Terms & Conditions

MyServe Terms and Conditions

Effective August 2018

 

1. Introduction

Thank you for choosing MyServe (MyServe Technologies Sdn Bhd - 1100183-V)

Please read the following terms and conditions carefully. By utilizing MyServe services, recognize that you have perused and comprehended these Terms and Conditions and consent to be bound by them. If you do not consent to these Terms and Conditions, it would be ideal if you quit utilizing this Service promptly. These Terms and Conditions also includes our Privacy Policy, which constitutes and legally-binding agreement between MyServe and you. We may, every so often, roll out improvements to the Terms and Conditions and Private Policy with or without prominent notice.

2. Function and Purpose 

You recognise that the Application functions as a platform for Service Users as well as Passengers to associate with Service Providers/Driver/Senders (Delivery) for the purposes of transacting to respectively get and give Transportation, Delivery, or Other Services. MyServe isn’t itself a Service Provider, Driver, Sender, Passenger nor a Service User.

 

3. Service User / Passenger/ Provider/ Driver/ Sender Representation

Service User/ Passenger

By utilizing or contributing in the Application, you represent, warrant and undertake that:

  • you are at least sixteen (16) years of age (for Delivery and Other Services). If you are less than 16 years old adult supervision is required;
  • you are at least eighteen (18) years of age (for Taxi). Supervision by adult is needed if you are under 18 years old and MyServe shall not be held responsible for anything happened as violating this term
  • you have the privilege to go into and acknowledge these Terms and Conditions;
  • registration and all details that are obligatory to be submitted in order to have full use of this Application for your own purpose as a User is true and that you will sustain the accuracy of such details;
  • you shall monitor each service requested during the ongoing task for your own safety and the company will not be responsible for anything that happens during the service (for Other Services only)
  • the User is required to inspect the goods instantly upon delivery and shall within 7 days from such delivery give notice in writing to us of any matter whereof the User may allege that the goods are not as per requested (for Delivery only)
  • should the User neglect to give such notice the goods will be deemed to be in all respects as per the request and the User shall be deemed to have acknowledged the goods appropriately (for Delivery only)
  • you shall not use other’s account for booking purposes or use your account to book for another person
  • the requested Service, Trip and/or Delivery is true and no fraudulent will occur
  • by using this Application, you will not violate any law or regulation which you are subjected to
  • you agree to make payment, for any Services, Trip and/or Delivery Service requested through the use of the Application
  • you agree that the fares may differ depending on the location, time and/or toll charge(s); (for Taxi only)
  • MyServe is not responsible for any wrong data for transaction of money during payment or the price you should pay to Service Provider, Driver and/or Sender upon the completion of the requested service
  • you concur that prices may vacillate for Credit Card
  • you shall be solely responsible for any and all cases, judgments and liabilities resulting from any accident, loss or damage including, however not limited to individual injuries, death, total loss and property damages which is expected to or is claimed to be a result of the respective Service, Trip or Delivery
  • MyServe have the right to remove and/or terminate you from using the application for any violation of rules, bad conduct and very low rated with or without further notice
  • by accepting the terms and conditions, MyServe have the rights to utilise your personal details for marketing purposes related to the business made by MyServe
  • all canceled job should be prepared with sensible reason to prevent from getting ban/ terminated from using our application. All loss received by the Service Provider/ Driver/ Sender if the job is halfway or ongoing should be covered by you with the agreement from both Provider/Driver/Sender and Service User/Passenger
  • you have no right to use the data of Service Provider, Driver and/or Sender in our application for your own purpose without going through the application and any caught of violation will be terminated without further notice

Provider/ Driver/ Sender

By using or contributing in the Application, you represent, warrant and undertake that:

