THE COMPANY IS A TRANSPORTATION (OR MOBILITY) TECHNOLOGY AND SOLUTIONS COMPANY AND IS NOT A TRANSPORTATION PROVIDER UNLESS A SEPARATE CONTRACTUAL AGREEMENT HAS BEEN ENTERED WITH A BUSINESS AND/OR GOVERNMENT ENTITY. IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDERS (THE “SERVICE PROVIDERS”) TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH THE SERVICE PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY SERVICE PROVIDERS.
You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software/Application for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software/Application to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than the purposes for which the Software and/or the Application is intended to be used.
By using the Software and/or the Application, you understand and agree that:
• You will only use the Service for lawful purposes;
• You will only use the Service for the purpose for which it is intended to be used;
• You will not use the Application and/or the Software for sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
• You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
• You shall not contact the Service Providers for any purposes without the Company’s consent and for purposes other than the Service;
• You shall not intentionally or unintentionally cause or attempt to cause damage to the Company or the Service Provider;
• You will not try to harm or impair the proper operation of the Service, the Application and/or the Software in any way whatsoever;
• You will not copy, or distribute the Software or other content without written permission from the Company;
• You will only use the Software and/or the Application for your own use and will not resell it to a third party;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
• You will provide the Company with proof of identity as it may reasonably request or require;
• You acknowledge and agree that only one (1) account can be registered on one device;
• You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
• You will only use an access point or data account which you are authorized to use;
• You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
• You are aware that when using the Service, standard telecommunication charges and/or mobile data charges will apply;
• You shall not smoke or consume any food, alcohol and/or illegal substances on board;
• You shall not carry pets or oversized baggage (>10kg) on board;
• You shall not carry dangerous items on board, including but not limited to explosives, fireworks, compressed gas, guns;
• You shall not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company, the Service Providers and/or other passengers regardless of any misgivings that you may • have against the Company or the Service providers;
• You shall not impair or circumvent the proper operation of the network which the Service operates on;
• You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews (“Feedback”) on or about the Service, the Service Providers and/or the Company. You acknowledge that you transfer all rights in such Feedback to the Company and that we will be free to use them as we may find appropriate.
• You agree that the Service is provided on a reasonable effort basis;
• You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.
• Payments for the transportation services may be made by credit/debit card, by RushPay Credits (if made available as a payment method) or any other payment method(s) as are made available by the Company from time to time.
• Upon the usage of a Credit/Debit card as a payment method, you hereby warrant that the credit/debit card is valid and belongs to you, and is registered following the instructions provided by the Application and/or the Software.
• If the credit/debit card belongs to another person, you hereby warrant and agree that you have obtained their permission to use the credit/debit card for the payment of the Service. The Company reserves the right to verify and authorize the credit/debit card details when you register the usage of credit/debit card with the Company and when you use the Service.
• Once you have completed booking a journey using the Service, you are required to make payment in full to the Service Provider(s) and your payment will be deducted automatically and is non-refundable. In the event that you do not board a ride chosen by you, the payment will not be refunded. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the Company and/or the Service Provider(s) directly.
• You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
You are not allowed to make changes (including cancellation) of successful bookings. Payments shall be charged immediately after a booking has been made successfully and are non-refundable.
Refund scenarios follow a case-by-case basis only. All refund requests are to be made via electronic mail at firstname.lastname@example.org and/or the Application and/or the Software, and will be directed to the Company’s customer service channel.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software; (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious materials, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material(s) containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (vii) engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you shall only use such confidential information in order to receive the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
• was at the time of receipt already in your possession;
• is, or becomes in the future, public knowledge through no fault or omission on your part;
was received from a third-party having the right to disclose it; or
• is required to be disclosed by law.
For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, resident status and any information about you which you have provided to the Company by any means and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The Company may also collect device data (such as your IMEI number and the names of the apps you have installed on your device) for the purpose of fraud prevention measures.
The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may collect, use, disclose and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”):
• to perform the Company’s obligations in respect of any contract entered with you;
• for internal administrative purposes, such as auditing, data analysis, database records;
• for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Singapore or overseas);
• for the Company to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Singapore or overseas including disclosing such Personal Data to Singapore and overseas law enforcement agencies or courts);
• to respond to questions, comments and feedback from you; and
• in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data.
In addition to the above, the Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
• to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
• to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
• to notify and invite you to events or activities organized by the Company, its partners, advertisers, and/or sponsors; and/or
• to share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, please notify the Company at the following email address: email@example.com.
If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications for Marketing Purposes, please update your details by sending your request to the support contact details at the following email address: firstname.lastname@example.org.
The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
The Company is committed to full compliance with the provisions of the Personal Data Protection Act 2012 and has appointed a Personal Data Protection Officer for these purposes. Such officers may be communicated with in writing at the above email address.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD-PARTY SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.
THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE SERVICE PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE COMPANY’S WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD-PARTY PROVIDERS INCLUDING THIRD-PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY PROVIDERS INCLUDING THIRD-PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD-PARTY PROVIDERS INCLUDING THIRD-PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH THE COMPANY, THE COMPANY CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD-PARTY PROVIDERS, INCLUDING THIRD-PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD-PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
THE QUALITY OF THE THIRD-PARTY TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY TRANSPORTATION PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
This Agreement as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Singapore or where judgment of a Singapore court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the you and the Company (the “Arbitrator”). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.
The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you have, or we have reasonable grounds to believe that you have breached any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the Service Providers under this Agreement. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above.