Section A – General Terms
1.4. LUCKY IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. LUCKY’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. LUCKY IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF LUCKY AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY LUCKY.
2.1. “Application” means the relevant mobile application(s) made available for download by Lucky (or its licensors) to Users and Third Party Providers respectively;
2.2. “Lucky” means:
2.2.1. Lucky Car Sdn Bhd in relation to LuckyCar;
2.2.2. Lucky Car Sdn Bhd in relation with e-hailing business in Malaysia;
2.2.3. in relation to Lucky for Business, the entity stated at the Lucky for Business account sign-up page in relation to; and/or
2.2.4. the relevant subsidiary, affiliate, associated company of Lucky Car Sdn Bhd.
2.3. “Lucky Policies” means the following:
2.3.2. the Lucky Driver / Delivery Partner Code of Conduct or the Lucky Customer Code of Conduct may be applicable; and
2.3.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.5. “Platform” means the relevant Lucky technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
2.7. “Service” means the linking of Users to Third Party Providers through the Application, Platform and/or Software;
2.8. “Software” means any software associated with the Application which is supplied made available for download and installation by Lucky;
2.9. “Solutions” means the following transportation and/or logistics services which are made available to Users through the Service (each a “Solution”):
2.9.1. Lucky Car;
2.9.2. Lucky Business;
2.9.3. Any such other services which Lucky may make available from time to time
2.10. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including third party merchants;
2.11. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and
2.12. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
3. Representations, Warranties and Undertakings
3.1. By using the Service, you represent, warrant / undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. All the information which you provide shall be true and accurate;
3.1.3. You will only use the Application, Platform and Service for their intended and lawful purposes;
3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.9. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Lucky or any third party;
3.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
3.1.13. You will not copy, or distribute the Software or other content without written permission from Lucky;
3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Lucky may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Lucky has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.15. You will only use an access point or data account which you are authorized to use;
3.1.16. You agree that the Service is provided on a reasonable effort basis;
3.1.18. You agree to assist Lucky with any internal or external investigations as may be required by Lucky in complying with any prevailing laws or regulations in place; and
3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Lucky or any other party as a result of your breach of this Agreement.
3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:
3.2.1. If applicable, you possess a valid driver’s license, and for LuckyCar service, a public vehicle service license (“PSV License”) and have obtained an e-hailing vehicle permit (“EVP”) in order to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;
3.2.2. If applicable, you own, or have the legal right and authority to operate, the vehicle or motorcycle, (“Vehicle”)which you intend to use when accepting Users, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;
3.2.3. If applicable, you will use the appropriate road safety equipment, as required by applicable laws (e.g. helmet);
3.2.4. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger delivery service;
3.2.5. If applicable, you possess a valid policy of private vehicle insurance and e-hailing insurance (in industry-standard coverage amounts) to operate the Vehicle as required by the relevant authorities and any other applicable regulation for the operation of the vehicle. You shall ensure your e-hailing insurance covers any and all anticipated and unforeseeable losses in relation to damages to the Vehicle, any claims, personal injury and death of Users, as well as third party coverage whilst operating as an Third Party Provider. You shall ensure that your e-hailing insurance is purchased and effective on or before 12 July 2019 and a copy of the same shall be submitted to Lucky;
3.2.6. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;
3.2.7. You shall obey all local laws related to the operation of a taxi/passenger delivery service and will be solely responsible for any violations of such local laws;
3.2.8. You shall not contact Users for purposes other than in connection with the Service;
3.2.9. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Lucky, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application
3.2.10. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
3.2.11. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.2.12. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Lucky’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Lucky reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
3.3. If you are a User, you further represent, warrant / undertake that :
3.3.1. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;
3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
3.3.3. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the third party transportation provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;
3.3.4. You shall not contact the Third Party Provider for purposes other than the Service;
3.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;
3.3.6. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
3.3.7. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
3.3.8. You acknowledge and agree that only one (1) account can be registered on one device;
3.3.9. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
3.3.10. You agree that Lucky may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.
5. License Grant and Restrictions
5.1.Lucky and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Lucky and its licensors.
5.2. You shall not:
5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
5.2.2. modify or make derivative works based on the Application and/or the Software;
5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;
5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
5.2.6.post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
5.2.7.remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
5.2.8.use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
6.1 Payment Terms for Third Party Providers (Drivers/Delivery Partners)
6.1.1 Any fees which Lucky may charge you for the Service are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by Lucky from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT LUCKY MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.