  • your registered personal details are all yours and correct without any fake information provided
  • you will be able to use the company’s platform only when you have adequate credits in your account;
  • you acknowledge and concur that this agreement is not an employment agreement. The Company is not employer, and you are not an employee of the Company.
  • your vehicle should be less than 8 years old depending on the registration and manufacturing year and is subjected for inspection whenever required; (for Taxi only)
  • you shall comply with all local laws related to the operation of each related Service and will be solely responsible for any violations of such local laws.
  • you pose valid documents provided for us during your registration as Service Provider/ Driver/ Sender. All your submitted certificates are true and authorized by the government and/or selected agencies
  • you own, or have the legal right and authority to operate, the company, business, or vehicle you wish to use for your respective Service whether by government or selected agencies as well as both. The vehicle shall be in in great operating condition and met industry safety standards for vehicles of its kind
  • you have a valid policy of risk protection (in industry-standard inclusion sums) for the operation of your motor vehicle/passenger vehicle and/or business insurance to cover any anticipated losses related to the operation of a Transportation Service
  • you shall be exclusively responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to individual injuries, death, total loss and property damages which is expected to or is alleged to be a consequence of the Service provided howsoever operated
  • you will not engage in neglectful conduct while driving or riding, drive or ride dangerously, operate a vehicle that is unsafe to drive/ride, be involved in a motor vehicle accident or collision of any kind, allow an unauthorized third party to go with you in the vehicle while providing Service, provide Service as a Driver or Sender while affected by alcohol or drugs, or take action that harms or threatens to harm the safety of the Passenger as well as the Other Community
  • you shall not transport as well as cause to transport any illegal substance(s) under the Dangerous Drugs Act 1952, weapons considered illegal under the Akta Bahan Kakisan dan Letupan and/or any other relevant laws in the significant Territory;
  • you are aware that when responding to Service User and/or Passenger requests for your provided service, standard telecommunication charges will apply and will be exclusively borne by you;
  • you agree that the Service is provided on a reasonable effort basis
  • you are responsible to contact with Service User/ Passenger upon receiving tasks to discuss about the requested Service (Other Services) or pick up and/or drop off location and additional price/cost if applicable before starting the job
  • you are responsible for the collection of cash payment upon completion of the respective Services
  • Any payment through online system will be directed to MyServe account and MyServe is responsible to control the money on behalf of Service Provider
  • Online payment by Service Users will be controlled by MyServe admin and will be transfered to Service Provider within 24 hours upon the completion of respective Service
  • your collected payment for each Service will be deducted based on your service fee only and deducted differently by each Service as our commission. The company have the right to increase/decrease the rate of commission from time to time
  • you agree to follow all the rules stated by us during registration and/or during providing service and accept the results of violating the rules
  • the company is not responsible to the growth of business and fairness of Service/Trip received by each Service Provider, Driver and/or Sender as the Service User and Passenger are given choice to pick Service Provider and Driver based on their own preferences
  • the Service User/ Passenger registered details cannot be used for other purposes of business without going through the application. The company have the right to terminate your registration for violation of this term
  • you agree to provide accurate, updated and complete information as required for the Service and undertake the responsibility to keep up and refresh your information in a timely manner to keep it accurate, updated and complete at all times during the term of the Agreement. You agree that the Company may depend on your information as accurate, updated and complete. You acknowledge that if your information is false, inaccurate, not updated or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service whenever without prior notice
  • you will only use an access point or data account (AP) which you are authorized to use

 

4. License to Access 

As presented in these Terms and Conditions, MyServe allows you to use the Application with a non-selective, revocable license, gave that:

  • you will not duplicate, distribute, or make plagiaristic works of the Application in any form without MyServe’s prior written permission;
  • you will not modify or amend any part of the Application unless it is reasonably important to use the Application for its proposed reason; and
  • you will otherwise act as per these Terms and Conditions and with all relevant laws.

