terms of service

A. General Term.

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The terms and conditions of this Agreement govern your use of the services (“Services”) provided by Carching Ventures Sdn. Bhd. ("the Company", “carching” or “We” or “Us” or “Our”), a Malaysian entity, either itself or through its subsidiaries or licensees, via our mobile application or any other platforms designated by Us (“the Platforms“). “Driver”, "Brand Ambassador" or “Rider” means private vehicle drivers that using the Platforms to generate additional income by having their vehicles available for branding and advertisement placement.

 

By using the Platforms, you are indicating that you have read, understand and agree to be bound by the terms and conditions herein. If you do not agree with its terms, please do not use this Portal and mobile apps. The Services constitute a platform that enables our clients to seek media information on Carching, to find out the rates and most importantly self-service portal which enable clients to access to make any media inquiry, booking, scheduling, media uploading, make payments and monitor every campaign.

 

YOU ACKNOWLEDGE THAT WE DO NOT OWN THOSE VEHICLES AND CARCHING IS MERELY A MEDIA COMPANY PROVIDES CROWDSOURCING PLATFORM.

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1. Legal Capacity; Children and Minors.

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If you are under the age of consent (which is 18 years old), you should only use our Service if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Service. You should use our Service only if you are fully able to understand and enter into and comply with these Terms. Our Services are not intended for users below 18: if you are under 18, please wait until you turn 18 to use them.

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2. Privacy Notice.

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To better protect your privacy, we provide notices explaining our information practices and the choices you can make about the way your information is collected and used at our Services. Click here to view our Privacy Policy. The Privacy Policy forms part of the Terms.

3. Responsibility for Your Use.

You may only use our Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability.

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4. Violation of Security Systems.

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You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Carching reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in

resolving security incidents.

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5. Disclaimer of Warranties.

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Although we make great efforts to make our Service error and interruption free, we cannot promise that such efforts will result with such desired performance. Your use of this service is at your own risk. No oral or written information or advice given by us shall create a warranty. The service and all the materials, information, software, facilities, services and other content in the site are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Carching and any affiliated companies of Carching disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Carching do not warrant that the functions contained on or through this service will be available, uninterrupted or error-free, that defects will be corrected, or that the service or the servers that make the service available are free of viruses or other harmful components. Carching does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other content on the service or any websites linked to the service in terms of their correctness, accuracy, reliability, or otherwise. Carching makes no warranties that your use of the materials, information, software, facilities, services, or other content of the service will not infringe the rights of others and Carching assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, services, or other content of the service or any other website. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

 

6. Limitation of liability.

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Carching disclaims all liability, whether based in contract, tort (including negligence), strict liability, or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) resulting from any use of, or inability to use, the service or any other site, app or service, or the material, information, software, facilities, services, or other content on the service or any other site, app or service, regardless of the basis upon which liability is claimed and even if any member of Carching have been advised of the possibility of such loss or damage. Without limitation, you assume the entire cost of all necessary servicing, repair, or correction in the event of any such loss or damage arising therein. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

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7. Confidentiality.

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We do not collect sensitive personal data or information of Users like password of Your email account, password of Your account on the Website/App, biometric information such as finger prints, voice & facial patterns or any other sensitive information which is confidential or sensitive by its nature, without your explicit consent or unless necessary by law. Financial information such as Bank Account details or Credit Card or Debit Card or other payment related details are collected at the payment gateway by the payment facilitator.

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8. Indemnity.

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You agree and undertake to indemnify Us against any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Website/App or otherwise and Your use and access of websites, applications and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which You may have disclosed to such Third Parties.

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9. Termination.

