Terms & Conditions

EZCAB SDN.BHD. - USER AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND USE THE EZCAB SERVICES ONLY IF YOU AGREE and CONSENT to the agreement.

By using the software, you agree to be legally bound by the agreement and the privacy statement set forth herein just as if had signed them.

By accessing, browsing and using our mobile application or any of our applications through whatever platform (here after collectively referred to as the “Software”) and/or by completing a booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

If you do not agree to these terms and conditions including our privacy statement and you are not willing to be bound by them, do not install our software and/or promptly erase it and any part thereof, from your mobile phone and do not use it in any manner whatsoever.

 

DEFINITIONS
For purposes of this Agreement, the following definitions apply :

• “we”, “us”, “our” and “Company” refers to EzCab Sdn. Bhd. and its affiliate (distribution) partners
• “you”, “your”, “yours” and “Passenger(s)” refers to the customer using/booking a taxi through our mobile applications
• “Software” refers to the Mobile applications owned by EzCab and used by you to book your ride.
• “User (s)” refers to any user of the Software, including you, and
• “Service” refers to the Transportation service provided by Third Party Transportation provider, drivers and vehicle operators

 

SCOPE OF SERVICE

Through the software we provide online platform through which transportation provider appear on line when available for booking, and through which you can make such bookings.

We are NOT a Licensed Transportation Provider, nor a Transportation Carrier and we DO NOT provide Transportation Services. We act solely as an intermediary between you and the Third Party Provider. From the point at which you make your booking through EzCab, you enter into a direct (legally binding) contractual relationship with the Transportation Provider that you book. It is up to the Transportation Provider to offer transportation services which may be scheduled through use of the software. EzCab offers information and a method to obtain such taxi services, but does not intend to provide taxi services or act in any way as a transportation carrier, and has no responsibility or liability for any taxi services provided to you by such Drivers.

When rendering our services, the information that we disclose is based on the information provided to us by the users. As such, the users are fully responsible for informing us with their updated information and indicate directly by themselves if they are available which is displayed on our software.

Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors, any interruptions breakdown, repair, upgrade or maintenance of our software or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each user remains responsible at all times for the accuracy, completeness and correctness of the information displayed on our software. Our software does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any user made available.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor, display, download or reproduce any content or information, software, products or services available on our software for any commercial or competitive activity or purpose.

 

PAYMENT

• If you choose to pay via Credit Card, Debit Card or Loyalty Card, EzCab shall charge you for the transportation services provided to you by the Transportation Provider.
• You agree that you will pay for all transportation services you purchase from the Service Provider, and that EzCab may charge your Credit Card /Debit Card /Loyalty Card account as provided by you when registering in EzCab including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid Credit Card /Debit Card /Loyalty Card account for payment of all fees at all times. Any payment made is non-refundable.
• EzCab uses a third-party payment processor (the “Payment Processor”) to link your Credit Card /Debit Card /Loyalty Card account to our application and service. The processing of payments or credits or points, as applicable, in connection with your use of the Software will be subject to the terms, conditions and privacy policies of the Payment Processor and your Credit /Debit Card issuer in addition to these Terms.
• EzCab is not responsible for any errors by the Payment Processor. In connection with your use of the Software we will obtain certain transaction details, which we will use solely in accordance with its Privacy and Cookie Notice.
• You agree that we may verify and authorize your card details when you first register the card with us as well as when you use the Service.
• You agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via a card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.
• Once you have completed a journey using the Service, you are required to make payment in full to the Transportation provider and your payment will be deducted automatically and is non- refundable. If you have any complaints in relation to the taxi service provided, then that dispute must be taken up with the Transportation Provider directly.
• You shall be responsible to resolve any disputes with your card company on your own.
• We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use.
• You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.

 

REGISTRATION

By registering on EzCab, you agree :
To provide true, accurate, complete and updated information about yourself at the registration form, and update them whenever necessary. The Company is not obligated to monitor or control the accuracy of information provided by you. If any information provided by you is not in accordance with these provisions or if the company has reasonable grounds to suspect that such information do not agree, the company has the right to refuse your registration, and suspend or terminate immediately, regardless of notice, the registration of your account and refuse any and every use, present or future, of the EzCab services that require registration. In this case, you shall not be entitled to any indemnity or compensation for the refusal, suspension or cancellation of your registration.

You are solely responsible for maintaining the confidentiality of your password chosen by you at your registration. The company is not responsible for any harm resulting from disclosure of your password from yourself to third parties or use of your password by a third party to access your account.

When contacting a driver and requesting the provision of services, you must wait for the response of the driver, who may accept or deny the provision of taxi services. If the driver accepts the engagement and you want to cancel it for any reason, you must cancel the taxi call by specific action on the software. Users acknowledge that the company is not liable for any delays, cancellations, failure to provide taxi services between the Passenger and Driver, nor for any delay or failure in the provision of taxi services.

 

PRIVACY STATEMENT

EzCab uses high ethical standards and respects your privacy, we will not disclose your personal information to third parties without your consent.

