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Your use of this website is subject to these Terms, which maybe updated, amended, revised, modified by us from time to time without notice to you. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of the revisions, additions, or changes that we may have made. The use of this website constitutes your acceptance to this Terms of Use.

LATEST UPDATE

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PRIVACY POLICY

We are committed to protecting your privacy. Authorized employees within the company will only use any information collected from individual customers:

• To Process Application/form
  -Communicating with you via SMS, phone call, email, fax, mail and/or any other appropriate communication channels.
• To provide products, goods, programs, promotions, facilities, and/or other activities as requested by you
• To respond to any questions or comments from you
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• Other purposes which the company may reasonably deem fit.

DESCRIPTION OF WEBSITE

1. This Website provides users with access to a collection of online resources. Any features on this website are subjected to the terms of use. We may add, change, remove or discontinue any aspects of this websites at any time without notice. We may also restrict any parts or all of the websites without any notice or liability.
2. The content of this website is for informational purposes only. The content is not intended to be a substitute for any professional advice.
3. The company does not recommend, guarantee or endorse any specific products, services, goods, promotions or any other information or advertising that may be mentioned on the website. You should make your own decisions and seek advice of your own professionals with any questions you may have about any matter provided on the website. Reliance on any information provided by the website, its personnel, and the company is solely at your own risk.
4. Our mission and goal of this website is to provide you with useful and helpful information about our company, promotions, products, services and collaborative partners.

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Information from this website should only used solely for your personal, noncommercial use. Information from this website cannot be copied or distributed in any form or medium without the website operator’s written authorization. By viewing the contents of this website, you agree with and accept the terms and acknowledge that any unauthorized use of this website is against the law and may subject you to civil and criminal penalties.

WEBSITE OWNERSHIP RIGHTS
The company and the owner of this website own the contents and this website. Material and information contained on the website are presumed to be proprietary and copyrighted. Visitors have no rights in the website content. Use of website content for reasons such as sell or publish is unlawful unless it is done by the owner of this website or permission of the website owner.

1. INTERPRETATION OF RENTAL AGREEMENT
1.1 This agreement (“Rental Agreement”) between ML Thrust Sdn Bhd (“THE COMPANY”) and the Hirer (as provided and stated in the Rental Agreement) is made on the date shown in this Rental Agreement and shall be effective from the “Out Date”, whereby the Hirer shall be bound by the Terms and Conditions herein.
“Collection Costs” means THE COMPANY’s costs of collecting unpaid Rental Charges from the Hirer (including, but not limited to, THE COMPANY’s legal costs), THE COMPANY’s administration fee of RM100.00 (not including such prevailing SST rate(s) when this fee is chargeable to the Hirer), and its debt-collection agent’s fee which is equal to 30% of the unpaid Rental Charges.

“Upfront Payment / Advanced Payment” means a sum determined by THE COMPANY representing the upfront or advanced payment which is to be paid by Hirer to THE COMPANY, as security; this is to cater for accident(s) or any incidental event(s) in connection with or relating to the Vehicle.

“Drop Fee” means a fee to be paid where the return location is different from the collection location of the Vehicle, i.e., different from THE COMPANY’s office.

“Rental Charges” means the charges / fee of RM350.00 per week imposed by THE COMPANY on the Hirer, for the renting of the Vehicle.

“Rental Period” shall have the meaning assigned to it in Clause 10 herein.

“Substitute Vehicle Insurance” means a motor vehicle insurance policy held by the Hirer which covers the Hirer while using the Vehicle as a substitute for the vehicle insured under that policy.

“Overhead Damage” means damage (excluding hail damage) to the Vehicle, above the top of the door seal or the top of the front and back windscreens, or damage to third party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or the Hirer or any person standing or sitting on the roof of the Vehicle.

“Underbody Damage” means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where THE COMPANY considers, acting reasonably, that the driver of the Vehicle is reasonably at fault for that damage.

“LDW” means a particular type of insurance which is offered when vehicle is rented from a car rental company.

“Vehicle” means the Vehicle described in the Rental Agreement (or any substitute Vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, as well as all accessories and contents supplied by the Company.

