These terms of service constitute a legally binding agreement (the “Agreement”) between you and DIFF Global Solutions Sdn Bhd (“diffride,”,”DIFF”, “we,” “us” or “our”) governing the use of the diffride application, website and technology platform.
By using this Service, you agree that to have read, understood, accepted and agreed to the Terms and Conditions, conditions stated in the Driver’s Registration Form and the Driver’s Code of Conduct. You further agree to the representations made below. In the event of disagreement or fall within the Terms and Conditions of the Service (as defined below) and wish to cease to use the Service, please do not carry on using this Application or Service.
The Terms and Conditions stated herein (collectively referred to as “Terms and Conditions” or this “Agreement”) form a legal agreement between you and diffride (the “Company”). In order to use the Service (each as defined below) you must concur to the Terms and Conditions that are set out below. By using the mobile application made available to you by the Company
(the ”Application”) and downloading, installing and/or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable person(s) seeking transportation services to a designated destination to be matched with third party transportation providers, drivers and vehicle operators (collectively known as the “Service”), you hereby expressly and/or impliedly acknowledge and agree to be bound by the Terms and Conditions and any future amendments and additions to this Terms and Conditions as published from time to time at http://www.diff.com/ , www.diffride.com/ and/or through the Application platform.
The diffride Platform provides a marketplace where riders who seek transportation to certain destinations can be matched with drivers. Drivers and riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the diffride Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such individuals.
The Company has the right to modify, vary and/or change the Terms and Conditions of this Agreement and/or its policies relating to the Service at any time as it deems fit. Such modifications, variations and/or changes to the Terms and Conditions policies shall be effective upon the posting of an updated version at http://www.diff.com/. It is your responsibility to review this Agreement regularly whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
The company is not a transportation provider or a taxi operator. It is a technology company that does not provide and/or engage in transportation services. It is up to the third party transportation providers to offer transportation services to you and it is up to you to accept such transportation services. The service of the company is to link you with such third party transportation providers, but does not nor is it intended to provide transportation services or any act that can be regarded in any way as an act of a transportation provider. The company is neither responsible nor liable for the acts and/or omissions of any third party transportation provider and/or any transportation services provided to you.
1. Representations and Warranties
By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. Including, without limitation, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to accept by the Terms and Conditions. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole and personal use. You are not to authorize others to use your identity and/or user status and you may not assign or otherwise transfer your user account to any other person(s) or entity/(ies). When using the Service you agree to meet with all applicable laws of the Territory.
You may only access the Service using authorized and/or legal means. It is your responsibility to inspect and ensure that you download the correct version for your device. The Company is not liable if you do not have a compatible handset and/or if you have downloaded the wrong version of the Software for your mobile phone. The Company reserves the right to terminate this Agreement should you be using the Service with an incompatible and/or unauthorized device or for purposes other than which the Application or Software is intended to be used.
By using the Software or the Application, you agree that:
- You will only use the Service for lawful purposes;
- You will only use the Service for the purpose for which it is intended to be used;
- You will not use the Application for sending and/or keeping any unlawful, material or for fraudulent and/or illegal purposes such as rioting, theft, robbery, rape, kidnapping and any other act deemed illegal by the laws of the Territory;
- You shall not transport and/or cause to transport any illegal substance(s) under the Dangerous Drugs Act 1952, weapons deemed illegal under the Akta Bahan Kakisan dan Letupan and/or any other relevant laws in the relevant Territory;
- You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience and/or make fake bookings;
- You will not use the Service, the Application and/or the Software for purposes other than getting the Service;
- You shall not contact the third party transportation provider directly for purposes other than the Service;
- You will not hinder the proper operation of the network;
- You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
- You will not try to interfere the Service, the Application and/or the Software in any way whatsoever;
- You will not copy, distribute the Software and/or other content without the written consent from the Company;
- You will only use the Software and/or the Application for your own use and will not offer for sale to a third party;
- You will keep secure and confidential your account password or any identification provided to you by the Company which allows access to the Service;
- You will provide the Company with proof of identity as it may reasonably request or require at any material time;
- You acknowledge and agree that only one (1) account can be registered on one (1) device;
- You agree to provide true, accurate, current and complete information as required for the Service and personally undertake the responsibility to maintain and update your information within forty eight (48) hours of such change in the said information(s) is within your knowledge during the period of this Agreement.
