Introduction

QM Innovations Sdn Bhd, a Malaysia based company (“we”), provides users an application known as MyQM which can be accessed through social media platform such as “App Store, Google Play, Huawei App Gallery ” and messenger application system such as “WhatsApp” and “Telegram”, that allows users to access multiple agency services. By using the MyQM, you agree to be bound by the Terms of Use (the “Terms of Use”).

The Terms of Use are a legal agreement between you and MyQM and apply to you when you use the MyQM. You are responsible for reviewing any applicable changes. Please read them carefully. The Terms of Use and the MyQM Privacy Policy, incorporated herein by reference, govern your access to and use of the MyQM.

If you wish to become a user, please read the Terms of Use and indicate your acceptance by following the instructions in the Registration process.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE “Sign Up” BUTTON OR BY USING THE MYQM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHALL NOT ACCESS OR USE THE MyQM AND DELETE YOUR PROFILES. 

1.0 Basic Principles.

Please read all of the Terms of Use carefully. Without limiting any term of the Terms of Use, the following are a few basic principles that apply to your use of the MyQM:

• You must be eighteen (18) years or older to register and use the MyQM. You cannot enter into the Agreement if you are below eighteen (18) years old;
• If your MyQM’s account is terminated for any reason, you may not create another MyQM’s account without our express prior written permission to do so. 

2.0 Account Registration and Eligibility.

2.1 Residence; Age Requirement; Authority.

In order to use MyQM, you must be in a country in which we are legally authorized to operate the MyQM and be at least 18 years of age. 

You represent that:

(i) you have read and understood, and that you agree to be bound by, this Agreement, and

(ii) you are at least 18 years old. 

If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the MyQM.

2.2 User Registration.

To use any aspect of the MyQM and become a “User”, you must register through the MyQM, and provide certain information including your name. To use additional features, you will need to provide additional information, including but not limited to, your email address, phone number, etc.

All of the registration information you provide to MyQM is referred to as your “Account Information”. You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. MyQM will use your Account Information in accordance with its privacy policy. When registering on the MyQM will document your mobile device using an identifier (“User ID”) assigned by MyQM. This is a number different from your unique user identification (such as “UDID”) or phone number. Your User ID will be used to provide you with access to your content while using MyQM through a web browser as well.

By providing the MyQM with access with the relevant information, you consent to MyQM to send you MyQM’s related notices on your messenger app through push notification, including among other things notices required by law, in lieu of postal mail. You may not opt out of MyQM’s related message sent through the MyQM. We may also use the MyQM to send you other messages, including information about the MyQM and special offers. To end notification and messaging to you through the MyQM, you must inform MyQM of your intention. 

3.0 The contract is concluded

You understand and agree that you have selected and used our services through the MyQM Ride platform, which is deemed to be acceptance of this User Agreement and pursuant to this Agreement to enter into an agreement with and use the above services.

4.0 Service use

4.1 You can book a car service via the MyQM Ride platform. MyQM Ride platform will match your booking needs with available drivers.

4.2 Our company will make reasonable efforts to get your service. But is subject to the availability of  service at the location and time where you requested the service.

5.0 Guarantees and Commitments

5.1 You warrant that the information you provide to us is true, accurate and complete. We have the right to verify the information you provide and to refuse to provide you with any reason without any reason Or refuse to use the relevant website, service, application.

5.2 Your use of our company or MyQM Ride platform means that you agree to the following:

• You travel for your personal use to use the service or download the application and will not resell it to a third party; 
• You will not use services or applications to harass, prevent or cause inconvenience;
• You will not apply a service or application to an unlawful purpose, including but not limited to sending or storing any illegal information or for fraudulent purposes;
• You will not affect the normal operation of the network; you will not attempt to endanger the service or application services; you will provide proof of identity when we make a reasonable request; you will comply with the country and your use of the application or service All applicable laws of the country, province, province and city.

5.3 If you violate any of the above terms, we reserve the right to terminate your service immediately and refuse to use the relevant website, service, and application.

6.0 Payment Terms and invoice

6.1 You agree and acknowledge the relevant service price criteria for the current or future updates of the MyQM Ride platform, and you can view the prices of the services on the website or on the MyQM Ride platform. These prices may be updated at any time.

6.2 You should pay the fee in accordance with the MyQM Ride platform after using the service. The Company has the right to refuse to continue to use the service, and you acknowledge and agree that we have the right to submit your breach of information to the third party credit institution as the case may be.

7.0 Cancellation and Refund

7.1 You may cancel your request for transportation services at any time before you commence your ride with the Driver that has been matched with you by the Service.

7.2 If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee as MyQM may notify and update from time to time .

7.3 If you feel you were incorrectly charged, you may contact us via email; info@myqm2u.com. MyQM reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for service, or such other method as is deemed reasonable for cash payments.

7.4 MyQM Ride do not offer refunds after the service has been rendered.

8.0 Complaints

8.1. Any complaints between Users and Drivers must be taken up with each other directly.

8.2. Please contact our customer service if you have any questions or feedback in relation to the Platform.

9.0 Repair and Cleaning Fees for consumers 

Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Driver’s property as a result of your misuse of the Service or breach of the Terms of Service herein. MyQM may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Driver via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Driver has been verified by MyQM.

10.0 Privacy Policy

It is important that you read and understand the terms of MyQM’s Privacy Policy. MyQM may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the MyQM.