2. RESPONSIBILITIES OF HIRER

2.1 The Hirer hereby agrees and acknowledges that:-

(a) No other persons other than the Hirer shall drive the Vehicle; and

(b) The Hirer holds a valid and current unrestricted motor vehicle driving license for the particular class of vehicle hired, pursuant to the Road Transport Act 1987.

2.2 The Hirer shall exercise due care, caution, and diligence in carrying out his / her duties and shall ensure the safety and comfort of the passenger(s) of the Vehicle at all times.

2.2 The Hirer shall observe, comply, and obey all traffic rules and regulations imposed by the relevant authorities.

2.4 The Hirer shall ensure the cleanliness of the Vehicle assigned and to use reasonable endeavours to exercise reasonable skill, care and diligence in the discharge of the services in relation to the Vehicle.

2.5 The Hirer shall cooperate fully to ensure that the Vehicle is used with the level of care which satisfies the standards reasonably expected for such usage.

2.6 In the event the Hirer fails to pay the Rental Charges on the agreed date, THE COMPANY shall be entitled to demand the return of the Vehicle and repossess the Vehicle; thereafter, THE COMPANY shall terminate this Rental Agreement without giving any prior notice to the Hirer and pursue such necessary legal recourse(s) against the Hirer, to recover such outstanding Rental Charges, as well as damage and/or losses suffered by THE COMPANY.

3. PLACES WHERE THE VEHICLE IS ALLOWED OR NOT ALLOWED TO BE USED

3.1 The Vehicle shall only be driven in Klang Valley; if the Hirer intends to drive the Vehicle to to Genting Highlands, KLIA, and/or KLIA 2, the Hirer must first obtain prior written approval from THE COMPANY.

3.2 Vehicle shall be driven on a smooth road surface, and in no circumstances shall the Vehicle be used:-

a) On beaches or through streams, dams, rivers or flood areas;

b) On the road which is prone to flood or a road where the police or the government authority has issued warning or caution notice; or

c) Off road (e.g. on a fire trail, beach, track, grassed area or to cross streams or any other body of water).

3.3 The Hirer shall only use the Vehicle on a road which is properly formed and constructed as a sealed, metalled, or gravel.

4. USAGE OF VEHICLE

4.1 The Hirer shall:-

(a) not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;

(b) not, without THE COMPANY’s prior written consent, use, or allow the Vehicle to be used, to push anything;

(c) not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle; (d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit;

(e) not, without THE COMPANY’s prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;

(f) not use the Vehicle when it is damaged or unsafe;

(g) provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including an animal) until the Hirer has obtained THE COMPANY’s written approval to do so;

(h) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at the Hirer’s cost) and in accordance with the Manufacturer’s Specifications and THE COMPANY’s recommendations;

(i) not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time;

(j) not, without THE COMPANY’s prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances;

(k) not use the Vehicle for the conveyance or towing of any load unless The Hirer have THE COMPANY’s prior written consent; the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; for towing, the Vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and THE COMPANY’s recommendations; and

(l) not use the Vehicle in contravention of any law.

4.2 The Hirer must pay the full costs for engaging any professional cleaning or odour extraction services due to the Hirer or any other person smoking within the Vehicle, thereby causing foul and offensive smell in the Vehicle.

4.3 The Hirer shall be liable to pay all parking, speeding, and traffic infringements and/or fines, and tolls in respect of the Vehicle during the Rental Period.

4.4 The Hirer shall use the Vehicle for the sole purpose of providing service in accordance with the e-hailing / mobile ride-hailing applications or such other service(s) as allowed and approved by THE COMPANY, in writing.

5. REPAIRS TO THE VEHICLE

5.1 The Hirer shall not make any repairs to the Vehicle unless THE COMPANY authorises the Hirer, in writing, to do so.

5.2 THE COMPANY shall only reimburse the Hirer for the cost of such authorized repair or salvage upon the provision of the original receipt of such repair by the Hirer to THE COMPANY.