- You agree that the Company may rely on your information as accurate, current and complete at all material time. You acknowledge that if your information is untrue, inaccurate, not current and/or incomplete in any respect, the Company has the sole discretion to terminate this Agreement and your use of the Service at any time without notice;
- You will only use an access point or data account which you are authorized to use;
- You shall not employ any means to defraud the Company or enrich yourself through any means whether fraudulent or otherwise through any event, promotion, roadshow and/or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
- You are aware that when requesting transportation services by SMS or use of the Service standard telecommunication charge(s) will apply;
- You shall not impair and/or bypass the proper operation of the network which the Service operates on;
- You agree that the Service is provided on a reasonable effort basis; and
- You agree that the fares may differ depending on the location, time and/or toll charge(s);
- You agree that prices may fluctuate for credit card and or debit card usage;
- You agree that the Company may increase or decrease the base fares without notice;
You may choose to pay for the transportation services by cash and where available by credit card and/or debit card (“Card”) wherein 5% service charge is chargeable for each and every transaction and an additional 1.8-2% is chargeable for credit card payments;
- In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card that is registered under your name in accordance to the instructions within the Application;
- In the event the Card belongs to another person, you are hereby obligated and subsequently agree that you have obtained him/her permission and/or consent to use the Card for the payment of the transportation services;
- You acknowledge that the Company may verify, authorize or unauthorized your Card details at any material time as it deems fit and/or reasonable;
- You acknowledge that the Company may issue a reasonable authorization hold, in order to verify payment method via your Card;
- You will be liable for any additional charges if your payment by your Card is processed overseas;
- When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee at the end of each journey and to be paid to the third party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
- Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider for cash payments;
- All payments are non-refundable
- Any complaints and/or dispute related to the transportation service provided by the driver have to be resolved between the rider and driver.
- You hereby agree to cooperate with any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
- You shall be responsible to resolve any disputes with your Card Company on your own.
- Peak hour jobs and transactions shall be subjected up to a 15% surging charge by the company. The principle of demand and supply shall be applicable in the decision of what constitutes a peak hour/surging. The sole discretion and/or decision of the determination of peak hour, surging and/or percentage of payment shall be solely with the Company at all times.
3. diffride e-Wallet
We would have a module called Wallet, passengers can top up this module to use diffride e-wallet payment for the ride, for example, parents could fill up their children’s’ e-wallet to use the service. There is an absolute understanding the RM1.00 is equivalent to 1 diffride credit. In order for the Wallet to be useable, the wallet shall contain a minimum of 30 credit, otherwise it shall be topped by the user wherein there shall be 30 credit (after deducting the current transaction that s/he wishes to make).
- You may purchase pre-paid credits (“diffride e-Wallet”) for transportation services using the diffride platform.
- You may purchase diffride e-Wallet through any of the methods as may be made available and/or introduced on the Application and/or Software from time to time. Selecting a particular payment method implies agreement from your end to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
- The Company may at its sole and absolute discretion reject your request to purchase diffride e-Wallet Credit for any reason whatsoever, including without limitation, where your proposed diffride e-Wallet Credit purchase:
- would cause the aggregate amount of stored value held by the Company, directly or indirectly, alone or together with any person over whom the Company has control or influence, to exceed any value permitted under the prevailing laws and regulations
- The diffride e-Wallet Credit will have expiry date set from the date of your last purchase or spend. Any variation to this shall be updated on the Company’s website and/or Application platform.
- The diffride e-Wallet Credit is not exchangeable for cash nor are they refundable under any circumstance(s). It shall not be resold, exchanged and/or transferred for value under any circumstance(s). The diffride e-Wallet Credit shall not be regarded, seen, or used as valuable or exchangeable instruments under any circumstances.
- You will not receive interest and/or other earnings on your diffride e-Wallet Credit. On the amount that you buy under diffride e-Wallet, the Company may receive interest on your behalf. You agree to assign your rights to the Company for any interest derived from your diffride e-Wallet Credit.
- You are responsible to ensure that you have sufficient diffride e-Wallet Credit to pay for the transportation services. You may purchase additional diffride e-Wallet Credit in order to complete your payment for the transportation services if your credits are running low.
- You may check your diffride e-Wallet Credit balance through the Application. The diffride e-Wallet Credit balance set out in the Application shall serve as a conclusive evidence of your diffride e-Wallet Credit balance.
- In the event of any error in transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the credits (up to the disputed amount) from your diffride e-Wallet Credit or by any other way it deems fit.
You concur that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further concur to use your best attempts to do everything necessary and needed by the relevant laws to enable, aid and/or defend the Company to declare or verify any input tax credit, set off, rebate or repay in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
5. License Grant & Restrictions
You shall not
- grant any third party any right, permission, license or sub-license with respect to any of the rights granted hereunder without diffride’s prior written permission;
- modify and/or make derivative works based on the Application and/or the Software;
- create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
- reverse engineer or access the Software in order to :
- create a competitive product or service,
- create a product using similar ideas, features, functions or graphics of the Application and/or the Software, or
- imitate any ideas, features, functions or graphics of the Application and/or the Software,
- launch an 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, or unreasonably burdens or hampers the operation and/or performance of the Application and/or the Software,
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way replicate or circumvent the navigational structure or presentation of the Service or its contents;
- post, distribute or replicate in any way any copyrighted material, trademarks or other proprietary information without getting the prior consent of the owner of such proprietary rights;
- remove any copyright, trademark or other proprietary rights notices contained in the Service.