5. Account

  • without registering or providing personal information, you still have the authorization to use and browse the Application.
  • to create an Account, the following details are required: full Name, Contact Number, Email Address or link to your social media account such as Facebook or Twitter
  • as for the Service Provider, Driver and/or Sender to completely utilise this Application, you are required to submit additional details and documents as per requirement;
  • this will enable MyServe to give you a further personalized experience while using the Application.
  • you are entirely responsible to keep your Password protected and secure consistently. Although you are entirely responsible for all activities that occurs in your Account, any breach of security shall be notified to MyServe promptly. Likewise, you are not permitted to use another User’s Account without his/her consent, and will not misrepresent yourself as another User of the Application. You hereby agree that MyServe will not be responsible for any losses caused by an unauthorized use of your Account, and you may be responsible for the losses incurred by MyServe or others due to such unauthorized use.
  • apart from that, by using your MyServe Account, you also agree that:
  • you shall provide accurate and complete details when creating your Account;
    1. you shall not use any automated system, including but rather not constrained to, "robots," "spiders," "offline readers," "scrapers," etc., to get to the Application for any reason without MyServe's prior written consent;
    2. you shall not gather any information of the Service Providers or Service Users manually or in automated way. This includes names, addresses, phone numbers, or email addresses and replicating copyrighted texts and images.
    3. you shall not send more request messages to the MyServe servers, or any other subsidiary servers of MyServe, in a given time frame than a human can sensibly deliver in the same period by using a conventional online web-browser. MyServe reserves the right to cancel these exclusions either generally or in specific cases;
    4. you shall not take any move that (i) unreasonably encumbers or, in MyServe’s sole discretion, may unreasonably encumber the Application’s foundation; (ii) interferes or attempts to interfere with the proper working of the Application or any third-party participation;
    5. you agree not to gather or deliver any personally distinguishable data, including without limitation, names or other Account information, from the Application, nor to use the communication systems provided by the Application for any business purposes

         

6. Your Submitted Content – Prohibitions, Representations and Warranties

  • you shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including content, images, video, sound, data, information, or software, to any part of the Application including however not restricted to (i) your profile; (ii) the posting of your Service; (iii) the posting of your desired Service; or (iv) the posting of any opinions or reviews regarding the Application, the Service, the Service Provider, Driver, Sender, Service User or Passenger (collectively referred to as "Submitted Content") that
    1. misrepresents the source of anything you post, including impression of another person or entity of any false or incorrect factual data for any Service Providers, Drivers or Senders, gives or produce links to external sources that violate this Terms and Conditions, is planned to damage or exploit any person in any way or is intended to solicit, or collect personally distinguishable information of any person without his or her permission;
    2. invades anyone's privacy by attempting gather or otherwise use or publish any of their information without their knowledge and willingness;
    3. contains untruths or twists that could harm MyServe or any other third party;
    4. is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
    5. is in entire or part copyrighted, secured trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant MyServe all of the license rights granted therein;
    6. is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or urge any other individual to do as such;
    7. advertises or solicits a business not related to or appropriate for the Application;
    8. contains what is considered as "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
    9. contains advertising for ponzi schemes, rebate cards, credit counseling, online surveys or online contests;
    10. distributes or contains viruses or any other technologies that may harm MyServe, or the interests or assets of MyServe Users;
    11. contains links to commercial services or Applications, except what is permitted in the Terms and Conditions;
    12. is non-local or irrelevant content; or
    13. contains matching content to other public postings you have already posted, or uses any form of automated device or computer programme that enables the submission of Postings without the express written consent of MyServe.
  • you will not contact other Service Users and/or Passengers whom you have contacted via or through the Application comprising:
    1. offers to make national or international money transfers for amounts exceeding the asking price of respective Service, with intent to request a refund of any portion of the payment; or
    2. unsolicited advertising or marketing of a service that is (i) not offered by the Application; or (ii) is offered on other external Application.
  • while using the Application, you shall not:
    1. upload as well as post content or objects in any unfitting category or areas on the Application;
    2. violate any laws, third-party rights, Account Policies, or any provision of the Terms and Conditions, such as the exclusions as per described;
    3. fail to make payment for Services/Trip/Delivery that you have purchased, unless the Service Provider, Driver or Senders has really changed the description of the Service after you officially agreed for such Service/Trip, a clear typing error is made, or you cannot validate the Service Providers/Drivers/Senders identity;
    4. fail to perform Services purchased from you, unless the Service User or Passenger neglects to materially meet the terms of the mutually agreed upon;
    5. avoid or manipulate any fee structure or billing process that we may have or implement;
    6. post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Application User);
    7. take any action that may destabilize any feature that MyServe has; or
    8. leave any false or unfitting feedback about a Service Provider/ Driver or Sender and you will consistently leave good judgement of criticisms.
  • you are solely and completely responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby confirm, mean, and/or allow that:
    1. you pose or have the necessary licenses, rights, consents, and permissions to use and allow MyServe to utilise all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;
    2. you have the written consent, statement, and/or permission of each and every distinguishable individual person in the Submitted Content to use the name or likeness of each and every such distinguishable individual person; and
    3. you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you on or through the Application.
  • you hold all of your ownership rights in your Submitted Content. You hereby allow, and you represent and warrant that you have the right to grant to MyServe a perpetual, worldwide, non-exclusive, royalty-free and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Application and MyServe’s (and its successor's) business operations, including without restriction, for the advancement and relocation of any part or all of the Application (and any unoriginal works in any media formats and through any media channels).
  • you also hereby allow each User of the Application a non-exclusive license to access your Submitted Content through the Application, and to read and use, such Submitted Content as permitted through the functionality of the Application and under these Terms and Conditions.       