5.3 THE COMPANY shall only reimburse the Hirer for any repairs to the Vehicle, as authorised in writing by THE COMPANY.

5.4 For the avoidance of doubt, THE COMPANY is not obliged to reimburse the Hirer for any repairs; the decision to repair the Vehicle remains the sole discretion of THE COMPANY.

6. VEHICLE RETURN AND REPLACEMENT

6.1 The Hirer shall return the Vehicle to THE COMPANY:-

(a) to the place, on the date and by the time shown on the Rental Agreement and shall inform THE COMPANY seven (7) days prior to the Date of Return. Any change regarding the Date and Time of Return shall be informed to THE COMPANY within the said seven (7) days to obtain THE COMPANY’s consent on such change, in writing;

(b) in the same condition as it was at the commencement of the Rental Period.

6.2 If the Hirer chooses to return the Vehicle to a different location, apart from the place shown on the Rental Agreement (subject always to the approval and discretion of THE COMPANY), a Drop Fee may be imposed by THE COMPANY; the Drop Fee shall be payable by the Hirer when the Vehicle is returned on the “Date of Return”.

6.3 If the Hirer returns the Vehicle to any place other than the location designated by THE COMPANY, or in the event where THE COMPANY’s location is not open on that day, or the Vehicle is returned to THE COMPANY beyond the operation hours of THE COMPANY, the Hirer shall not be deemed to have returned the Vehicle to THE COMPANY.

6.4 The return of Vehicle is only effective upon THE COMPANY taking physical possession of the Vehicle.

6.5 The operation hours of THE COMPANY are from 10:00 a.m. to 4:00 p.m. on Mondays to Fridays.

6.5 THE COMPANY may request the immediate return of the Vehicle if: –

(a) the Hirer breaches any term of the Rental Agreement and/or the terms and conditions herein;

(b) THE COMPANY reasonably suspects that the Hirer breaches any term of the Rental Agreement and/or the terms and conditions herein; or

6.6 If THE COMPANY reasonably suspects that:-

(a) the Vehicle is used for an unlawful purpose;

(b) damage to the Vehicle, or injury to persons or property, is likely to occur; or

(c) the Vehicle will be involved in an industrial dispute,
THE COMPANY shall demand the return of the Vehicle without any prior notice to the Hirer. The Hirer shall pay THE COMPANY any costs or expenses incurred from the return of the Vehicle in addition to any reasonable costs, charges, demands, expenses and claims under this Rental Agreement.

6.7 THE COMPANY is not obligated to replace the Vehicle in the event the Vehicle is damaged before the expiration of Rental Period.

6.8 The Rental Period shall be the period starting from the “Out Date” and shall expire on the “Date of Return”.

6.9 If the Hirer does not return the Vehicle on the date and by the time shown on the Rental Agreement (or any extended date or time as agreed in writing with THE COMPANY) then:-

(a) after written notice to the Hirer and if the location of the Vehicle is unknown, THE COMPANY may report the Vehicle as stolen to the Police; and

(b) the Hirer shall pay THE COMPANY all Rental Charges (including additional Rental Charges) and compensate THE COMPANY in accordance with clause 8 for any loss THE COMPANY suffers (including all reasonably additional costs THE COMPANY incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by THE COMPANY.

7. FUEL, SERVICES, AND SAFETY

7.1 In the event the Hirer returns the Vehicle on the “Date of Return” with the level of fuel lesser than the level indicated at the time when the Hirer receives the Vehicle on the “Out Date”, the Hirer shall be responsible for the cost of fuel refilling plus the costs associated with arranging to fill the Vehicle with fuel.

7.2 The Hirer shall: –

(a) fill the Vehicle with only the fuel type specified in the Manufacturer’s Specifications of the Vehicle;

(b) keep the Vehicle locked when it is unattended and ensure that the keys are under the Hirer’s personal control at all times; and

(c) comply with all applicable seat belt and child restraint laws.

7.3 For the purpose of Clause 7.1, the fuel level of the Vehicle at the time the Hirer rented it and at the time the Hirer returns it is determined by visual inspection by THE COMPANY of the Vehicle’s fuel gauge, and the kilometres driven.

