quality.

17.3 DriveHosts Cancellation

17.3.1 Early and Late Stage Cancellation

If DriveHosts cancel a booking, whether in the early or late stage, DRIVE may impose points deduction based on the severity and frequency of the cancellations. The degree of this will be determined by DRIVE and communicated to the DriveHosts through the DRIVE platform or other designated channels. This is to prevent repeated cancellations and ensure the reliability of DriveHosts in serving Customers.

18. E-Inspection and Fleet Management

18.1 DRIVE E-Inspection Compliance

18.1.1 DriveHosts are expressly responsible for ensuring full compliance with the DRIVE E-Inspection policy throughout the entire (before and after) lease period.

18.2 E-Inspection Responsibilities

18.2.1 If personally serving (handover) the Vehicles to and from Customers, DriveHosts MUST conduct E-Inspection themselves to ensure the vehicle's condition is accurately documented.

18.3 E-Inspection by DriveHeroes

18.3.1 In cases where the Vehicles are being served to and from Customers (during pickup and/or return) by DRIVE's gig-workers also known as “DriveHeroes”, it remains the duty of DriveHosts to ensure that these gig-workers perform the required E-Inspection. DriveHosts are accountable for the thoroughness and accuracy of the inspection conducted by DriveHeroes.

18.4 Consequences of Non-Compliance

18.4.1 Failure to comply with the E-Inspection policy may result in the withholding of payment and/or reimbursement by DRIVE.

18.4.2 Non-compliance may also lead to the rejection of claims or unsuccessful claims in case of disputes or discrepancies related to the vehicle's condition or traffic offenses.

18.5 Fleet Management Records

18.5.1 DriveHosts are further responsible for maintaining comprehensive records of their fleet history, including:

  • Service History
  • Service Reminder
  • Meter History
  • Renewal Reminder for Insurance and Road Tax

18.6 Proactive Approach

18.6.1 DriveHosts are expected to adopt a proactive approach, actively managing and updating their Fleet records without solely relying on notifications from WAHDAH or DRIVE. Utilizing the fleet management features offered on the DRIVE platform, DriveHosts can efficiently track and manage these records.
 

----------------------------------- END OF DRIVEHOST TERMS OF SERVICE --------------------------------

DriveHosts Tier Adjustment & Compensation Policy

 

DriveHosts Tier Adjustment & Compensation Policy

At DRIVE (“DRIVE”), we strive to provide a seamless and exceptional service for our DriveHosts (hereinafter collectively referred to as the "Parties") within our ecosystem. However, we understand that unforeseen circumstances may arise. To address such situations, we have outlined an all-encompassing Tier Adjustment & Compensation Policy (“Policy”). This Policy governs the overarching Terms and Conditions for tier adjustment and compensation between DRIVE and the Parties. The purpose of this is to ensure a fair and equitable resolution of issues that may occur during the engagement between DRIVE and the Parties. Kindly note that there is also a separate Compensation Policy exclusive for DriveHosts in the most recent of revision made to the Terms of Service (T.o.S.) on the DRIVE App that much benefits the Parties with concern to Cancellation of Bookings.

 

Tier Adjustment

1.0 Vehicles Not Meeting Standards

1.1 In the event that a vehicle does not meet the prescribed standards, DRIVE reserves the right to impose a 5% adjustment of the total rental fees. This adjustment will be applied at the discretion of DRIVE and is subject to review.

2.0 Delayed Delivery (> 1 Hour)

2.1 In cases where the delivery of a vehicle is delayed by more than 1 hour, the Parties shall be liable to the hourly vehicle rate in addition to a 5% adjustment of the total rental fees. The adjustment is at the sole discretion of DRIVE and will be subject to review.

2.2 Delays exceeding 2 hours warrant an adjustment to the Parties’ per-hour rate.

3.0 Delayed Delivery (> 5 Hours)

3.1 If the delivery of a vehicle is delayed by more than 5 hours, the Parties are responsible for a one-day vehicle rate adjustment. This adjustment is subject to the discretion of DRIVE and will be reviewed accordingly.

4.0 Shuttle (Interrupted Trip)

4.1 In the event of an interrupted trip during shuttle service, an adjustment ranging up to 50% of one-way shuttle fees may be applied, depending on the circumstances. DRIVE retains the right to determine the appropriate adjustment, which will be subject to review.

4.2 Such adjustment shall be made to the Limo Operator.

4.3 Similarly, in events of Shuttle Delays, the same adjustment may also be imposed unto the Limo Operator.

5.0 Cleanliness Issue (Due to Odor, Cockroaches, Ants, etc.)

5.1 If a cleanliness issue arises, specifically due to factors such as odor, cockroaches, ants, etc., a monetary adjustment ranging from RM15 to RM200 may be imposed. The exact adjustment will be determined by DRIVE and is subject to review.

6.0 Car Breakdown

6.1 No adjustment will be made if the response time to a car breakdown is less than 1 hour. 

6.2 In the event that the response time exceeds 1 hour, an adjustment equivalent to the hourly vehicle rate assigned for the rental period will be applied.

6.3 The resolution of car breakdown issues shall be carried out in a timely manner after the Parties have been duly informed by DRIVE management.

3.2 Delays exceeding 3 hours may result in an adjustment to the Parties’ per-hour rate. 

7.0 Unpleasant Experience

7.1 In cases where customers report an unpleasant experience, a monetary adjustment ranging up to RM50 may be applied, depending on the severity of the situation. The adjustment is subject to the discretion of DRIVE and will be reviewed accordingly.

 

Compensation

8.0 Cancellation of Bookings

Cancellation more than 24 hours before vehicle pick-up time

8.1 In the event that a booking is cancelled more than 24 hours before the vehicle pick-up time, no compensation offer shall be provided.

Cancellation within 24 hours before vehicle pick-up time

8.2 If a booking cancellation occurs within 24 hours before the vehicle pick-up time, the Parties shall be compensated amounting to one (1) day’s worth of rental. This action will result in an adjustment as per this Policy.

Cancellation after vehicle pick-up time or “No Show”

8.3 Should a booking get cancelled after the vehicle pick-up time or result in a "No Show", the Parties shall be compensated amounting to one (1) day’s worth of rental. This action will result in an adjustment as per this Policy.

9.0 Change of Location Policy

Change of location (interstate) more than 24 hours in advance

9.1 In the event that a Customer changes their location (interstate) more than 24 hours in advance, no compensation offer shall be provided. This action will result in an adjustment as per this Policy.

Change of location (interstate) less than 24 hours in advance

9.2 If a Customer changes their location (interstate) less than 24 hours in advance, the Parties shall be compensated amounting to one (1) day’s worth of rental. This action will result in an adjustment as per this Policy.
 

Please be advised that the severity of issues may result in different tier adjustment or compensation values. Only in circumstances of reported complaints by Customers, shall a tier adjustment be implemented upon the Parties, while the exact rate of compensation upon the Parties will depend on cancellation of bookings or specific requirements by the Customers. As such, every tier adjustment or compensation outlined in this policy is subject to review and final determination by DRIVE. These terms and conditions are binding upon the Parties and may be amended at the sole discretion of DRIVE. By engaging with WAHDAH, all Parties acknowledge and agree to adhere to the stipulated provisions hereinabove in this Tier Adjustment and Compensation Policy. DRIVE reserves the right to modify this Policy at its discretion, with any changes shall be communicated to the Parties.

DriveUsers Marketplace Terms and Conditions

 

DriveUsers Marketplace Terms and Conditions 

 

These terms and conditions (“Terms”) stipulated herein govern your use of DRIVE Marketplace (“Marketplace”) as a feature on DRIVE Platform (“Platform”). By accessing or using the Marketplace, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these provisions, you may not access or use this Platform features.

 

1.       Marketplace Overview

The Platform provides a marketplace solution where individuals or companies offering products, goods, and/or services related to fleet management, car-sharing, and car with driver (hereinafter referred to as “DriveVendors”) may connect with customers in need of these products, goods, and/or services (“DriveUsers”). Therefore, DRIVE facilitates meaningful connections between DriveVendors and DriveUsers, enabling the management and delivery of products, goods, and/or services seamlessly via the Platform.