 

7. MyServe - Disclaimers and Right to Remove Submitted Content

  • MyServe does not approve any Submitted Content or any judgments, recommendation, or advice given by any Service Users or Passengers and MyServe specifically denies any and all obligation regarding all Submitted Content.
  • MyServe does not allow copyright invading activities and breach of intellectual property rights on the Application, and MyServe will remove any Data or Submitted Content in its sole will, upon being notified or having reason to believe that a breach has occurred, without prior notice to a Service User/Passenger who has or is suspected to have directed such violation. MyServe may act in its sole discretion against such infringer.
  • MyServe reserves the right in its sole and absolute will to decide whether any Data or Submitted Content is appropriate and obeys with these Terms and Conditions for any and all violations.
  • you recognise and comprehend that when using the Application, you will be opened to Submitted Content:
    1. from a variety of sources and that MyServe is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content; and
    2. MyServe, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors are not responsible for any content that may be inaccurate, offensive, indecent, or objectionable, and you agree to and hereby waive any legal or equitable rights you have or may have against MyServe
  • you are exclusively responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or show on or through the Application, or transfer to other Application Users. You comprehend and agree that MyServe may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Application Users or others.

 

8. Service Providers/ Drivers/ Senders

  • if you are an individual using the Application and has registered for an Account as a Service Provider, Driver or Sender, you represent and warrant that you have the authority to bind the individual and/or business/company that is responsible for and operates the business as a Service Provider, Driver and Sender for Delivery and your acceptance of the Terms and Conditions will be deemed an acceptance by that Service Provider, Driver and Sender.
  • you agree to obey to any requests for details which we will use for verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and/or (ii) provision of your Service once you have signed up, registered or created an Account on the Application.
  • Service Providers/Drivers/Senders shall not:
    1. categorise their service which they do not offer or that is irrelevant to or inappropriate for the Service they are offering;
    2. provide false location(s) at which they will provide a Service (Other Services);
    3. include third party brand names or other improper keywords in their Profile, title or any posting, messages or submission made in or through the Application;
    4. use misleading titles, words or expressions that do not precisely describe the Service they provide;
    5. include any information in their Profile that is false or otherwise improper;
    6. use the Application for sending or storing any unlawful material or for fraudulent purposes.
    7. avoid any fees that MyServe may charge;
    8. conduct fraud or misconduct on any promotions or partnerships which MyServe may lead;
    9. use their Profile or the Application for promoting (i) Services which are not offered by the Service Provider through the Application; (iii) Services which are not sorted on the Application; (iv) any Application, service, product, party or anything not directly related to their Service or otherwise prohibited by MyServe in its sole will from time to time; or (iv) any services that may be prohibited under law;
    10. solicit Service Users or Passengers or any person to pay or do anything not particularly permitted by these Terms and Conditions or by MyServe as it may in its sole discretion determine from time to time;
    11. do anything that contravenes these Terms and Conditions, the Privacy Policy or any laws.
    12. harm the service, application and/or the software in any way whatsoever
    13. copy, or distribute the software or other content without written permission from the company
    14. be late for all appointments unless prior notice has been given to the Service User/Passenger and agreed by the said Service User/Passenger
    15. cancel appointments without a valid and worthy reason 
    16. impair or bypass the proper operation of the network which the Service operates on;

9. Service Users/ Passengers

Service Users shall not:

  1. compel to buying or using a Service with no aim of paying for such Service;
  2. sign up, request or negotiate a price for, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;
  3. request for or agree to purchase a Service when (i) you know, have reason to accept or have been put on notice that you do not meet the Service Provider, Driver and/or Sender’s terms; or (ii) with the intention of causing interruption, committing fraud or illegal purpose.
  4. you shall not request Transportation and/or Delivery Service for prohibited items such as animals, human parts, alcohol drinks and any items prohibited by laws for related Services without written permission from the company. The Driver/Sender have the right to decline the job if the requested task is prohibited for that service
  5. use the Application and/or the software to cause disturbance, annoyance, inconvenience or make fake booking
  6. use the information of Service Provider, Driver and/ or Senders in our application for your own purpose without going through the application
  7. try to harm the service, application as well as the software in any way whatsoever
  8. copy, or distribute the software or other content without written permission from the company

10. No Confidentiality

Without bias to the Privacy Policy, you acknowledge and agree that MyServe does not guarantee any privacy concerning to any Submitted Content by Service Users and Passengers, including without restriction, your Profile or information conveyed, posted or shared by you that is hosted and / or published on the Application.

 

11. Modifications to Terms and Condition or Privacy Policy

MyServe reserves the right, in its sole will, to change or amend the Terms and Conditions and any other documents incorporated by reference at any time. It is your responsibility to review the Terms and Conditions for any changes. Your use of the Application following any amendment of the Terms and Conditions will signify your agreement to and acknowledgement of any revised Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, please do not use or get to the Application.

 

12. Termination

  • MyServe reserves the right at any time and every once in a while, to modify or discontinue, temporarily or permanently, the Application or any part thereof with or without notice, in its very own will. You agree that MyServe shall not be subject to you or to any third party for any services that is modified, suspended or discontinued.
  • you hereby acknowledge and agree that MyServe in its sole and complete will has the right but not the compulsion to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Application or otherwise terminate your access to the usage of the Application or any part of it, or remove and discard any Submitted Content on the Application instantly, without prior notice for reasons that it may not disclose.
  • upon termination of your Account, your right to add to the Application in any way shall be automatically terminated.
  • upon termination the following shall ensue:
    1. your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. However, such residual data may remain in the MyServe system;
    2. all licenses granted to you will be immediately terminated;
    3. MyServe shall not be liable to you or any third party for any termination of your access to the Application. MyServe holds the right to use any data that is collected by you during usage of the Application; and
    4. all related licenses you have granted MyServe shall remain in effect for the prior purpose. MyServe is not obligated to return any Submitted Content to you. All terms and conditions and rights in favour of MyServe will remain in the full benefit of MyServe.
  • you agree to guarantee and hold MyServe, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party that arises from the termination.

 

13. Intellectual Property Rights

  • the content on the Application (exclusive of all Submitted Content), including without restriction, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by MyServe, subject to copyright and other intellectual property rights under applicable laws and worldwide agreements.
  • data on the Application is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for some other purposes at all without the prior written consent of the respective owners.
  • MyServe reserves all rights to the Data in the Application. You agree not to use, duplicate, or distribute, any of the Data other than as specifically permitted herein, including any use, copying, or distribution of Submitted Content attained through the Application for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to evade, disable or otherwise interfere with security features of the Application or features that restrains from the usage of the Application.

 

 

14. Disputes

  • your interactions with other Users, whether individuals, companies, organizations or associations and whether as Service Provider, Drivers, Senders Service Users or Passengers found on or through the Application, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such Third Party or User. You should take reasonable provisions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or User for any purpose whatsoever.
  • you understand and acknowledge that deciding whether to:
    1. use the Services of a Service Provider
    2. provide Services to a Service User; or
    3. use Transportation Service of a Driver
    4. provide Transportation Service to Passenger; or
    5. use Delivery Service of a Sender
    6. provide Delivery Service to a User; or
    7. use information contained in any Submitted Content is your personal decision, for which you alone are responsible. You understand that MyServe does not and cannot make representations to any Service User/Passenger that you may decide to interact with on or through the Application.
  • in the event of any dispute between you and a Service User, Passenger Service Provider, Driver, Sender or any other third party or user in relation to the Application, such dispute shall be resolved between you and such Service User, Passenger, Service Provider, Driver, Sender or any third party or user, and MyServe shall not have or hold any responsibility, liability or obligation in any disputes.
  • you agree that MyServe shall not be responsible or liable for any loss or damage of whatsoever that incurs as a result of transactions, dealings and usage of the Application. If there is a dispute between any users of the Application or third party, you agree that MyServe is not in any obligation get be involved. In the event of any dispute, you agree that MyServe, its officers, managers, members, directors, employees, attorneys, agents and successors is relieved from any claims, demands, and damages of any kind, known or unknown, suspected or unsuspected, predictable or unpredictable, disclosed or undisclosed that arises from any disputes from the usage of the Application.