8. DAMAGES, LOSS OF PROPERTY

8.1 The Hirer shall be held responsible and liable for one or more of the following event(s):-

(a) all losses and damages in relation to the Vehicle during the Rental Period;

(b) costs of towing, repairing and restoring of the Vehicle; or

(c) damage, loss or destruction incurred to the property of the customer or any third party:

(i) which is caused or contributed to by the Hirer or any person the Hirer allows to drive the Vehicle; or

(ii) which arises from the use of the Vehicle by the Hirer or any person the Hirer allows to drive the Vehicle.

8.2 This Clause 8 does not apply to any damage or loss for which THE COMPANY is liable to the Hirer under this Rental Agreement. For the avoidance of doubt, references to the ‘Vehicle’ include all of its parts, components, accessories, and contents.

8.3 The Hirer shall be responsible for the cost(s) of replacing or repairing the Vehicle tyre and windscreen.

8.4 The Hirer shall pay to THE COMPANY the full amount of the following costs and fees:

(a) the cost of repairing any: (1) Overhead Damage or Underbody Damage (including, without limitation, damage which occurs if the Hirer drives the Vehicle into a bridge, a tunnel, a tree or the roof or boom gate of a car park; or damage to the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds); (2) water damage to the Vehicle caused by total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water (including, without limitation, damage which occurs if the Hirer drives the Vehicle through floods, creeks or rivers); (3) damage to the Vehicle or to the property of any third party caused by a breach of Clauses 3, 4, 5, and/or 7; (4) damage to a tyre or an accessory not attributable to normal wear and tear; and (5) damage to the Vehicle or to the property of any third party caused deliberately or recklessly by the Hirer, any other driver of the Vehicle or any passenger carried during the Rental Period;

(b) the cost of replacing, if lost or stolen, an accessory;

(c) the cost of any professional cleaning or odour extraction reasonably incurred by THE COMPANY because the Hirer or another person has been smoking in the Vehicle during the Rental Period in breach of Clause 4.;

(d) a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or smoke extraction; and

(e) if the Hirer have breached the Rental Agreement, a per day loss of revenue fee based on the actual downtime of the Vehicle (or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime), provided that the Hirer’s breach of the Rental Agreement has caused the downtime of the Vehicle.

8.5 The Hirer shall be responsible for any additional payment including other expenses not covered such as:-

(a) any appraisal fees actually and reasonably incurred;

(b) any towing, storage and recovery costs actually and reasonably incurred; and

(c) a reasonable fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.

8.6 The Hirer shall also be liable for any damage liability fee, in the event of loss, damage or destruction of the Vehicle, or to the property of any third party.

8.7 Where the Hirer is required to pay THE COMPANY under this Clause 8, the amount the Hirer shall pay for any loss, damage, repair, cost, or fee: –

(a) may be reasonably determined by THE COMPANY; and

(b) in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.

8.8 If the amount determined by THE COMPANY and paid by the Hirer herein exceeds the final cost of the loss, damage or repair, THE COMPANY shall provide details to the Hirer of the final cost of the loss, damage or repair on request by the Hirer and within a reasonable period of time.

8.6 In the event where the Vehicle is deemed total loss, the Hirer shall be liable for the total value of the Vehicle calculated as at the brand-new retail price of the Vehicle.

9. PAYMENT OF THE CHARGES AND FEES

9.1 On the expiration of the Rental Period, the Hirer shall pay THE COMPANY in accordance with the following provisions as follows:-

(a) All upfront or advanced payments paid to THE COMPANY are non-refundable, regardless of the duration of the Rental Period.

(b) All service fees stated in the Rental Agreement or any charges to be payable thereunder less upfront or advanced payment amount already paid by the Hirer.

(c) Any amount which the Hirer owes to THE COMPANY or payable by the Hirer with respect to usage of Vehicle by the Hirer or imposed on the Hirer or THE COMPANY by any government or other competent authority (such as over speed limit, express way fee, fine for parking in restricted area), as well as any penalty or fine that the Hirer shall be liable to THE COMPANY with respect to violation of relevant laws.