2.       Amendment to the Terms

DRIVE reserves the right to amend these Terms at any time without prior notification. Amendments will become effective immediately upon publication. Your continued use of the Platform and the Marketplace constitutes acceptance of the revised Terms.

3.       Eligibility

The DRIVE platform is open to individuals and companies intent on purchasing products, goods, and/or services related to fleet management, car-sharing, and car with driver services. By using the Marketplace you affirm that you meet all legal eligibility requirements and have the authority to comply with these Terms.

4.       Account Creation and Usage

To utilise the Marketplace as customers, DriveUsers must create an account and provide personal information, including banking and/or credit card details. DriveUsers are encouraged to also install the Telegram application for real-time communication with DRIVE representatives. Furthemore, DriveUsers are prohibited from sharing account credentials and must be the sole authorized user of their accounts. DRIVE is not responsible for any unauthorized access resulting from DriveUsers' failure to protect account information.

5.       Intellectual Property

All intellectual property rights related to the Marketplace are owned by DRIVE. DriveUsers agree not to use, modify, or reproduce DRIVE's intellectual property without prior written approval. Meanwhile, DriveVendors retain ownership of their respective trademarks, logos, and content uploaded to the Marketplace, granting DRIVE permission to use such content for account management purposes.

6.       Restrictions on Activity

DriveUsers must use the Marketplace for legitimate purposes or business transactions only and comply with all applicable laws and regulations. DriveUsers are prohibited from engaging in activities that compromise the integrity of the Platform and its Marketplace, including reverse engineering or distributing harmful programs.

7.       Personal Information

DRIVE collects personal data from DriveUsers for security and operational purposes. DriveUsers consent to the collection and processing of their personal data by DRIVE. DRIVE is committed to protecting the privacy and confidentiality of DriveUsers' personal information in accordance with applicable laws and regulations.

8.       Disclaimers

DRIVE provides services on an "as is" basis without any guarantees regarding quality, accuracy, or availability. DRIVE disclaims liability for any damages resulting from Marketplace usage.

9.       Communications

DriveUsers consent to receive communications from DRIVE via various channels, including email, text messages, and phone calls.

10.     Indemnity

DriveUsers agree to indemnify and hold DRIVE harmless from any losses or liabilities arising from their use of the Marketplace or breach of these Terms.

11.     Liability

DRIVE shall not be liable for any incidental, consequential, or punitive damages arising from Marketplace usage.

12.     Severability

If any provision of these Terms is deemed invalid, the remaining provisions shall remain in effect.

13.     Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of such provision.

14.     Confidentiality

DriveUsers agree to maintain the confidentiality of DRIVE's proprietary information.

15.     Warranty and Representation

DriveUsers warrant compliance with all relevant laws and regulations.

16.     Dispute Resolution

DriveUsers agree to resolve disputes with DRIVE in accordance with applicable laws and regulations.

17.     Compliance with Regulations

DRIVE may disclose DriveUsers' information as required by law or governmental directives.

18.     Personal Data Protection

DRIVE processes personal data in compliance with the Personal Data Protection Act 2010 and prioritizes the protection of DriveUsers' privacy.

 

By using the DRIVE platform, you agree to abide by these Marketplace Terms and Conditions. If you have any questions or concerns, please contact us at support@wahdah.my

 

Additional Features for Battery Replacement Service

A.       Battery Replacement Service

DriveUsers utilizing the battery replacement service offered via the DRIVE Marketplace ("Service") agree to adhere to the following additional terms and conditions.

B.       Process Simplified

Completing these easy steps ensures a seamless process, allowing you to quickly get back on track.

C.       Choose Your Fleet

Select your fleet from the options provided.

D.       Enter Fleet Location

Input your fleet's current location.

E.       Select Desired Battery

Browse through our range of batteries and choose the one that best fits your vehicle's requirements.

F.        Await Order Approval

After placing your order, DRIVE administrative team will promptly review and approve it.

G.       Make Payment on My Order Page

Upon approval, finalize payment on the “My Order” page.

H.       Enjoy Prompt Delivery by Hero Bateriku

Sit back and relax as Hero Bateriku springs into action to serve you.

I.         Web Access

Currently, our battery replacement services are only available via our website.

