For the purpose herein, "Affiliates" shall mean that with respect to an entity, any entity that: (i) is controlled directly or indirectly by; (ii) controls directly or indirectly; or (iii) is under common control with such entity; and "control" for the purpose of this definition shall mean having a fifty percent (50%) or greater interest in the issued share capital of the other entity.
1. GoCar is an on-demand vehicle sharing platform that allows you to book a vehicle by the hour or day via the GoCar app. Please note that:-
1.1. GoCar is a technology company that purely provides the platform for car rental services to take place between you and the fleet supplier of the vehicles.
1.2. GoCar is not the owner of the vehicles listed in the GoCar App. The vehicles are owned by the respective fleet supplier. The GoCar App helps to link you with the cars provided by the fleet supplier, but this shall not be construed as a vehicle rental service by GoCar.
1.3. GoCar has been designated by the fleet suppliers to oversee, manage and administer the vehicle rental arrangement, and is authorized by the fleet suppliers to collect the relevant rental fees and charges from you on their respective behalf.
1.4. The term “fleet supplier” shall mean the owner of the vehicles which may be either Mayflower Car Rental Sdn. Bhd., TC Euro Cars Sdn. Bhd., Chauffeur Safe Travel Sdn Bhd or Yinson Green Techologies Sdn Bhd.
1.5. The rental of the vehicle will be a contractual matter strictly between you and the respective fleet supplier, and the vehicle rental agreement which sets out the terms and conditions governing your use of the vehicle will be accessible once you successfully sign up and register an account in the GoCar App.
1.6. GoCar will not be a party to the vehicle rental agreement between you and the fleet supplier and shall not be responsible or liable in respect of the acts and/or omissions of the fleet supplier in the provision of the vehicle rental services to you.
2. In order to use the GoCar App and the services therein, you must register yourself as a member of the GoCar App for a valid account and accept these Terms. By registering, accessing and/or using the GoCar App, you hereby agree to be bound by these Terms without limitation or qualification. If you do not agree with any of these Terms, please immediately discontinue your access to and/or usage of the GoCar App.
4. The application to be registered as a member of the GoCar App (“Membership Application”) will be subject to a one-time non-refundable membership fee of RM20.00 or such other amount as may then be designated by GoCar at the time of your application. The membership fee shall be chargeable to you by GoCar when you make your first booking in GoCar App.
5. If you are registering as an individual, you must download the GoCar App and register for an individual account together with the required information and documents (as indicated in para 8 below) via the GoCar App.
6. If you are registering as:
6.1. you must be between eighteen (18) to seventy-five (75) years old;
6.2. you must possess an NRIC and a valid driver’s license (if you are a non-Malaysian citizen, you must possess a valid passport and international driving permit);
6.3. you must possess a valid Malaysian phone number;
6.4. you must possess a valid debit or credit card;
6.5. you must possess a valid email address;
6.6. you must be a legally incorporated company in Malaysia;
6.7. you must possess a valid email address; and
6.8. you must possess a valid Malaysian or international phone number
(hereinafter referred to as “Eligibility Requirements”).
7. You shall also submit a picture of your driving license and identity card through the GoCar App or Website to complete the registration process.
8. If you are registered as a probationary license holder (P License) and subsequently obtained a Competent Driving Licence (Full Licence), it is your responsibility to update GoCar accordingly.
9. If you are (i) 18-20 years old or are a probationary license holder; and (ii) is involved in an accident while driving the vehicle, a compulsory fee of RM400 will be charged to you, irrespective of whether you are at fault or not and notwithstanding your purchase of the CDW (as defined in Clause 20 below) package (if any).
10. By submitting the Membership Application, you warrant that you meet the Eligibility Requirements and all information and documents provided to GoCar are complete, accurate, and not misleading. You shall notify GoCar immediately if you cease to meet any of the Eligibility Requirements at any time while you continue to be a member.
11. Your Membership Application will be subject to verification and approval by GoCar. You will receive an email notification once your Membership Application and account is approved.
12. GoCar may, in its sole discretion, approve or reject any Membership Application, without having to assign any reason thereto.
13. By registering as a member and for an account with the GoCar App, you represent and warrant that:
13.1. you have read, understood and agreed to adhere to these Terms that establish a legally binding agreement between you and GoCar; and
13.2. you are legally capable of entering into a legally binding agreement and not in breach of any laws or regulations by entering into such agreement.
14. You are entitled to set your user ID and password for the account under the GoCar App (collectively referred to as the “Log In Credentials”), and shall be responsible for maintaining the confidentiality, security, and use of your Log-In Credentials:
14.1. all confirmations, withdrawals, actions, acceptances, updates or whatever representations or dealings that have been received by GoCar via your account shall be binding on you, whether given by you or other persons purporting to be you. You shall be solely responsible to GoCar for all activities that occur under your account.