However, we reserve the right to disclose your personal information to our affiliated (group) companies including our and our affiliated (group) companies’ employees and our trusted agents and representatives who have access to this information with our permission and who need to know or have access to this information to perform our service to and for the benefit of you.

In accordance with Personal Data Protection Act, strict security procedures are observed to prevent personal data misuse and unauthorised access.

This privacy statement applies to all of our services or software.

1. Privacy Policy
The information we request when making your registration at EzCab software, is requested in order to offer you our professional service.

We will only disclose your personal information to third parties for the purposes of completing your booking through us, in order to provide you with the information or services you have requested, or with your explicit consent. We reserve the right to disclose your personal information to certain permitted third parties including members of our own group, trusted partners and our own professional advisers.

The Company may use and process your Personal Data for all sort of business and marketing activities of the Company which shall include, without limitation the following :

• To provide customer with any services pursuant to the Terms of use herein;
• To process the customer’s participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with the customer regarding his/her attendance thereto;
• To respond to questions, comments and feedback from customer
• To share the customer’s Personal Data within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group and with the Company’s and Group’s agents, third party providers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
• If customer does not consent to the Company processing his/her Personal Data for any of the Purposes, please write in to notify the company.

EzCab privacy policy accessible at: https://ezcab.com.my/privacy-policy as amended from time to time.

2. Security
The personally identifiable and geo-location information we collect is securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices such as encryption and firewalls and SSL (Secure Socket Layers) for protecting your information – such as any portions of your Credit Card number which we retain (we do not ourselves retain your entire Credit Card information). However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone.

 

HYPERLINKS AND THIRD PARTY INTERACTION

Any hyperlink included in any resources provided by third parties through the service/software are for information only and are not an endorsement or verification of such links. You agree that the company has no control over the contents of these links or resources and assumes no responsibility for the contents of or the consequences or for any loss or damage that may arise from accessing such links and third party interaction.

You agree that your access to and/or the use of any such links is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.

The company is not responsible for any third party interaction and content (including but not limited to any computer viruses or other disabling features), nor does the company has any obligation to monitor such third party interaction and content.

 

TERMINATION

The company may notify, suspend or terminate, temporarily or permanently, the account of a User at any time and take appropriate legal action if :

The User violates any of the representations, warranties and obligations contained in these Terms Use or any policies and rules adjacent to it,
The User fraudulent practice or fraudulent acts, or
The company understands, in its sole discretion, that the activities and attitudes of the User have caused or may cause some damage to third parties. The User shall not be entitled to any damages or compensation for the cancellation or suspension of your account on the software.

The company may in its sole discretion, for any reason or no reason and at any time alter and/or discontinue providing its services, with or without notice. The company shall not be liable for any damage or loss caused by such an alteration/ termination of service.

 

MAINTENANCE AND SUPPORT

The Company has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this agreement. However, the company may from time to time issue upgraded versions of the application, and may automatically electronically upgrade the version of the application that you are using on your mobile phone.

 

INTERNET DELAYS

The service, application and/or software may be subject to limitations, delays, and other problems arise in the use of the internet and electronic communications including the device used by you or the third party transportation 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.

 

INTELLECTUAL PROPERTY

Any and all content, including but not limited trademarks, logos, symbols, domain names, trademarks, designs, industrial designs, images, photographs, backgrounds, icons, navigation tools, texts, among others, of the present software or related to products and goods displayed on the software are protected by copyright and intellectual property and are owned by the company or third parties authorized by the company to develop activities on the software. User agrees to respect the intellectual property rights of the company and others and is aware that intellectual property in this software can never be used in any manner and in any media without our prior written permission of their owners.

The company hereby grants you a non-exclusive, non-transferable, right to use the software, application and service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this agreement.

 

LIMITATION OF LIABILITY

The company may introduce you to Third Party Provider for the purposes of providing transportation. Responsibility for the decisions you make regarding services offered via the software or taxi service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third party providers and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from or in any way related to the third party provider including transportation providers, advertisers and/or sponsors.

In no event shall the company 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 will not be a party to disputes, negotiations of disputes between you and the third party transportation Provider. We cannot and will not play any role in managing the transaction or relationship between you and the third party providers, advertiser, or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software.

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 for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and /or the software, any reliance placed by you on the completeness, accuracy or existence of any advertisers.

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.

 

INDEMNITY

You agree to hold harmless and indemnify the company, and its licensors, subsidiaries, directors, officers, employees, agents, attorneys, affiliates and members from and against any claims, actions, proceedings, investigations, demands, losses, damages, suits, judgments, awards, costs and expenses (including but not limited to legal expenses on a full indemnity basis) of every kind and nature arising from or in any way related to any breach by you of these terms and conditions and your use of services, software and/or the application herein.

 

GOVERNING LAW

The company makes no representation that the information and materials contained in or accessed through any website is appropriate or available for use in any jurisdictions outside Malaysia. You agree that by accessing any website and/or using the online services herein, your access and/or use, as well as these terms and conditions shall be governed by and construed in accordance with the laws of the Malaysia.