(d) Any amount for which the Hirer shall be liable to THE COMPANY under the Rental Agreement with respect to the breach of Rental Agreement or damage or loss incurred to the Vehicle or third party property; and

(e) The replacement cost (as reasonably determined by THE COMPANY) for a lost or stolen accessory.

9.2 The Hirer authorizes THE COMPANY to collect Rental Charges and payments to be payable to THE COMPANY under this Rental Agreement by credit card or to deduct from any account for any extension of the original Rental Period, or damage found upon return of the Vehicle. If the Vehicle is returned with any damage, THE COMPANY shall be entitled to charge the Hirer’s credit card in relation to the damage to the Vehicle.

9.3 The Hirer shall pay the Rental Charges to THE COMPANY in accordance with the Rental Agreement and make such advance payment as may be required by THE COMPANY.

9.4 THE COMPANY shall refund the deposit of RM350.00, to the Hirer as and when THE COMPANY deems appropriate.

9.5 The Hirer shall pay the Rental Charges when it is due. In the event the Hirer fails to pay the Rental Charges or fails to pay the Rental Charges on time, THE COMPANY shall have the rights to terminate this Rental Agreement immediately or collect a penalty of RM20.00 for each day the Rental Charges are not paid on time. For the avoidance of doubt, the collection of this penalty does not absolve the Hirer’s obligation to pay the outstanding Rental Charges to THE COMPANY.

9.6 If the Hirer fails to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which the Hirer shall be required to pay the amount, the Hirer shall also pay THE COMPANY:-

(a) interest at 10% per annum (compounded daily) on the amount from the expiry of 14 days from the date on which the Hirer shall be required to pay the amount to the date of payment; and

(b) on and as demanded, THE COMPANY’s Collection Costs including interest on THE COMPANY’s Collection Costs calculated in accordance with Clause 9.6(a) above, from the date of demand.

9.7 The Company will give the Hirer a maximum of fourteen (14) days to pafy off or clear all summons from any law enforcement and/or government authorities, calculated from the date THE COMPANY informs the Hirer that such summons are to be paid.

9.8 If the Hirer does not make payment of the summons (as notified by THE COMPANY under Clause 9.7 above) or if the Hirer and/or the Vehicle is subject to summons more than RM300.00 in value (whether individually or collectively), THE COMPANY shall be entitled to repossess the Vehicle, terminate the Rental Agreement, and forfeit all deposit(s) and/or advance payment(s) made by the Hirer.

10. RENTAL PERIOD

10.1 Subject to Clauses 11.1 and 14.1, the minimum term of this Rental Agreement shall be one (1) week. This Rental Agreement shall be effective from the date of this Rental Agreement and shall continue until the return of the Vehicle to THE COMPANY;

11. BREACH OF THESE TERMS AND CONDITIONS

11.1 THE COMPANY shall have the right to terminate this Rental Agreement and demand the return of the Vehicle and repossess the Vehicle at any time or immediately, upon any breach of this terms and conditions by the Hirer.

11.2 Hirer shall be responsible for the following payment resulting from the breach of this Rental Agreement, including but not limited to: –

(a) All costs of the making good the original conditions of the Vehicle or the costs of the replacement of the Vehicle; and/or

(b) Costs of RENTAL CHARGES to be paid to THE COMPANY; and/or

(c) Any damage to the property of third party for which the Hirer shall be fully responsible for; and/or

(d) Costs of towing, maintaining, and/or restoring the Vehicle.

12. CLAIMS AND PROCEEDINGS

12.1 Where the use of the Vehicle by the Hirer, or any other person results in an accident or claim (“Incident”), or where damage or loss is sustained to the Vehicle or the property of any third party, the Hirer must ensure that the Hirer:-

(a) promptly reports the Incident to the police or such relevant authorities;

(b) promptly reports the Incident in writing to THE COMPANY;

(c) not, without THE COMPANY’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident, except to the extent that the Hirer are required to provide a statement to the Police;

(d) permits THE COMPANY or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in the Hirer name in relation to the Incident;

(e) permits or ensures that THE COMPANY may claim in the Hirer’s name under any applicable Substitute Vehicle Insurance, and assist, and cause The Hirer to assist THE COMPANY in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Budget; and

(f) completes and furnishes to THE COMPANY within a reasonable time any statement, information or assistance which THE COMPANY or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.