11.0 Security.

The MyQM may use technology to protect the digital information shared through the MyQM from unauthorized use for several features, including, but not limited to, the Chat function. Your use of the MyQM may be limited by such technology. Further, you acknowledge that such security features may not be impermeable. You acknowledge that, from time to time, MyQM may modify or discontinue using such technology. Security modifications made by MyQM may from time to time include required updates to the MyQM. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

12.0 Termination.

Without limiting other remedies, MyQM may at any time suspend, terminate, or refuse to provide you with access to the MyQM. If MyQM terminates, disables or suspends your access to the MyQM for any reason your will not create another MyQM account without first receiving MyQM s express written permission to do so.

MyQM may notify authorities or take any actions it deems appropriate, without notice to you, if MyQM suspects or determines, in its own discretion, that you may have or there is a significant risk that you have

     (i) failed to comply with any provision of the Terms of Use or any policies or rules established by MyQM; or

     (ii) engaged in actions relating to or in the course of using the MyQM that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, MyQM, any other third-parties, or the MyQM. 

Without limiting any other terms of the Terms of Use, you may stop using the MyQM and delete your Account Information at any time by uninstalling the from your mobile device and not accessing your account through a web browser. 

After any termination, you understand and acknowledge that we will have no further obligation to provide the MyQM. Furthermore, all licenses and other rights granted to you by the Terms of Use will immediately cease. MyQM will not be liable to you or any third-party for termination of the MyQM or termination of your use of either. Upon any termination or suspension, any content, materials or information that you have submitted via the MyQM will no longer be accessible by you via the MyQM thereafter.

Any suspension, termination or cancellation will not affect your obligations to MyQM under the Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. 

13.0 Links to Third Party Websites and Services.

The MyQM, and communications sent through the MyQM, may contain links to or information regarding third-party websites or resources, you acknowledge and agree that MyQM is not responsible or liable for:

     (i) the availability or accuracy of such websites or resources; or

     (ii) the content, products, or services on or available from such websites or resources.

You acknowledge that you are subject to the terms and conditions of such Third-Party resources when you use their services enabled or accessible through the MyQM. Further, links to such websites or resources do not imply any endorsement by MyQM of such websites or resources or the content, products, or services available from such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your dealings with, or participation in promotions of any third-party advertisers via the MyQM are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that MyQM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties (Seller) via the MyQM.

14.0 Disclaimers.

EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS: 

The MyQM (including any software contained therein) and any upgrades or plug-ins are licensed to you “as is.” Any use of the MyQM will be at your own risk. To the maximum extent permitted by applicable law, MyQM disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. MyQM makes no representations or guarantees that the MyQM will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and MyQM disclaims any liability relating thereto.

MyQM makes no guarantees, representations, or warranties that use or results of the use of the MyQM will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, MyQM may modify, suspend, or discontinue the MyQM (including any content) or your use of them. Whenever MyQM elects to modify, suspend, or discontinue the MyQM, it will not be liable to you or any third party.

You acknowledge that your submission of any information to us is at your own risk. MyQM does not assume any liability to you with regard to any loss or liability relating to such information in any way. Some of the content, products, and MyQM available through the MyQM may include materials that belong to third parties. You acknowledge that MyQM assumes no responsibility for such content, products or MyQM. No advice or information, whether oral or written, obtained from MyQM or through the MyQM will create any warranty not expressly made herein.

MyQM is not responsible for any incorrect or inaccurate content exchanged through the MyQM. MyQM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any MyQM or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the MyQM. Under no circumstances shall MyQM be responsible for any loss or damage, including personal injury or death, resulting from use of the MyQM or from any content therein, whether online or offline.

15.0 Limitation of Liability.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the MyQM and any content therein remains with you. Neither MyQM nor any other party involved in creating, producing, or delivering the MyQM will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or MyQM, arising out of or in connection with these terms of use or from the use of or inability to use the MyQM or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MyQM has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that MyQM is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

16.0 Indemnity.

You will indemnify and hold MyQM, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use of the MyQM.

17.0 General.

17.1 Entire Agreement.

The Terms of Use (including the Privacy Policy) constitutes the entire and exclusive understanding and agreement between MyQM and you regarding the MyQM, and the Terms of Use supersede and replace any and all prior oral or written understandings or agreements between MyQM and you regarding the MyQM.

17.2 Assignment.

You may not assign or transfer the Terms of Use, by operation of law or otherwise, without MyQM’s prior written consent. Any attempt by you to assign or transfer the Terms of Use, without such consent, will be null and of no effect. MyQM may freely assign the Terms of Use. Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

17.3 Notices. 

You consent to the use of: (i) electronic means to complete the Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to the Terms of Use or your use of the MyQM. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms of Use, will be in writing and given by posting to the MyQM.

17.4 Controlling Law and Jurisdiction.

This Agreement will be governed by the laws of the Malaysia, without regard to conflicts of law’s provisions thereof. Except as expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with MyQM or relating in any way to your use of the MyQM will be in the state and federal courts of Malaysia and the venue for the adjudication or disposition of any such claim, action or dispute will be in the Asian International Arbitration Centre (Malaysia) (“AIAC”) in Kuala Lumpur.

17.5 Waiver.

The failure of MyQM to enforce any right or provision of the Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MyQM. Except as expressly set forth in the Terms of Use, the exercise by either party of any of its remedies under the Terms of Use will be without prejudice to its other remedies under the Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Use will remain in full force and effect. 

18.0 Contacting MyQM.

If you have any questions about the Terms of Use, please contact MyQM at info@myqm2u.com.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.