Terms and Conditions

TERMS OF USE FOR MaxiCABooking SG SERVICES

Last updated: 6th Sept, 2016

Acceptance of Terms of Use

1. Please read these terms of use (“Terms”) carefully. These Terms govern your access to and use of the products and services of MaxiCABooking Singapore (Company Registration No : 53230168D ) and/or any subsidiaries, affiliates or related companies of MaxiCABooking Singapore (“Company”, “We”, “Us”, “Our”) made available through mobile devices, and applications, electronic mail, online booking, call hotline, SMS or otherwise and any related services including notifications, electronic mail or SMS confirmations which overall purpose is to provide you with transportation services (the “Services”), and any information, data, or other content or materials appearing or otherwise made accessible on or through the Services (collectively, the “Content”). By accessing or using our Services or Content, you agree to be bound by these Terms and conclude a legally binding contract with us. If you do not agree to these Terms, please do not download, access or use our Services.

Changes to Terms of Use

2. We reserve the right, at our sole discretion, to modify or update these Terms at any time and all changes will become immediately effective upon posting. Your continued access to or use of our Services after such changes have been posted shall bind you to such changes and the amended Terms. It is your sole responsibility to check these Terms regularly for changes. If you do not agree to the amended Terms, please do not continue to access or use our Services.

Scope of our Service

3. The Company provides a transportation services and also provides a platform through which persons seeking transportation services (“Passengers”) can make bookings for our transportation services with our drivers (“Driver”) via our application, electronic mail, online booking, our call hotline or otherwise.

Making a Booking and Cost of Service

4. To confirm a Passengers’ booking whether made via our application, email, online booking or call hotline, the Company will send a confirmation via SMS, email or otherwise (“Confirmation”) stating the details of the booking such as place of pick-up, time and date of pick-up, destination and type of vehicle.

5. The cost of the transportation service provided shall be as per the rates on our website which can be accessed at https://maxicabooking.com/singapore-maxi-cab-rates/(“Relevant Rate”). Notwithstanding the foregoing, the Company may, from time to time, in its sole discretion, vary the rates on our website and make promotional offers to any of the Passengers.

6. Unless otherwise agreed, in relation to the transportation service provided by Driver, the Passenger is required to make payment in full by one of the following methods:

• Cash, upon completion of the ride with the Driver;
• NETS payment, upon completion of the ride with the Driver (an additional 7%, or such other rate as the Company or Driver may inform you from time to time, of the fare will be imposed); or
• Credit card, upon completion of the ride with the Driver (an additional 10%, or such other rate as the Company or Driver may inform you from time to time, of the fare will be imposed); or
• PayPal, before or after completion of the ride with the Driver (an additional 10%, or such other rate as the Company or Driver may inform you from time to time, of the fare will be imposed).

7. If you have any complaints in relation to the service provided by the Driver, we will try to resolve it using our best endeavours but we do not guarantee that we will resolve the complaints to your satisfaction.

8. You further agree that the Company shall be allowed to collect and hold advance payments for the ride.

Cancellation charges

9. Bookings cancelled after the Company has sent a Confirmation shall have the following cancellation charges due to the Company:

• If cancellation is made once the booking is confirmed- 25% of the Relevant Rate;
• If cancellation is made between 12h to 24h before pick-up time – 50% of the Relevant Rate; and
• If cancellation is made less than 12h before pick-up time or no show – 100% of the Relevant Rate.

Late payment charges

10. If an invoice is issued to you and we do not receive your payment within 14 days from the date of the invoice, you shall pay interest on all outstanding sums at an interest rate of 10% per month. Interest will start accruing from the date due to the date of payment.

Access to Services

11. In order to access any Services offered by us, you must register for an account on (“Account”) subject to the registration criteria herein. Upon registration, you will receive a unique account identification which shall be assigned exclusively to your Account in order for you to access and use such Services, where applicable, and it shall be your sole responsibility for safeguarding and maintaining the confidentiality of your PIN number.

