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:

  1. Service History
  2. Service Reminder
  3. Meter History
  4. 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 --------------------------------

Hello!

Register for a new account for free or login if you already a member.
Community

What's happening in our community? Read latest tips and tricks in automobile world.

Go to Community