12.2 THE COMPANY shall meet The Hirer’s reasonable out-of-pocket expenses in complying with clause 12.1(e) and/or 12.1(f).

12.3 If the Hirer does not comply with clause 12.1(b), and THE COMPANY is unable to investigate the Incident, THE COMPANY will, if it is reasonable to do so, debit all Rental Charges to the Hirer’s account pending receipt of the Hirer’s report about the Incident.

12.4 THE COMPANY will collect a non-refundable sum of RM150.00 from the Hirer in the form of a LDW on the first day of the Rental Period.

12.5 The Hirer will have to pay an additional RM270.00 for the first accident claim, and RM370.00 for the second accident claim should there be any claims on the vehicle’s insurance.

13. PROPERTY IN VEHICLE

THE COMPANY shall not be liable to any person for any loss of, or damage to any property:-

(a) left in the Vehicle after its return to THE COMPANY; or

(b) stolen from the Vehicle or otherwise lost during the Rental Period.

14. TERMINATION

14.1 THE COMPANY may terminate the Rental Agreement at any time if the Hirer breaches any provision(s) of the Rental Agreement.

14.2 THE COMPANY may terminate the Rental Agreement at any time, without offering any reason whatsoever to the Hirer, by giving seven (7) days’ notice to the Hirer. Upon receipt of THE COMPANY’s notice under this Clause 14.2, the Hirer shall immediately return the Vehicle to THE COMPANY, failing which, THE COMPANY shall be entitled to repossess the Vehicle, terminate the Rental Agreement, and forfeit all deposit(s) and/or advance payment(s) made by the Hirer.

15. FORCE MAJEURE

15.1 No Party shall be liable to the other Parties for non-performance or delay in performance of any of its obligations under this Agreement resulting from any act of God, flood, fire, war, riot, civil commotion, natural catastrophe, strike, act of government, change of law, occurrence of a pandemic, epidemic, endemic, or any supervening event of whatsoever nature beyond the reasonable control of a Party.

15.2 The Party claiming force majeure shall make every reasonable effort to remove the obstacle and to resume performance at the earliest practicable time.

16. NO WAIVER

16.1 A Party does not waive a right simply because it:-

(a) fails to exercise the right;

(b) delays exercising the right; or

(c) only exercises part of the right,

nor shall it preclude any other or further exercise thereof or the exercise of any other right.

16.2 Any waiver by a Party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision hereof.

17. APPLICABLE LAW

17.1 These terms and conditions of this Rental Agreement shall be governed by the laws of Malaysia.

18. TIME

18.1 Time whenever mentioned, shall be the essence of the Rental Agreement.

19. SEVERABILITY

19.1 If any provision of the Rental Agreement and/or these terms and conditions is held by any court or other competent authority to be void, illegal or unenforceable in whole or part, it shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of the Rental Agreement and/or these terms and conditions.

20. RELATIONSHIP

20.1 Nothing in the Rental Agreement and/or these terms and conditions shall create or be deemed to create a partnership or the relationship of principal and agent or employer and employee between the parties.

21. VARIATIONS / AMENDMENTS

21.1 THE COMPANY may vary and/or amend the terms of the Rental Agreement and/or these terms and conditions by written notice to the Hirer; such variations and/or amendments shall become effective as of the date of the notice or such date as stated in the notice.

22. CONSENT FOR CREDIT CHECKS

22.1 The Hirer hereby authorizes THE COMPANY to disclose the Hirer’s personal data (as defined under the Personal Data Protection Act 2010) to any credit reporting agencies registered under the Credit Reporting Agencies Act 2010 in Malaysia, to conduct credit checks on the Hirer from time to time, in connection with the Rental Agreement and/or these terms and conditions, regardless of whether the relationship between the Hirer and THE COMPANY have been terminated and/or whether a breach of the Rental Agreement and/or these terms and conditions have occurred.
22.2 The Hirer agrees that purpose indicated by THE COMPANY of a legitimate interest to request the Hirer’s report shall be sufficient and adequate proof of a valid purpose within the meaning of the Credit Reporting Agencies Act 2010.