14.2. GoCar shall not at any time be under any duty or obligation to verify the identity or authority of the person dealing with GoCar apart from verifying the Log-In Credentials. You shall be fully responsible for any accidental or unauthorized disclosure of your Log-In Credentials to any other person and shall bear the risk of any unauthorized usage of your Log-In Credentials.
14.3. If you become aware of any unauthorized use/ access to your account, you shall immediately notify GoCar and follow GoCar’s advice. Until GoCar actually receives such notification, you shall remain responsible for any access and all use of the GoCar App by the unauthorized person. GoCar shall reserve the right to impose any administration fees in disabling and/or updating your Log-In Credentials.
15. Use of the GoCar App:
15.1. It is your responsibility to ensure that your mobile device meets the compatibility requirements and/or specifications for the use of the GoCar App.
15.2. GoCar may provide updates and/ or modifications to the GoCar App, or to change, suspend or discontinue all or any part of the GoCar App from time to time at its sole discretion without notification to you.
15.3. Your terms of agreement with your mobile network provider will continue to apply during your use of the GoCar App. As a result, you may be charged by the mobile network provider for access to network connection services for the duration of the connection while accessing the GoCar App, or any such third party charges as may arise. You hereby agree that you shall be responsible for any such charges that arise.
15.4. GoCar does not warrant that the use of the GoCar App will be uninterrupted, error-free, or free from viruses, worms, trojan horses, spyware, adware, malware, harmful or malicious code, or other defects. The GoCar App is provided by GoCar on an “AS IS” basis, and the use of the GoCar App by you shall be at your sole risk.
15.5. The GoCar App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. GoCar shall not be liable or responsible for any delays, interruptions, failures, damages or losses resulting from such problems.
15.6. All trademarks, copyright, database rights and other intellectual property rights of any nature in the GoCar App, together with the underlying software code, shall be the property of GoCar and/or its related companies. You shall not, nor allow any third party to: (i) make and distribute copies of the GoCar App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the GoCar App; or (iii) create derivative works of the GoCar App of any kind whatsoever.
15.7. User verification shall be required prior to unlocking the vehicle. In the event the user verification fails, GoCar reserves the right to deny any refunds.
16. Use of the vehicle:
16.1. your negligence, omission or wilful misconduct in the use of the vehicle; and/or
16.2. the breach of any of your obligations and/or duties under these Terms.
16.3. Pursuant to the fleet supplier’s authorization, GoCar shall be entitled to charge you (on the fleet supplier’s behalf) for any traffic fines or summonses incurred by you during the rental period which has not been paid for, together with an additional administration fee of RM10.00 (subject to the prevailing SST charges).
16.4. You shall defend, indemnify and hold harmless GoCar from and against all damages, liabilities, costs, expenses (including, without limitation, reasonable legal fees), claims or judgment that arise out of or results primarily from:
16.5. You shall be responsible to report on the condition of the vehicle by taking a picture of the vehicle prior to your commencement of use of the vehicle and after your usage of the vehicle. You shall be liable for any missing, stolen or damaged parts and/or accessories of the vehicle occurred during your usage of the vehicle.
17. Telematics device (“Device”) on the vehicle:-
17.1. Identifying the location of the vehicle for purposes of the provision of roadside assistance and/or the repossession of the vehicle;
17.2. Assisting with the identification, assessment or the investigation of insurance claims in respect of the vehicle.
17.3. you shall be responsible for the costs of re-installation or reconfiguration of the Device due to the unauthorized tampering, modification, adjustment or dismantling of the Device; and
17.4. Without prejudice to your liability towards the fleet supplier under the vehicle rental
agreement in respect of any damage caused to the vehicle arising from the unauthorized tampering, modification, adjustment or dismantling of the Device, you shall also be fully responsible and liable to indemnify GoCar for all costs, damage and losses which GoCar may have suffered as a result of the unauthorized tampering, modification, adjustment or dismantling of the Device.
17.5. Pursuant to the fleet supplier’s authorization, all the vehicles listed in the GoCar App are installed with the Device. Via the Device, GoCar will collect information such as the location of the vehicle and your driving behavior (collectively, the “Data”).
17.6. GoCar may use the Data, and may share the Data with the fleet supplier and/or its service provider for the following purposes:
• travel and usage pattern study purposes; and
• locating the vehicle and recovery purposes;
17.7. You shall not, and shall not permit any person to, tamper or dismantle the Device, failing which all you shall be responsible to cover all related costs and repairs.
