Terms & Conditions

Please read the following terms and conditions carefully. By accessing this website, we assume you agree that you have read, understood, accepted and agreed with the Terms and Conditions in full. You further agree to the representations made by yourself below. If you do not accept all the Terms and Conditions stated on this page and wish to discontinue using the service, please do not continue using the ZAP Application or the service.

We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us” refers to our Company, ZAP. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Singapore. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

By using ZAP’s website you consent to the use of cookies in accordance with ZAP’s privacy policy.

You can withdraw your cookie consent at any time. In order to do so, please refer the provisions below:

If you want to delete the cookies stored on your device and configure your web browser to refuse cookies, you can do it by using the preference settings of your web browser. We can usually find the navigation settings relating to cookies in the « Options », « Tools » or « Preferences » menus of the web browser you use to access to this website.

Please note that by disabling the use and storage of cookies on your computer, you will be able to surf on our website. However, some options or features might not work properly.

Eligibility

In order to use our services, each User must create a User Account and agrees to provide any personal information requested by ZAP. Users will be required to provide their name, birthday, identity card, drivers’ license and insurance, valid telephone number and email address. Use of the Site is limited to those over the age of 18 at the time of registration. Users are limited to one Account per User. No User Account may be created on behalf of or in order to impersonate another person. You agree that We and other users may rely on Your Information as accurate, up to date and complete. You acknowledge that if Your Information is found to be untrue, inaccurate, not up to date or incomplete in any respect, we have the right to terminate this Agreement and Your use of the Services. We will not be liable to any User in the event that any information provided by another User is incomplete, inaccurate, misleading or fraudulent.

Use of Service

Our app is strictly limited to providing online platform that connects Drivers and Passengers to taxi in a private capacity. Our app may not be used to connect Drivers and Passengers to share car, offer or accept ridesharing for profit or in any commercial or professional context. The service may only be used to reduce the Driver’s costs and may not be used to generate any profit for the Driver.

As a condition of your use of Our service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.

As an example, you agree not to use the Service in order to:

  • post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
  • defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
  • upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers;
  • violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  • attempt to obtain passwords or other private information from other members;
  • improperly use support channels or complaint buttons to make false reports to us;
  • develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other cheat utility” software program or applications in violation of the applicable license agreements;
  • exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; or
  • violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.

Restrictions

Unless otherwise stated, ZAP and/or it’s licensors own the intellectual property rights for all material on ZAP. All intellectual property rights are reserved. You may view and/or print pages from http://www.zaps.com for your own personal use subject to restrictions set in these terms and conditions.

You must NOT;

(i)license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make to be had to any third party the Application and/or the Software in any way; (ii) change or make derivative works based on the Application and/or the Software; (iii) send spam or otherwise duplicative or unsolicited messages; (iv) create internet “links” to the Application or “frame” or “minor” the Software on any other server or wireless or internet-based device; (v) redistribute content from ZAP (unless content is specifically made for redistribution).

Payments

Once you have arrived or completed a journey by using the service, payment is required in full to the Driver through the selection of the payment method available to you on the Application such as by cash or credit card or debit card.

ZAP have the right to suspend the processing of any transaction that may be fraudulent or illegal. In addition, all payments must be in the local currency in the Territory. With that, you required to carefully check there before using it. In order to avoid the doubt, ZAP may at is absolute discretion to reject your request. There are no redeemable for cash, are not refundable at any circumstances and cannot be exchanged for value or resold.

Taxes

This Terms and Conditions shall be subject to all prevailing statutory taxes, duties, fee, charges and/or costs, however denominated, as may be in force and in connection with any applicable future taxes that may be introduced at any point of time.

You are agreed to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with this Agreement.

User Comments

This Agreement shall begin on the date hereof. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. ZAP does not screen, edit, publish or review Comments prior to their appearance on the website and comments do not reflect the views or opinions of ZAP, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws ZAP shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

ZAP reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our app and have all necessary licenses and consents

to do so;

  • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
  • The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to ZAP a non-exclusive royalty-free license to use, reproduce, edit and authorize other to use any of your comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Web site without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  • These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  • We may consider and approve in our sole discretion other link requests from the following types of organizations:
  • Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
  • dot.com community sites;
  • associations or other groups representing charities, including charity giving sites,
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms whose primary clients are businesses; and
  • educational institutions and trade associations.

 

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ZAP; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations or party listed in above paragraph and are interested in linking to our website, you must notify us by sending an e-mail to admin@zaps.my. Please include your name, your organization name, contact  information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks or a response.

 

The organizations that may hyperlink to our Web site required approved as follow:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Content Liability

We shall have no any obligation or legal responsibility for any content appearing or acting on your Web site. You compromise to indemnify and defend us in opposition to all claims arising out of or based upon your Web site. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, in any other violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request which you eliminate all links or any particular link to our Web site. You agree to immediately remove all the links to our Web site upon such request.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may refer or contact us about this. We will consider requests to remove links but will have no any obligation to do so or to respond directly to you.

Whilst we endeavour to make sure that the information on this Website is accurate, we do not warrant its completeness or precision, nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Confidentiality

With respect, you shall maintain in confidence all confidential information and data relating to the company and the service. You also may require to ensure that you only use such confidential information in order to use the service, and should not without the prior written consent from the company, disclose such information to any third party nor use it for any other purpose.

Internet Access/ Software

In order to use the service or Application you must be ensure that you have download the correct Software and use the latest update version for your device. The company shall not be liable for the download and usage of wrong and/or outdated Software on your device.

Rating and Reviews

The Drivers have the right to rate you as a User of the service to leave for a public review and submit a star rating about riders whom they have provided the service. Based on every rating, it is not limited to the user’s conduct or behaviour, before, during and after the ride has been completed.

Any ratings or reviews reflect the opinion of that individual and shall not reflect the opinion of the company. The ratings and reviews by Driver must be fair, truthful and factual and may not contain any offensive. Every rating will be automatically logged onto the company’s system and will be analyse all the ratings and reviews received.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR THE DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE;
  2. LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION;
  3. LIMIT ANY OF OURLIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW; OR
  4. EXCLUDE ANY OF OUR OR YOUR LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

General

If applicable, the Agreement shall be governed by the laws of Malaysia. With respect to any disputes, actions, claims or causes of arising action out or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Singapore to which you hereby agree and submit to.

If any provision of the Terms and Conditions of is held to be invalid or unenforceable under any law that applicable hereto or this shall, without limitation also apply to the jurisdiction as a final decision so determines, this Agreement shall continue in force save that such offending provision shall be deemed to be removed.

The Terms and Conditions encompass the entire Agreement between you and the company and replace all previous negotiations or deliberations, whether in written or oral (if any) between the parties concerned with the subject matter herein.

An individual who is not a party to these Terms and Conditions strictly has no right to rely upon or enforce any term of these Terms and Conditions.

You hereby agree that the company entitled the right to terminate this Agreement immediately if you are found to be in breach of any of the terms set out in this Agreement. For the avoidance of doubt, the termination of this Agreement does not require the company to indemnify, reimburse or cover any cost incurred by you while you are received services from a third party transportation provider under this Agreement.

ZAP may give notice to you by means of general notice published on the user Application or the Website or direct to your email address set out in your account.

 

 

 

 

 

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