LINKZ | Terms

Legal Information & Notices

GENERAL TERMS AND CONDITIONS

As of January 01, 2019

By downloading, installing, and/or using the LINKZ application (the “Application”), you agree that you have read, understood and accepted and agreed to these Terms of Use (“General Terms and Condition”). These Terms of Use constitute a legal agreement between you and Pure Ride Sdn. Bhd. (the “Company”) and apply to your visit to and use of our website at https://linkz.my/ (“Website”), the Service and the Application (as defined below).

Please cancel your account (if you have signed up for the Application) and permanently delete the Application from your device if you do not agree or wish to enter the Terms of Use.

PLEASE REVIEW OUR TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING OUR APPLICATION OR USING OUR SERVICE FOR THE FIRST TIME.

GENERAL MATTERS

  • Pure Ride Sdn. Bhd. is a company established under the laws of the Malaysia registered at The Companies Commission of Malaysia (“SSM”) under registration number 1308835-W.
  • The Application is a software application that serves to find car-based services provided by third parties (LINKZ Pilot) (“Service Provider(s)”). The Application offers information on services offered by Service Providers. The types of services that may be requested via the Application is transportation and other services we may add from time to time.
  • The Application allows you to send a request for a Service to a Pilot-Partner. The GPS receiver – which should be installed on the mobile device (smart phone) on which you have downloaded the Application – detects your location and sends your location information to the nearest Pilot-Partner. The Pilot-Partner has sole and complete discretion to accept or reject each of your requests for the Service. The Pilot-Partner also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If the Pilot-Partner accepts your request, the Application notifies you and provides information regarding the Pilot-Partner – including his/her name, vehicle license number, and Pilot-Partner star rating – and the ability to contact the Pilot-Partner by telephone. The Application also allows you to view the Pilot-Partner’s progress towards the pick-up point, in real time as well as drop-off point.
  • We will make every reasonable effort to bring you into contact with a Pilot-Partner in order to obtain the Services, subject to the availability of Service Providers in or around your location at the moment from your request start.
  • FOR THE AVOIDANCE OF DOUBT, WE ARE A TECHNOLOGY COMPANY, NOT A TRANSPORTATION OR COURIER COMPANY AND WE DO NOT PROVIDE TRANSPORTATION OR COURIER SERVICES.
  • We do not employ the Pilot-Partners and we are not responsible for any acts and/or omissions of the Pilot-Partners. The Application is simply a means to ease the search of the Services. It is up to the Pilot-Partners to offer the Services to you and it is up to you whether to accept their offers of Services.
     