18. Collision Damage Waiver (“CDW”)
18.1. CDW limits the amount you need to pay for repairs due to damages caused to the vehicle in a car accident. In the event you have opted for this CDW and you are involved in a car accident causing damages to the vehicle, provided that you have not breached any terms of the vehicle rental agreement, you will only be liable to a reduced repair cost as follows:
|Repair Cost Payable
|Full repair cost
(a) Lite Package:
You will only be liable to pay maximum of RM2,000.00 of the total repair cost.
(b) Standard Package
You will only be liable to pay maximum of RM500.00 of the total repair cost.
(c) Essential PackageYou will only be liable to pay maximum of RM200.00 of the total repair cost.
* Note: If you are 18-20 years old or a holder of a Probationary Driving License (P-Licence) involved in an accident while driving the vehicle, you hereby authorizes GoCar to charge RM400 to your registered credit and/or debit cards as a compulsory fee, irrespective of whether you are at fault or not, in reference to the Malaysian Motor Claims Guide.
* There are three (3) types of packages of CDW that you may opt for, i.e. Lite package, Standard package and Essential package. You may opt for the type of CDW package when you book the vehicle via the GoCar App, and once payment is made, you are not allowed to change the type of CDW package.
* For the avoidance of doubt, the CDW package that you have opted and purchased will only apply to the rental period of the vehicle.
* Please note that only the Lite package of CDW will be available for “Free Floating” trips.
18.1 You shall be responsible to pay for the CDW fees immediately after making the police report. In the event the post accident police report determines you are not at fault, the CDW fees will be refunded to you.
18.2 CDW shall only be effective subject to your compliance with the following:
18.2.1 You shall have lodged a police report within twenty-four (24) hours of the loss/damage/theft of the vehicle;
18.2.2 Where applicable, you shall obtain the names, identity card or copy of passport, visa and addresses of all parties involved, including the witness(es);
18.2.3 You shall not have entered into any settlement relating to the loss, damage and/or theft of the vehicle without the prior written consent of GoCar;
18.2.4 You shall not have left or abandoned the vehicle without adequate provisions for safeguarding and securing the same;
18.2.5 You shall promptly notify GoCar of such accident;
18.2.6 You shall deliver all correspondence, writs or documents of any kind received by you relating to accidents involving the vehicle and shall fully cooperate with the GoCar and the fleet supplier in the investigation and defence of any claim, prosecution or suit.
18.3 CDW shall not be applicable where the vehicle has been driven or operated in violation of the terms of the vehicle rental agreement, and you shall be liable to pay GoCar and the fleet supplier the FULL costs of the damaged/stolen/lost vehicle and/or part(s) thereof, including but not limited to the labor, towing and storage costs as well as the fleet supplier’s loss of use of the vehicle.
18.4 In the event of an accident and (i) you are deemed at fault by the police investigation or (ii) no police report is lodged by you, GoCar shall have the rights to charge you immediately on the full repair costs of the vehicle. On the other hand, if you have purchased CDW and you are found at fault by the police report, you will only be liable to pay the reduced repair cost as stated in Clause 20(a) above. Should GoCar not be able to charge your card, you must pay the repair costs to GoCar within twenty-four (24) hours.
18.5 In the event you have opted for CDW and there is damage caused to the vehicle not attributable to you but due to flood, landslide, fallen tree during storm and thunderstorm, provided that you have not breached any terms of the vehicle rental agreement, you will only be liable to pay a reduced repair cost based on the CDW package purchased as stipulated in Clause 21.1.
19 Premium Flex and Basic Flex Package
Premium Flex package
19.1 There are two (2) types of Flex packages (i.e. Basic Flex Package or Premium Flex package as described below) which is an upgraded benefit for your reservation of rental of the vehicle that you may opt for when you book a vehicle via the GoCar App, and once payment of the relevant rental fee is made, you are not allowed to change the type of Flex package:
19.2 Premium Flex package will be chargeable at RM5.00 per one (1) vehicle and in the event you have opted and purchased Premium Flex package, you have the flexibility for a late return of vehicle within the duration of 30 minutes, a full refund of the relevant rental fees that have been paid to GoCar and fees paid for the relevant CDW package (if user verification fails under Clause 18(7) above) and unlimited count to change date and time of reservations, subject to availability of vehicle. If you have delayed the return of vehicle for more than 30 minutes, a late return fee shall be imposed.
Basic Flex package
19.3 In the event you have opted for Basic Flex package, a late return fee shall be immediately imposed on you once there is a late return of vehicle regardless the period of delay, no refund shall be available and no change of date and time of reservation is allowed.
* Premium Flex package will be selected by default unless otherwise opted by you.
* Both packages are only applicable for Round Trip bookings.
* Under the Premium Flex package, you shall be refunded via GoPocket Points into your GoCar account under the GoCar App.