Registration

12. You represent and warrant that if you are registering for the Services as an individual, that you are at least eighteen (18) years old and that you are fully capable and competent to enter into and to comply with these Terms. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into agreements, you must abide by such age limits and/or restrictions and you must not use our Service.

13. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.

14. Your access and use of the Services shall be at your own discretion and risk and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined below, including your username and password and all activities in connection with or that occur on or through your Account, as defined below.

Intellectual Property and Limitations on Use

15. All rights, title and interest in and to the Services, including all Content pursuant to the Services remains and/or shall be the copyright or intellectual property of either Company or third parties providing the data (“Data Providers”) (as the case may be).

16. You may not use the Services, including all Content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our consent.

17. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Service unless with our consent.

18. We hereby grant you a personal, limited, worldwide, royalty-free, non assignable, non-transferable, revocable, non-exclusive license (without the right to sub-licence) to use the Services and Content for the sole purpose of enabling you to use and enjoy the benefit of the Services in a manner prescribed by these Terms. Such license is subject to these Terms and does not include the distribution of any Content, modifying or otherwise making any derivative uses of the Services or the Content (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Services, Content or information contained therein except as expressly permitted on the Services, and any use of the Services or Content other than for their intended purposes.

User Conduct

19. You agree that:

• unless otherwise agreed, you will make payment in full to the Company or Driver for the transportation services provided by the Company;
• you will provide accurate, current and complete information as required for the Service and undertake to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during your usage of our Services;
• by accessing and using our Services via mobile devices, or by using certain mobile features, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees;
• if you are using our Services to make any bookings on behalf of other persons, you agree that you will procure that these other person are aware of these Terms and their usage of the services entails acceptance of these Terms; and
• the Service is provided on a reasonable effort basis.

20. You agree not to, and will not assist, encourage, or enable others to:

• disrupt, hinder, abuse or interfere with the security and operations of the Services;
• transmit through the Services any spam, viruses, bugs or other harmful, disruptive, or destructive files;
• use the Services for any purpose that is illegal, unauthorized or beyond the scope of their intended use;
• use the Services to cause nuisance, inconvenience or make fake bookings;
• contact the Driver for purposes other than using the Service;
• intentionally or unintentionally cause or attempt to cause damage to the Driver and his vehicle;
• falsely imply that a product or service is associated with us or our Services;
• copy, or distribute the Service or other Content without written permission from the Company; and
• violate these Terms or any laws, rules and regulations applicable to your access to or use of the Services and the Content.

21. In the event that you violate any of these Terms or otherwise create risk or possible legal exposure for us, we may, at our sole discretion and in addition to our other rights and remedies, terminate your Account with us and stop providing the Services (or any part thereof) to you.

22. You further agree and acknowledge that the Services are always evolving and that the form, nature, features, availability and limits on the use of the Services may change from time to time without prior notice to you.

Privacy

23. Any personal information that you provide to us through our Services is subject to our Privacy Policy  which is incorporated into these Terms by reference. Our Privacy Policy governs our collection and use of such information in connection with the Services. By accessing and using the Services, you agree to be bound by the terms of our Privacy Policy.

Disclaimer of Warranties

24. The Services and Content are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, we do not guarantee, represent or warrant and hereby disclaim all representations, warranties and conditions, whether express or implied, as to the quality, accuracy, correctness, reliability, timeliness, non-infringement, safety or security, title, merchantability or fitness for any particular purpose of the Services or Content.

25. Insofar as permitted by law, we disclaim all warranties, representations and obligations of any type, express or implied, including any warranty of merchantability or satisfactory quality, any warranty of fitness for a particular purpose, any warranty of continuous services at any particular time, any warranty that the use of the Service will be secure, timely, uninterrupted or error-free, any warranty that the Service will meet your requirements or expectations, any warranty regarding the quality of any products, services, information or other materials purchased or obtained by you through our Services and that such products, services, information or other materials will meet your requirements or expectations, or integrity of data stored or transmitted via the Services, any representation of any kind that this website will be accessible to any particular standard or be free from any bugs, errors or remain unaffected by viruses or other similar features affecting the performance of the Services, and further disclaim any and all liability for negligence and lack of reasonable care.