6.1.3 Lucky retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold Lucky liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
6.1.4 Lucky may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. Lucky may change the Service Fee at any time at its sole discretion.
6.1.7 You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Driver’s Cash Balance at any time is RM1,500.00. Balance may be added in any manner prescribed by Lucky from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).
6.1.8 Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. Lucky may receive interest on amounts that Lucky holds on your behalf. You agree to assign your rights to Lucky for any interest derived from your Credits.
6.1.9 Driver’s Wallet: Where available, Drivers will be provided with a stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver’s Cash Balance pursuant to clause 6.1.4 above, as well as make payments, remittances and transfers of funds to other Users.
6.2 Payment Terms for Users:
6.2.1 Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
6.2.3 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.
7.1 For Third Party Providers:
7.1.1 The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of Lucky.
7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Lucky reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
7.2 For Users:
7.2.1 You may cancel your request for transportation services at any time before you commence your ride with the Third Party Provider that has been matched with you by the Service.
7.2.2 If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Lucky may notify from time to time via the Cancellation Policy on Lucky’s website.
7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact Lucky via the Help Centre on Lucky website for assistance. Lucky reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or such other method as is deemed reasonable by Lucky, for cash payments.
8. LuckyRewards Loyalty Programme for Users
8.1 If you are a User using the Application, you will automatically be a member of the loyalty programme named “LuckyRewards Loyalty Programme” operated by Lucky and/or its affiliate companies.
8.2 The terms of the LuckyRewards Loyalty Programme will be governed via the https://www.Luckycar.app/privacy-legal website.
9.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.
9.2. Every rating will be automatically logged onto Lucky’s system and Lucky may analyse all ratings received. Lucky may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
10.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.
11. Repair and Cleaning Fees for Users
11.1.1 from you in cash, in the event a request for repair or cleaning request by the Third Party Provider has been verified by Lucky.
12. Intellectual Property Ownership
13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Lucky to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
13.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
14.1. You shall maintain in confidence all information and data relating to Lucky, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Lucky (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Lucky, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Lucky’s prior written consent, disclose such information to any third party nor use it for any other purpose.
14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
14.2.1. was at the time of receipt already in your possession;
14.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
14.2.3. was received from a third party having the right to disclose it; or
14.2.4. is required to be disclosed by law.
15. Data Privacy and Personal Data Protection Policy
15.3. You acknowledge that Lucky may disclose Personal Data of other individuals to you in the course of your use of Lucky’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Lucky, and not for any other unauthorized purposes.
16. Third Party Interactions
16.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
18. Disclaimer of Warranties
18.2. Lucky makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Lucky in respect of the same.
19. Internet Delays
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. LUCKY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
20.1 Notwithstanding any other terms in the Agreement, and in our effort to ensure a seamless ride experience for you in the event of the Application becoming unavailable, Lucky has introduced ‘LuckyLite’. LuckyLite is a basic version of the Application which allows you to continue to make bookings during a downtime of the Application. In the event of a downtime, the Application will automatically switch to the LuckyLite version using a web-based version, LuckyLite will have some differences in its features and application compared to the Application. The following are the differences that you should be aware of:-
20.1.1. All bookings will be available for booking.
20.1.2. Approximate Fares. A ride booked via LuckyLite shall have approximate fare only irrespective of the type of transport / vehicles. The approximate fare will be shown on the LuckyLite Application after you have keyed in your location and destination.
20.1.3. Cash Payment Only. As a stripped-down version of the Application, rides made via LuckyLite shall be paid by cash only. LuckyLite is unable to accept payments by credit cards. By continuing with the booking, you hereby acknowledge and agree that you accept the approximate fare.
20.1.4. Manual Key-In. You are required to manually key-in your pick-up location and destination.
20.1.5. Number Masking. Under LuckyLite, there will be no number masking. This means that your number will be available to the Service Providers. By continuing to confirm the booking, you hereby acknowledge that you understand and agree to this condition.
20.1.6. No LuckyRewards Points. Any ride booked via LuckyLite will not be entitled to any LuckyRewards Points.
20.1.7. No Chat Function. The chat function in LuckyLite will be disabled. Therefore, the only means of communication with the Service Providers will need to be conducted via calls.