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We may suspend or terminate your access to all or any part of the Portal at any time, with or without cause, effective immediately. You may terminate your use of the Portal at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We will suspend or terminate your access to the site if you are determined to be, in our sole discretion, a repeat infringer of this Agreement. We also reserve the right to suspend or cancel your account that has been inactive for extended periods of time. In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable:

(i) you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination;

(ii) we reserve the right to permanently dispose and delete any data held in the Portal without further reference to you; and

(iii) Any claim which either party may have against the other in respect of any breach or non-performance

(iv) or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced."

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9. Investigations.

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Carching may seek to gather information from a user who is suspected of violating these Terms and from any other user. Carching may suspend any users as it deems appropriate and without notice. Carching may fully cooperate with any law enforcement authorities or court order requesting or directing Carching to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. By accepting this agreement you waive and hold harmless Carching from any claims resulting from any action taken by Carching during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Carching or law enforcement authorities.

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10. Third-Party Services.

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During use of the Service, you may, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Carching does not endorse any applications or sites on the Internet that are linked through the Service, and in no event shall Carching be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Carching is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

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11. Jurisdiction.

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The Terms shall be governed by Malaysian law and any disputes, after unsuccessful mediation, shall be referred to the courts of Malaya. General. If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Subject to the Brand Ambassador Additional Terms and the Advertiser Additional Terms, as applicable, this is the entire agreement between you and Carching relating to the matters contained here and the Service. In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.

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B. Brand Ambassador Eligibility Requirements

The following terms are specifically for Brand Ambassadors and are in addition to the Terms above.

By registering, you accept and warrant that you meet the following requirements:
(i) You are Malaysian citizen.
(ii) You are over 18 years of age.
(iii) You hold a current valid Malaysian driver’s license.
(iv) Your car has a valid registration and insurance for the duration of campaign.
(v) Your car is registered in your name, you must notify Carching immediately if your ownership of car is transferred. If your car is not registered in your name, you must be authorised by the car owner to drive the car.
(vi) Your car is in good condition and is kept clean and presentable at all times during a campaign.
(vii) You allow Carching to advertise on your car and your car must have sufficient space.
(viii) You can only be involved in a one campaigns at a time.
(xi) Carching campaigns will start from the official campaign date. There is a chance that you will have the advertising on your car for up to a couple of weeks before the start date. In this instance there is no provision for compensation to be made for any period before the official campaign start date.
(x) In the event that a campaign does not proceed for any reason even after you have been selected as a Brand Ambassador, you accept that no loss and damage will be suffered.

C. Vehicle Eligibility Requirements

A Vehicle can only be listed on the Platform if the Vehicle is:
(i) duly registered, or have sharing rights assigned to the Host;
(ii) registered for use on public roads in Malaysia;
(iii) adequately maintained for safe use;
(iv) is not subject to any unaddressed safety recalls;
(v) in the case of the Vehicle of more than 10 years old (from the first date of registration), the Vehicle can be listed with the necessary certifications and with prior inspection carried out to the satisfaction
of Carching
(vi) is insured in accordance with the minimum insurance levels required by law and where Preferred Insurance Coverage is chosen by the Organic Hosts, is insurable, to be determined at the sole discretion of our Preferred Insurer,

(collectively, the “Vehicle Eligibility Requirement”).
 

D. Carching’s Discretion.

The authorisation of or the approval of Vehicles to be listed on the Platform, are made at the sole and absolute discretion of Carching. The eligibility criteria may be changed by us at any time for any reason at our sole discretion. Carching does not guarantee, and does not make any warranties or representations, and does not endorse the safety or roadworthiness of the Vehicles, or the ability of any Guest to operate the Vehicles safely and competently.

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E. Changes to this Terms of Service

 

We may occasionally make changes to this Terms as and when required. When we make material changes to this Terms, we'll provide you with prominent notice as appropriate under the circumstances. For example, we may display a prominent notice on our website, send you an email or device notification. To make sure you are aware of any latest changes, please review this policy periodically. Continuing to use the Services will indicate your acceptance of the amended terms in the Terms. If you do not agree with any of the amended terms, please avoid any further use of the Services.

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