26. Further, we make no representations, warranty or guarantee as to the reliability, safety, timeliness, quality of any services, including but not limited to the transportation services provided by the Driver through the use of our Service. You acknowledge and agree that the entire risk arising out of your use of the Service remains solely and absolutely with you and you shall have no recourse whatsoever from the Company.

Limitation of Liability

27. To the maximum extent allowed by law, we shall not be liable for any loss, damage, or inconvenience, including but not limited to indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of business, profits or revenues, whether incurred directly or indirectly, or business interruption, or reputational harm, or any loss of information, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of the Services including any Content; (b) any breach or violation of any of these Terms or any applicable law or regulation or of the rights of transportation providers and/or passengers arranged via the Service; and/or (c) any infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.

28. In any event, any and all claims that you may have against the Company shall be limited to the aggregate amount of such sum(s) actually paid by and/or due from you in utilizing the Service which gave rise to the claim.

29. In the case of dissatisfaction with the Services or any other grievance, your remedy shall be your termination and discontinuation of access to or use of the Services.

Indemnity

30. Without prejudice to any of our other rights and remedies, you agree to indemnify, defend and hold us harmless from and against all losses, damages, claims, charges, expenses and costs (including legal costs on a full indemnity basis) sustained, incurred or suffered by us in relation to or arising out of (a) your access to or use of the Services including any Content; (b) any breach or violation of any of these Terms by you or of the rights of transportation providers arranged via the Service; and/or (c) any infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.

Tax

31. You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs as may be in force at the relevant time which shall be borne by you.

Termination

32. We reserve the right, at our sole discretion and without notice, to forthwith terminate, suspend, ban, block or prevent your access to or use of the Services (or any part thereof) at any time for any reason whatsoever. Such right shall be without prejudice to any of our other rights and remedies.

33. You may terminate your Account and discontinue your access to or use of the Services at any time.

34. All provisions of these Terms which by their nature are intended to survive termination shall remain in full force and effect following the termination of these Terms including, without limitation, the provisions relating to ownership rights, disclaimer of warranties and liability, indemnity, governing law and dispute resolution.

Jurisdictional Matters

35. Our Services are owned by us in Singapore or such other jurisdiction where our subsidiaries, affiliates or related companies are incorporated. We make no representation that our Services are appropriate or available for use outside of Singapore or other applicable jurisdiction. If you choose to access or use our Services from any location, to do so shall be at your own risk and you shall be solely responsible for compliance with local and international laws applicable in such location, if and to the extent such laws are applicable. Any access to or use of our Services is prohibited where it is not allowed by law.

36. Our Services are hosted in the Singapore. You consent to having your personal information, including your User Content, transferred to and processed in the Singapore or such other jurisdiction where our servers may be located. You also acknowledge that your purchase of and access to and use of the Services and the Content may be subject to local and international laws applicable in theSingapore or such other jurisdiction where our servers may be located, and it shall be your sole responsibility to ensure that you purchase, access or use the Services and the Content only in compliance with such applicable laws.

General Terms

37. In case any provision in these Terms shall be, or at any time shall become invalid, illegal or unenforceable in any respect under any law, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provisions of these Terms.

38. No exercise or failure to exercise or delay in exercising any right, power or remedy vested in us under or pursuant to these Terms shall constitute a waiver by us of that or any other right, power or remedy.

39. These Terms constitute the entire agreement and understanding between you and us in connection with the Services and supersede all prior oral or written communications, representations or agreements between you and us in relation to the subject matter of these Terms.

40. Any third party shall not be entitled to enforce any provisions of these Terms which may confer a benefit on that third party, whether any such entitlement would, but for this provision, arise under the Contracts (Rights of Third Parties) Act (Cap. 53B) or otherwise.

41. These Terms shall be governed by and construed in accordance with the laws of Singapore.

42. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into these Terms. The Tribunal shall consist of one (1) arbitrator to be appointed by us. The language of the arbitration shall be English.