20.1.8. Other Stripped Down Functionalities. As a stripped-down version of the Application, LuckyLite will not show the estimated time of arrival of your booking. Any promos that are running when LuckyLite is activated will not be eligible to be used and you will not be able to tag your ride as ‘Business ride’.
21. Limitation of Liability
21.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST LUCKY BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. LUCKY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:
21.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
21.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
21.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
21.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,
EVEN IF LUCKY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2. LUCKY DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE LUCKY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
21.3. LUCKY WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH LUCKY, LUCKY CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE LUCKY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
21.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO USERS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
22.1. Lucky may give notice through the Application, electronic mail to your email address in the records of Lucky, or by written communication sent by registered mail or pre-paid post to your address in the record of Lucky. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Lucky (such notice shall be deemed given when received by Lucky) by letter sent by courier or registered mail to Lucky using the contact details as provided in the Application.
24. Dispute Resolution
27. No Waiver
28. Entire Agreement
28.1. This Agreement comprises the entire agreement between you and Lucky and supersedes any prior or contemporaneous negotiations or discussions.
29. Suspension and Termination
29.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
30. No Third Party Rights or Assignment
This agreement does not give rights to any third parties who are not party to this Agreement.
2. Lucky for Business
2.1 Provision of Services
2.1.1 Access to Services:
2.2 Active Account Required
2.3 User Account Linking
2.3.1 To enable Lucky for Business features for a Proposed User with an Active Account, you shall provide Lucky with (i) such Active Account holder’s full name, (ii) the Active Account holder’s company email address on the top level domain of Corporate User (e.g., email@example.com), and (iii) other identifying information about the Active Account holder as reasonably requested by Lucky (“Linking Data“). Lucky will use the Linking Data provided for the purpose of authenticating the identified Active Account holder and linking such Active Account with the Lucky for Business account to establish the Active Account holder as an Authorised User, and verifying the status of such Authorised User from time to time during the term of this Agreement. All Proposed Users invited to enable Lucky for Business features will receive an email to the email address in the Linking Data with instructions for linking their individual Active Account with Corporate User Account for Corporate Billing. Upon the linking of the Corporate User Account to an Active Account and where Corporate Billing apples, such Proposed User shall be provided the option, on a ride by ride basis, to apply User Charges to your Corporate User Account via the Corporate Billing option.
2.3.2 You acknowledge that the verification and linking described above will require Lucky to contact each such Proposed User using the Linking Data, and by providing Linking Data, you confirm that you have obtained all necessary consents from each Proposed User for Lucky to contact such Proposed User for the purpose of implementing the Lucky for Business account in the applicable Active Account. You shall ensure that Linking Data provided to Lucky is accurate and complete, and Lucky shall not be liable to you, an Authorised User, a Proposed User or any other party with respect to inaccurate or incomplete Linking Data supplied by you.
2.3.3 You agree to (i) notify each Proposed User that by linking Proposed User’s personal Active Account with your Corporate User Account for Lucky for Business that Lucky will provide you with detailed trip/ booking information for the rides or other bookings charged to your account, and (ii) obtain any necessary consent from each Authorised User for Lucky to share detailed trip/booking information with you.
2.3.4 An Authorised User’s personal account may be unlinked from your account and the Corporate Billing option at any time by (i) you unlinking the Authorised User through the Portal.
2.4 Responsibility for User Account Activity
2.6 Account Administration
2.6.1 Lucky for Business Portal
You will be provided with access to the Portal. Lucky’s primary contact with you shall be by way of your appointed administrator set forth on the account creation form associated with this Agreement (“Company Admin“).The Portal may enable you to (a) view a current list of all Proposed Users who have been invited, and Authorised Users who have been linked, (b) provide additional Linking Data to invite additional Proposed Users, (c) revoke any Authorised User’s access to Corporate Billing (d) view relevant trip/booking information as determined by Lucky from time to time (“Portal Data“) and prepare and review activity reports using Portal Data, (e) disable all current Authorised Users from using Corporate Billing Methods, (f) manage and update the on file, (g) view current, appoint new, and remove Company Admins. You agree to use Portal Data solely for legitimate business purposes including, but not limited to, business expense processing, accounting, and budgeting purposes. Lucky reserves the right to add, remove and update features and functionality of the Lucky for Business Portal at any time without any notice to you.