 

15. Advertisements and Third-Party Links

  • certain features of the Application and other MyServe services may be maintained through advertising revenue. Therefore, MyServe may have advertisements and promotions on the service. The manner, mode and extent of advertising by MyServe on the Application are subject to change and the appearance of advertisements on the Application does not necessarily imply endorsement by MyServe of any advertised products or services. You agree that MyServe shall not be responsible or liable for any loss or damage of any sort sustained by you as a result of any such dealings or as the result of the presence of such advertisers on the Application.
  • the Application may provide, or third parties may provide, links, contact forms and/or phone numbers to other Applications or resources, including, without limitation, social networking, blogging and similar Websites or Applications through which you are able to log into the Application using your existing account and log-in credentials for such third-party Applications. You acknowledge and agree that MyServe is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such Applications or resources. Unless expressly stated on the Application, links to third-party sites should in no way be considered as or interpreted to be MyServe's endorsement of such third-party sites or any product or service offered through them.
  • we do not monitor or have any control over, and make no claim or representation regarding third party Applications. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party Application does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party Application.
  • you further acknowledge and agree that MyServe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such Application or resource. Once you leave our Application, these Terms and Conditions no longer applied to you and you are advised to check the terms and conditions of those Applications. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Application, and you accept all responsibility thereof. Your dealings and communications through the Application with any party other than MyServe are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party

 

16. Disclaimer of Warranties, Limitation of Liability and Indemnities

  • you agree that the use of the Application is at your own risk. MyServe, its officers, directors, employees and agents make no warranties and representations that arises or resulting from the usage of the Application
  • you agree that, permitted by law, in no event shall MyServe, its officers, directors, employees and agents be liable for any direct, indirect incidental, special, general, corrective, standard, significant damages or any form of damage, loss or injury in any form whatsoever (including but not limited to loss of profits, corruption or loss of data, failure in transmission of data or business interruption regardless of liability (contract, tort or otherwise) arising or resulting from or under and in connection with the application.
  • you agree to protect and hold harmless to the extent allowed by law that MyServe, its officers, director, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature arising from your use of the Application, your breach and/or violation of any term of these terms and conditions, your breach and/or violation of any third party right of any nature whatsoever, including but not restricted to copyright, intellectual property, property and/or privacy rights.

 

17. Fees and Taxes

  • MyServe reserves the right at its sole will to charge fees to Service Users and / or Service Provider for the MyServe Service and the use of the Application, including but not limited to fees for contacting Service Users, responding to requests from Service Users, or conducting transactions with Service Users through MyServe. MyServe reserves the right to charge fees for such facilities at its sole discretion and by using the Application, you agree to pay any such fees as MyServe may notify to you and prescribe from time to time.
  • MyServe acts exclusively as an online platform for Service Users/Passengers to connect with Service Providers/Drivers/Senders for the purposes of transacting to respectively receive and provide Services. MyServe is not itself a Service Provider, Driver, Sender Service User, or a Passenger and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Service Provider to any Service User. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations

 

18. Not Party / No Agency or Partnership

  • you hereby acknowledge and agree that MyServe is NOT a party to any oral or written agreement for Service or any agreement or contract entered into between Service Users/ Passengers and Service Providers/Drivers/Senders in connection with any Service offered, directly or indirectly, through the Application.
  • no agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Application. You do not have any authority whatsoever to bind MyServe in any respect. All Service Providers/ Drivers and Senders are independent of MyServe. Neither MyServe nor any Users of the Application may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

 

19. Entire Terms

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by MyServe on the Application, shall constitute the entire agreement between you and MyServe concerning the Application. If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

 

20. Governing Law

These Terms and Conditions shall be governed by the laws of Malaysia and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.