TERMS FOR USING THE APPLICATION

  • You represent and warrant that you are an individual legally entitled to enter into a binding agreement under the laws of Malaysia, the Terms of Use, to use the Application and that you are at least 21 years old or have ever been married and not under guardianship. Otherwise, we or the relevant Pilot-Partner, will be entitled by law to cancel any agreement entered with you. You further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. If you are registering on behalf of a legal entity, you also represent and warrant that you are authorized to enter, and bind the entity to, these Terms of Use and register for the Service and the Application.
  • We collect and process your personal information, such as your name, e- mail address, and mobile telephone number when you sign up. You must provide accurate and complete information, keep the information up to date and agree to provide us whatever proof of identity we may reasonably ask for. If any of the personal information that you have provided to us changes, for example, if you change your e-mail address, telephone number, or if you wish to cancel your account, please update your details by sending your request to us via application. We will do our best to help such changes as requested within fifteen (14) business days of receipt of the notice of the change.
  • You can only use the Application once you have signed up with it. Upon successfully signing up, the Application will provide you with a personal account that can be accessed with a password you choose.
  • Only you may use your own account and you undertake not to authorize others to use your identity or account. You may not assign or otherwise transfer your account to any other parties. You must keep your account password and any identification we provide you secure and confidential. In the event a disclosure is made to your passwords, howsoever, which causes any illegitimate or unauthorized uses of your account or identity, orders generated from the illegitimate or unauthorized uses will still be deemed valid orders, unless you notify us on that matter before the Pilot- Partners perform the requested Services.
  • You may only have one LINKZ account but in additional, Pilot-Partner can add multiple car under one account and car must be under register Pilot- Partner name or Pilot-Partner must present Letter of Authorization (LOA) if the car the third-party owner.
  • The information provided by the Application must not be construed as an advice or an offer, the decision to use the Pilot-Partner is entirely yours. You are free to use any other Pilot-Partners.
  • You undertake that you will use the Application only for its intended use to obtain the Service. You may not abuse or use the Application for fraudulent purposes or to cause any inconvenience to others or to make fake bookings.
  • If you are also a Pilot-Partner, you may not use your (or other’s) customer account to make an order that you will take yourself as a driver.
  • You may not harm, tweak or modify the Application and/or Website or attempt to harm, tweak or modify it in any way whatsoever. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application to your device. We reserve the right to prohibit you from further using the Application should you use the Application with an incompatible or unauthorized device or for purposes other than those for which the Application is intended to be used. You undertake that you will only use an access point you are authorized to use.
  • Application is intended to be used. You undertake that you will only use an access point you are authorized to use.
  • You will keep confidential and will not abuse the information you receive from using the Application. You will treat the Pilot-Partners with respect and will not engage in any unlawful, threatening or harassing behaviour or activities whilst using their services.
  • You understand and agree that your use of the Application will also be subject to our Privacy Policy as may be amended from time to time. By using the Application, you also give your consent as required under our Privacy Policy.
  • By providing us information, you represent that you have the right to provide us the information for us to use and share with the Pilot-Partners.
  • We and/or the nearest Pilot-Partner reserves the right to refuse accepting your order if we have reasonable grounds to suspect that you have or, by accepting your order, will breach or violate these Terms of Use or the prevailing laws and regulations.
  • We may, in our sole discretion, provide promotions that may be redeemed for benefits related to the use of the Application. You agree that you will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before you use them.
  • You can only make an order for food available in the listed restaurant’s menu in Food Delivery service.
  • We or the Service Provider does not guarantee the availability of the availability of food or goods in the restaurants or stores.
  • Please inform us if you no longer have control of your account, e.g. your account is somehow hacked or your phone is stolen, so that we can cancel your account accordingly. Please note that you are responsible for the use of your account and may be held liable even if it is abused by another person.

PAYMENT

  • The download and/or use of the Application is free of charge. We may introduce fees for the download and/or use of the Application at times. We will inform you accordingly about this for you to decide whether you wish to continue using the Application or not. However, the Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense.

  • The rates that apply for the Services by the Pilot-Partner can be found on the Website and through the Application. We may modify or update the rate from time to time. We will help the Pilot-Partner to calculate the fee based on your order and inform you of the fee on behalf of the Pilot- Partner.

  • You agree that you will pay for the Services provided to you by the Pilot- Partner in full.

  • Payment can be done in cash or by using your Debit/Credit card. All payments in cash must be in Ringgit.

  • The Fee for the Service includes any applicable taxes.

WARRANTIES

  • We make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services, Website and/or Application software, including but not limited to the Services obtained by or from Pilot-Partners using the Application. We do not represent or warrant that (a) the use of the Services and/or Application will be secured, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Services 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 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 tracks you or the vehicle used by the Pilot-Partner.

OUR LIABILITIES

  • We are not liable for any injury, death, damage or loss caused by the conduct of the Service Providers. We are also not liable for any wrongdoings, including traffic violations, or any criminal actions conducted by the Pilot-Partners during the performance of the Services. The Pilot-Partners are only our working partner, not our employees, agents or representatives.
  • However, we do care about the Application users’ safety and at our sole and absolute discretion, we are willing to provide financial assistance if a user has an accident, suffers an injury or dies when being transported by a Pilot-Partner. This means that our assistance only applies from the time a user is picked up by a Pilot-Partner until the user reaches his/her destination. Please alert the Pilot-Partner if you feel uncomfortable with the way he/she is providing the transportation service. The amount of the financial assistance will be decided at our sole discretion.
  • We employ appropriate and reasonable technical and security measures to keep the Application secure and virus and error free. However, as effective as this technology is, no security system is impenetrable. We therefore cannot guarantee the security of our database nor can we guarantee that the information you provide will not be intercepted while being transmitted to us.
  • The Application 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. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.

LIMITATION OF LIABILITY

  • Any claims against us by you will in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you when using the Service during the event giving rise to such claims. In no event will we and/or our licensors be liable to you or anyone for costs, interest, 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 will 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 and/or Application, including but not limited to the use of or inability to use the Service and/or application.

  • The quality of the Service obtained using the Application is entirely the responsibility of the Service Provider who ultimately provides the Service to you. You understand, therefore, that by using the Application, 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.

INDEMNIFICATION

By using the Application, you agree that you will defend, indemnify and hold us, our licensors, affiliates, and each of our officers, directors, commissioners, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your use of the Services and/or the Application, your dealings with the Service Providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third party Service Providers arranged via the Application, or (d) your use or misuse of the Application. This defence and indemnification obligation will survive these Terms of Use and your use of the Site.

LICENSE

  • Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-assignable, non-sub- licensable, revocable license to download and install a copy of the Application on a single mobile device that you own or control and to run this copy of the Application solely for your own personal, non-commercial use.
  • You may not (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, decompile, or disassemble any portion of or otherwise exploit the Application, except as expressly permitted under these Terms of Use, (ii) 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; (iii) create internet “links” to the Application or “frame” or “mirror” any software on any other server or wireless or internet-based device; (iv) reverse engineer or access our 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, or (c) copy any ideas, features, functions or graphics of the Application, (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, (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 Application 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 the proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Application. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms of Use.
  • You will (i) not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) not send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) not send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) not interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) not attempt to gain unauthorized access to the Application or its related systems or networks; (vi) not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and (vii) refrain from engaging in any conduct that could possibly damage our reputation or be considered disreputable.
  • We will fully have the right to investigate and prosecute any violations of the above of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website or Application, but we have the right to do so for the purpose of operating the Website and the Application, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

INTELLECTUAL PROPERTY MATTERS

  • LINKZ, including its name and logo, the Application and the Service, is protected by copyright, trademark and other rights provided under the laws of Malaysia. We (and our licensors, if applicable) exclusively own all rights, title and interest in and to the Application, including all associated intellectual property rights.

  • Without derogating from our rights under any applicable law or these Terms of Use, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms of Use. If you circumvent any of the means taken by us to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

TERMINATION

  • You are under no obligation to use the Application and may simply choose to stop using it at any time by cancelling your account and permanently deleting the Application from your device, thus disabling your use of the Application. This Terms of Use is automatically terminated when you permanently delete the Application from the device.

  • You may terminate your account by informing us of your intention to cancel your account. We will try to do our best to complete the termination within 15 (fifteen) business days.

  • We reserve the right to immediately suspend, restrict or terminate these Terms of Use and your use of the Application if we have reasonable grounds to suspect that you have breached or violated any provision of these Terms of Use or the prevailing laws and regulations.

MISCELLANEOUS

  • Our waiver or forbearance or failure to claim a breach of any provision of these Terms of Use or to exercise any right provided by these Terms of Use or the applicable law, may not be deemed to constitute a waiver with respect to any subsequent breach of any provision hereof.

  • You may not transfer or assign your rights under these Terms of Use, without our prior written approval. We may assign our rights under these Terms of Use to a third party at our sole and absolute discretion.

  • If any term under these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, the term or part of it will, to that extent, be deemed not to form part of these Terms of Use but the legality, validity or enforceability of the remainder of these Terms of Use will not be affected.

  • These Terms of Use are governed by and to be construed under the laws of Malaysia. Any and all disputes arising from the use of our services shall be governed by the exclusive jurisdiction of the Kuala Lumpur Magistrate’s Court.

  • These Terms of Use may be modified, varied and changed from time to time. We will notify you through the Application and/or email of the modifications, variations and/or changes to the Terms of Use. The continued use of the Application after receipt of this notice will constitute your consent to and acceptance of the modifications, variations, and/or changes.

TERMS AND CONDITIONS

  • Customers are required to provide complete information regarding the type and specifications of car to be book.

  • The LINKZ Pilot has been briefed to drive his vehicle in a safe manner. However, customers who use LINKZ transportation services are responsible for their own safety. Therefore. if you feel uncomfortable with the way the LINKZ Pilot is riding his car, please immediately alert the driver to be more careful.

  • LINKZ is not directly responsible for accidents involving LINKZ Pilots to either damage to the vehicle or personal injury caused by the accident. All expenses and charges that may arise on the incident would be directed to the personal responsibility of LINKZ Pilots. If there is information that can be helpful to the investigation such as license plates of the vehicles, LINKZ can only help as a mediator in bringing both parties to find a solution.

LINKZ 2019    |

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