2.7 Fees and Payments
In consideration of the provision of the Solution and Platform provided by Lucky, including Corporate Billing, Lucky may charge a service or administration fee (the “Fees”) as determined by Lucky from time to time. You shall pay to Lucky all User Charges and the Fees on the terms set forth below.
2.7.2 Payment Terms
Subject to terms and conditions determined by Lucky in its sole discretion, you will be able to access monthly reports (each, a “Monthly Report“) for User Charges incurred by Authorise Users utilising Corporate Billing during the preceding month (“Monthly Billing“). If you qualify for and elect to participate in Monthly Billing through the Portal, User Charges and Fees shall be billed to you monthly as set forth in the Monthly Report, and each such Monthly Report shall be payable in full by you within thirty (30) days from the date of such Monthly Report.
If you have not enabled Corporate Billing and instead you have opted for a Reimbursement or corporate credit card method of payment, Lucky shall charge the Authorised User for User Charges at the end of each Authorised User’s trip/ booking on a per trip/booking charge basis via the payment methods selected by the Authorised User.
All Fees shall be exclusive of Value Added Tax (VAT). VAT includes Goods and Services Tax (GST) and/or similar sales taxes. If VAT is chargeable on any Fees, you shall pay the VAT amount to Lucky when making payment of the Fees. Fees paid shall be paid free of any deduction for withholding tax (if applicable).
For the purpose of clarity, all payments shall be made by you to the Lucky entity that is stated in the Lucky for Business account sign-up page on https://www.LuckyCar.app/business.
Lucky reserves the right to immediately suspend your account and suspend any or all Corporate Billing by all Authorised Users in the event of any unpaid User Charges and/or Fees by you due to past due Monthly Reports (as applicable), an invalid credit on your Corporate User account, or a rejected transaction. Lucky further reserves the right to pursue any and all remedies available to it under applicable law, including reporting you to applicable credit reporting agencies, in the event of any unpaid User Charger and/or Fees hereunder. Re-establishing your account after full payment of late User Charges and/or Fees shall be at Lucky’s sole discretion. All late payments shall bear interest at 2% per month or the maximum allowed by applicable law.
2.8 Term and Termination
2.8.1 These terms shall apply from the date of your Corporate User Account creation and shall remain in effect until it is terminated.
2.8.2 Either you or Lucky may terminate this agreement with or without cause upon 30 days’ advance written notice to the other party. All outstanding payment obligations and paragraphs 4.7 to 4.13 of this section shall survive such termination.
2.9 Warranties and Disclaimer of Liability
2.9.2 You further represent and warrant that: (a) you have all rights and permissions necessary to provide Lucky with the Linking Data and any other information provided to Lucky hereunder in connection with the Service and Corporate Billing; (b) you have obtained legally-adequate consent from Proposed Users and Authorised Users as necessary to provide Lucky with any personal data in connection with the Service and corporate payment methods including Corporate Billing, (c) you have notified, and obtained legally adequate consent from, Proposed Users and Authorised Users that Lucky will provide you with detailed trip/booking information for the rides or other bookings charged to your account, and (d) you are in compliance, and shall remain in compliance during the Term, with all applicable local, city, state, federal, national, and international laws, rules and regulations relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security.
2.9.3 OTHER THAN WITH RESPECT TO A BREACH OF CONFIDENTIALITY OR DATA PRIVACY, (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF LUCKY OR CORPORATE USER (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF (I) TEN THOUSAND SINGAPORE DOLLARS (SGD10,000) (OR LOCAL CURRENCY EQUIVALENT THEREOF), AND (II) THE TOTAL FEES PAID OR PAYABLE BY YOU TO LUCKY HEREUNDER.
2.10 Proprietary Rights
2.10.1 No Publicity
Neither party may use or reference the other party’s name, logo, trademarks or service marks in a press release or otherwise without the prior consent of such other party in each instance.
2.11 Force Majeure
Non-performance of either party of any obligations hereunder shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.
Notwithstanding anything contained in this Agreement, either party may assign this Agreement without the consent but with notice to the other party in connection with a merger or a sale of all of the equity or assets of said party. Subject to the foregoing, this Agreement shall be binding upon all successors and assigns of a party.
2.13 Legal Fees
In any legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs of proceedings incurred in enforcing this agreement.