J.         Mobile App Coming Soon

We are currently developing a mobile application to provide even more convenient access to the DRIVE Marketplace. Kindly stay tuned for updates upon its release.

K.       Beta Version Disclaimer

Please note that the battery replacement service is currently in beta version with room for improvement.

 

These additional terms and conditions are to be read in conjunction with the Marketplace Terms and Conditions outlined above.

DriveVendors Marketplace Terms and Conditions

 

DriveVendors Marketplace Terms and Conditions

 

Welcome to DRIVE Marketplace, an integrated marketplace platform fleet management system operated by Wahdah Technologies Sdn Bhd (“DRIVE”, “we”, “us”, or “our”). The DriveVendors Marketplace Terms and Conditions (“Terms”) govern your use of the DRIVE platform (“Platform”) as merchants (“DriveVendors”). By accessing or using the Platform and its Marketplace, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you may not access or use the Marketplace as the merchant.

 

1. Marketplace Overview 

DRIVE provides a marketplace platform where Merchants offering products, goods, and/or services related to fleet management, car-sharing, and car with driver services (referred to as "DriveVendors") may connect with customers in need of these products, goods, and/or services ("DriveUsers"). DRIVE facilitates meaningful connections between DriveVendors and DriveUsers, enabling the management and delivery of services seamlessly via the Platform.

2. Amendment to the Terms 

DRIVE reserves the right to amend these Terms at any time without prior notification. Amendments will become effective immediately upon publication. Your continued use of the Platform constitutes acceptance of the revised Terms.

3. Eligibility 

The DRIVE platform is open to individuals and companies who possess legal ownership or rightful custody over the products, goods, and/or services listed as per inventory. By using the Platform, you affirm that you meet all legal or business eligibility requirements and have the authority to comply with these Terms.

4. Account Creation and Usage 

To use the Platform as DriveVendors, you must create an account and provide the necessary business information. DRIVE may require additional documentation to verify your eligibility as merchants. DriveVendors are responsible for maintaining the security of their accounts and may not share account credentials.

5. Intellectual Property 

All intellectual property rights related to the Platform are owned by DRIVE. DriveVendors agree not to use, modify, or reproduce DRIVE's intellectual property without prior written approval.

6. Restrictions on Activity 

DriveVendors must use the Platform for legitimate purposes only and comply with all applicable laws and regulations. DriveVendors are strictly prohibited from engaging in activities that compromise the integrity of the Platform.

7. Personal Information 

DRIVE collects personal data from DriveVendors for security and operational purposes. DriveVendors consent to the collection and processing of their business or company data by DRIVE.

8. Disclaimers 

DRIVE provides services on an "as is" basis without any guarantees regarding quality, accuracy, or availability. DRIVE disclaims liability for any damages resulting from Platform usage.

9. Communications 

Vendors consent to receive communications from DRIVE via various channels, including email, text messages, and phone calls.

10. Indemnity 

Vendors agree to indemnify and hold DRIVE harmless from any losses or liabilities arising from their use of the Platform or breach of these Terms.

11. Liability

DRIVE shall not be liable for any incidental, consequential, or punitive damages arising from Platform usage.

12. Severability 

If any provision of these Terms is deemed invalid, the remaining provisions shall remain in effect.

13. Waiver 

Failure to enforce any provision of these Terms shall not constitute a waiver of such provision.

14. Confidentiality 

Vendors agree to maintain the confidentiality of DRIVE's proprietary information.

15. Relationship with DRIVE 

These Terms do not establish an employer-employee relationship between Vendors and DRIVE.

16. Warranty and Representation 

Vendors warrant compliance with all relevant laws and regulations.

17. Dispute Resolution 

Vendors agree to resolve disputes with DRIVE in accordance with applicable laws and regulations.

18. Compliance with Regulations 

DRIVE may disclose Vendors' information as required by law or governmental directives.

19. Personal Data Protection 

DRIVE processes personal data in compliance with relevant regulations and prioritizes the protection of Vendors' privacy.
 

By using the DRIVE Platform and DRIVE Marketplace as DriveVendors, you agree to abide by these Terms and Conditions. If you have any questions or concerns, kindly contact us at support@wahdah.my

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