20. GoCar reserves the absolute rights and discretion to suspend and/or terminate your account in the GoCar App, if GoCar determines or reasonably suspects that:
20.1 you have breached any of these Terms;
20.2 you have provided false information and/or documentation to GoCar;
20.3 you are or may be engaged in any unauthorized and/or dishonest and/or fraudulent account activity or behavior;
20.4 you have breached any of the terms of the vehicle rental agreement with the respective fleet supplier.
21. GoCar shall not be liable for any damages of any type or any loss of profits (whether direct or indirect) which may arise from your use of the GoCar App. You hereby agree to release, indemnify and keep indemnified GoCar from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by GoCar to any person arising out of or in connection with:-
21.1 your failure to comply with these Terms;
21.2 your use of the vehicle;
21.3 your breach of any applicable laws and regulations in using the services provided via the GoCar App; or
21.4 any information, documents, content or item that you may have submitted, posted, transmitted, or made available to GoCar.
22. Amendment etc. to the Terms:
22.1 GoCar reserves the right to amend, revise or modify any of these Terms at any time at its absolute discretion without prior notice to you, and such amended, revised or modified terms (“Amended Terms”) shall be effective upon their publication on the GoCar App.
22.2 You shall be responsible to check these Terms regularly to ensure that you are aware of all the terms governing your use of the GoCar App including the Amended Terms (if any). For the avoidance of doubt, GoCar shall not be responsible to ensure that you are aware of the Amended Terms.
22.3 If you do not agree to the Amended Terms, you shall discontinue the use of the GoCar App and you shall notify GoCar to terminate your account immediately. Your continued use of the GoCar App shall constitute your acceptance of such Amended Terms.
22.4 For the avoidance of doubt, you hereby acknowledge that the respective fleet supplier reserve the rights to amend the terms and conditions of the vehicle rental agreement, and such amendment shall be effective upon their publication on the GoCar App and GoCar’s website. You shall be responsible to check for the latest terms and conditions of the vehicle rental agreement regularly.
23. GoCar will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations relating to the GoCar App that is caused by any act or event beyond its reasonable control, including but not limited to interruptions or failure of internet or the public or private telecommunications networks, pandemics, strikes, acts of war, terrorism, acts of God or an act or order by government (“Force Majeure Event”). If a Force Majeure Event takes place and affects the GoCar App, (i) GoCar’s obligations under these Terms will be suspended and the time for performance of GoCar’s obligations will be extended for the duration of the Force Majeure Event, and (ii) GoCar will use its reasonable endeavors to find a solution by which GoCar’s obligations under these Terms may be performed despite the Force Majeure Event. Notwithstanding that, your payment obligations shall not be suspended by the Force Majeure Event.
24. Time, wherever mentioned in these Terms, shall be deemed to be of essence.
25. If any one or more of the provisions contained in these Terms is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not be affected in any way or impaired thereby.
26. All notices, demands or other communications required to be given or made to GoCar shall be made in writing and delivered by personal service, prepaid registered post or email at the address, facsimile and/or email address as set out hereunder (or to such other address, and/or email address as may be notified by GoCar to you from time to time):-
Address: Lot 1A, Jalan Kemajuan, Section 13, Petaling Jaya
46200, Selangor Darul Ehsan, Malaysia.
Email address: firstname.lastname@example.org
Any notices, demands or communications by GoCar may be given or made to you via phone calls, emails, in-app notification via the GoCar App and publishing on GoCar’s website.
27. These Terms shall be governed by and interpreted in accordance with the laws of Malaysia. Any and all unresolved disputes or controversies arising out of or in relation to these Terms and/or the use of the GoCar App shall be submitted to the exclusive jurisdiction of the court of Malaysia.
28. These Terms shall constitute the entire agreement between you and GoCar, and shall supersede any prior agreements or understandings not incorporated herein.
29. No failure or any delay in exercising any right of remedy by GoCar under these Terms shall operate as a waiver thereof. In addition, you shall not transfer or assign any of your rights or obligations under these Terms to any other third party without the prior written consent of GoCar.
30. For the avoidance of doubt, the relevant rental fees will be imposed with 6% SST. Please find the breakdown of charges, fines and other fees at GoCar's FAQ page.
Anti-Bribery Anti-Corruption Clause
Warisan TC Holdings Berhad and its group of companies ("WTCH") take a zero tolerance approach to violation of any applicable anti-corruption and anti-bribery laws and regulation by you, your employees, officers, directors, sub-contractors and/or Affiliates. Any violation thereof constitutes material breach of the terms herein which entitles WTCH to forthwith terminate the transaction herein and the agreement between the parties (where applicable) and/or enforce its right and seek remedies available to it at law or in equity as a result of such breach.