22.3 The Hirer consents to CTOS Data Systems Sdn Bhd, FIS Data Reference Sdn Bhd, Credit Bureau Malaysia Sdn Bhd, and all other credit reference agencies which are registered under the Credit Reporting Agencies Act 2010, to release the Hirer’s credit report to THE COMPANY and/or its legal representatives for the purpose of THE COMPANY processing the application made through the Rental Agreement and any other related process arising therefrom, including but not limited to, credit evaluation, monitoring, credit review(s), and debt recovery purposes (may be referred to as “legitimate interest(s)”).

22.4 The authority and/or consent provided by the Hirer herein shall be:-

(a) on a continuing basis and shall be effective at any time, from time to time;

(b) shall be used as a reference not only for processing the application made through the Rental Agreement (whether by THE COMPANY and/or its strategic partner(s) or partner(s)) but also in any litigation or contemplated litigation proceedings;

(c) applicable whether or not such credit reference information is confidential information or readily available in the public domain;

(d) irrevocable and unconditional.

23. Vehicle Service and Maintenance Obligation

(a) The vehicle shall be returned to the authorised panel servicing centres as stipulated in Annexure I, for scheduled service and maintenance based on the mileage intervals of the Vehicle. Such service and maintenance shall be provided at no cost to the driver subject to the conditions of this Agreement.

(b) Upon completion of each service and maintenance, THE COMPANY, shall notify the Hirer in writing or via electronic communication of the next mileage at which the Vehicle is due for service and maintenance (“Maintenance Schedule”).

(c) The Hirer shall adhere to the Maintenance Schedule, at mileage intervals of 1,000km; 5,000km; and every 5,000km thereafter. Failure to comply with the prescribed schedule may result in the forfeiture of the free maintenance services.

(d) THE COMPANY reserves the right to modify Annexure I by providing the Hirer with no less than seven (7) days’ prior written notice of any such modifications. The updated list of authorized servicing centres will become effective upon the expiration of this notice period

(e) THE COMPANY shall not be liable for any damage or loss resulting from the Hirer’s failure to adhere to the Maintenance Schedule, failure to return the vehicle to an authorised servicing centre, or failure to comply with any other provisions of this Agreement. The Free Maintenance Services do not include any repairs or services that fall outside the scope of regular maintenance as determined by THE COMPANY.

24. CODE OF CONDUCT

23.1 THE COMPANY maintains a zero-tolerance policy towards violations of the Code of Conduct (as appearing herein).

23.2 The following behaviours are prohibited:-

(a) Attempted or actual physical assault;

(b) Verbal or physical sexual harassment;

(c) Rape, murder, kidnapping, threats and intimidation, and sexual advancement, whether consensual or otherwise.

23.3 In a dispute, do not take matters into your own hands.

23.4 Do not commit traffic violations or drive in a reckless manner that endangers the lives of our users and other road users. This includes complying with speed limits, obeying road signals and traffic lights, using hands-free kit while driving or riding, ensuring the Hirer’s passenger(s) wear a seatbelt. The Hirer should always wear a seatbelt. Avoid driving or riding long hours and take sufficient breaks.

23.5 Do not consume drugs or alcohol while you are on driving the Vehicle. Illegal substances, open containers of alcohol and weapons are not permitted in the Vehicle.

23.6 Do not accept or deliver illegal items / dangerous goods, including any special requests for goods and/or services. If the Hirer has reason to suspect the nature of the contents of the parcel, please notify THE COMPANY and the authorities.

23.7 Maintain the Vehicle in a good operating condition, in accordance with industry safety standards and local regulatory requirements.

23.8 Maintain good personal hygiene at all times. The Hirer is advised to do his / her part to ensure a safe environment for your passengers, your family, and yourself. Regularly refer to latest official guidelines for requirements on personal and vehicle cleanliness.

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