You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to:
- send spam or otherwise duplicative or unsolicited messages;
- send or save infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violate of third party privacy rights;
- send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- hinder with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
- try to gain unauthorized access to the Software and/or the Application or its related systems or networks;
- pretend to be any person or entity or otherwise misrepresent your affiliation with a person or entity; or
- to decline from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
6. Intellectual Property Ownership
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to diffride’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by diffride for your own use or for any purpose other than as contemplated herein. You shall not disclose and/or permit disclosure of any Confidential Information to any third party. You agree to take all measure to protect the secrecy and avoid disclosure or use of Confidential Information of diffride in order to prevent it from being available on any public domain. Notwithstanding the above, you shall not have liability to diffride with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by diffride or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of diffride; becomes known to you, without restriction, from a source other than diffride without breach of this Agreement by you and otherwise not in violation of diffride’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to diffride to enable diffride to seek a protective order or otherwise prevent or restrict such disclosure.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
- was at the time of receipt already in your possession;
- is, or becomes in the future, public knowledge through no fault or omission of you;
- was received from a third-party having the right to disclose it; or
- is required to be disclosed by law.
8.Personal Data Protection
You agree to the Company using and processing your Personal Data for the Purposes intended herein and in the manner as identified hereunder.
For the purposes of this Agreement, “Personal Data” means information about you, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you, including your social media accounts, which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):
- To perform the Company’s obligations in respect of any contract entered into with you;
- To provide you with any services according to the Terms and Conditions herein;
- To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
- Process, manage or verify your application for the Service according to the Terms and Conditions herein;
- To validate and/or process payments according to the Terms and Conditions herein;
- To develop, enhance and provide what is required according to the Terms and Conditions herein to meet your needs;
- To process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein;
- To facilitate or enable any checks as may be required according to the Terms and Conditions herein;
- To respond to questions, comments and feedback from you;
- To communicate with you for any of the purposes listed herein;
- For internal administrative purposes, such as auditing, data analysis, database records;
- For purposes of detection, prevention and prosecution of crime;
- For the Company to comply with its obligations under law;
- To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors and to notify and invite you to events or activities organised by the Company, its partners, advertisers, and/or sponsors;
- To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers,
advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
If you do not agree to the Company processing your Personal Data for any of the above, please notify the Company in writing.
If any of the Personal Data provided changes, for example, should you change your telephone number, payment details or if you wish to terminate your account, a request and/or change should be directed to the support contact details as provided on the Website and/or Application.
The Company will, to the best of its abilities facilitate such changes as requested within fourteen (14) working days of receipt of such notice of change.
By submitting your information you agree to the use of that information as set out in the form of submission and in this Agreement.
9. Third Party Interactions
In addition to connecting passengers with drivers, the diffride Platform may enable users to provide or receive goods or services from other third parties. For example, users may be able to use the diffride Platform to order a delivery of goods, purchase a digital item, request a carpool ride from a commuter going in your direction, or when travelling outside of Malaysia, to connect with local transportation platforms and request rides from local drivers (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the diffride Platform, you authorize diffride to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that diffride is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the diffride Platform.
10. Repair or Cleaning Fees
You will defend, indemnify, and hold diffride including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the diffride Platform and participation in the Services, including:
(1) your breach of this Agreement or the documents it incorporates by reference;
(2) your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party;
(3) any allegation that any materials that you submit to us or transmit through the DIFF Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
(4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
(5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
12. Disclaimer of Warranties
The services are provided “as is” and “as available.” diff disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, diffride makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Diff does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. All conditions, representations and warranties, whether express, implied, statutory or otherwise,
Including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third party transportation services obtained by or from third parties through the use of the service, application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the service, and any third party services, including but not limited to the third party transportation services remains solely and absolutely with you and you shall have no that the entire risk arising out of your use of the service, and any third party services, including but not limited to the third party transportation or other services and products remain solely and absolutely with you and you shall have no recourse whatsoever to the company.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the services. Your mobile network data and messaging rates and fees may apply if you access or use the services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates thereto. diffride does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Limitation of Liability
diffride shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active or concurrent) of diff, even if diff has been advised of the possibility of such damages.
diffride shall not be liable for any damages, liability or losses arising out of:
- your use of or reliance on the services or your inability to access or use the services; or
- any transaction or relationship between you and any third party provider, even if diff has been advised of the possibility of such damages. diffride shall not be liable for delay or failure in performance resulting from causes beyond diffride’s reasonable control. You acknowledge that third party providers providing transportation services requested through some request products may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.
The services may be used by you to request and schedule transportation, goods, or logistics services with third party providers, but you agree that diff has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms.
diffride may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the application.
The agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
The seat and venue of the arbitration shall be in Kuala Lumpur with English as the main method of expression and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. This Agreement sets forth the entire understanding and agreement between you and diffride with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
You hereby agree that the Company is entitled to terminate this Agreement immediately if you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to repay, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement.