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TERMS & CONDITIONS

Last updated on 7 March 2022

1.             The Platform

1.1           This Agreement is between Cycle & Carriage Leasing Pte Ltd (“myCarriage”) and you (“Member”) and sets out the Terms of Use governing your use of the Platform to rent and use the vehicles listed on the Platform (the “Services”). If you are using and/or accessing the Platform and/or using Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use.

2.             Membership

2.1           In order to use the Platform, you are required to sign up as a Member by creating an account on the Platform.

2.2           The Member must provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update his information in a timely manner to keep it accurate, current and complete at all times. The Member agrees that myCarriage may rely on such information as accurate, current and complete. The Member acknowledges that if such information is untrue, inaccurate, not current or incomplete in any respect, myCarriage has the right to terminate the Member’s use of the Service at any time with or without notice.

2.3           In order to use the Services, the Member shall link a valid credit card or debit card to its Member account (the “Credit Card”) and ensure that the card remains valid and acceptable. If the Credit Card expires, is lost or stolen or is otherwise invalidated, or if the Member is not authorised to use the Credit Card that has been linked to the account, or if the account associated with the Credit Card is suspended, terminated or otherwise not available for myCarriage to charge, the Member agrees to promptly provide an alternative valid credit card. The Member is permitted to link more than one Credit Card to the account. There must be a minimum of one Credit Card maintained in each Member account for as long as the membership is active. In the event that the Credit Card linked is not in the Member’s name, the Member hereby represents and warrants that it has the requisite authority from the named cardholder to use the Credit Card.

2.4           The Member authorises myCarriage to charge the Credit Card for all Rental Charges and other payments due and payable by the Member to myCarriage under this Agreement, including but not limited to those set out in Clause 4.

2.5           myCarriage may make any inquiries it considers necessary (including requesting a consumer report on any Member from consumer reporting agencies) in connection with any Booking and for any other lawful purpose (including credit card validations, creditworthiness checks with credit bureaus, credit holds and collections on the Members account).

2.6           The Member is wholly responsible for the security of his membership and account with myCarriage. The Member must use a strong password for his login account and guard its account against unauthorised usage. As it is possible to gain access to Member’s myCarriage membership or account through the Member’s email or computing device such as smartphone, the Member must also exercise necessary care to protect these access points against unauthorised access and usage. If myCarriage suffers a loss due to the Member’s action or inaction to guard the use of his account by unauthorized users, the Member shall be wholly responsible for the losses suffered by myCarriage. If a Member suspects his account is compromised, he must inform myCarriage immediately. Such notification does not absolve the Member’s responsibility for any and all losses of myCarriage.

2.7           We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where we believe that you have violated or acted inconsistently with any terms or conditions set out herein.

3.              Booking

3.1           A Member may make a Booking up to three (3) months in prior to the Start Date.

3.2           The minimum and maximum rental period per Booking is one (1) day and thirty (30) days respectively, and the Start Time and End Time shall fall within myCarriage’s normal operating hours.

3.3           During the Rental Period, the Member may login to opt to extend the Rental Period, subject to the Vehicle’s availability and payment of the extension fees which will be based on the Vehicle’s hourly rental rate. Such extension fees shall be charged by the hour and not part thereof.

3.4           Barring any successful extension of the booking prior to the End Time, a 30-minute grace period after the End Time will be accorded for the return of the Vehicle. The same grace period applies where the collection service is provided by myCarriage. In the event that the Vehicle is not returned after the expiry of such grace period, it will be deemed a late return for which the Member will be liable to pay further rental on the Vehicle from the end of the grace period up to the point of the Vehicle’s return, and a S$50 administrative fee.

3.5           myCarriage reserves the right to assign any vehicle, in accordance with stock availability, as a replacement if the booked Vehicle becomes unavailable or damaged or breaks down before or during the Rental Period.

3.6           A Booking can be cancelled at any time after a Booking is confirmed, subject to the payment of cancellation charges by the Member as described in Clause 4.6.

3.7          myCarriage reserves the right not to honour Bookings or rates that are displayed in error.

4.             Rental Charges, Other Payments and Refunds

4.1           All rates on the Platform are quoted in Singapore dollars.

4.2           The Member shall punctually pay without demand the full Rental Charge and any additional charges (if any) in advance via credit card at the point of making a Booking.

4.3           The Parties acknowledge and agree that the Rental Charge includes, with respect to the Vehicle:

4.3.1        road tax;

4.3.2        the motor insurance coverage taken out by myCarriage in respect of the Vehicle (“Commercial Insurance Coverage”);

4.3.3        add-ons opted by the customer; and

4.3.4        delivery or pickup service charges.

4.4           The Parties further acknowledge and agree that, unless specified otherwise, the Rental Charge excludes the following (all of which shall be the sole responsibility of the Member):

4.4.1        the excess payment required under the Commercial Insurance Coverage in respect of the Vehicle in the event of an accident, and any damage, repair or liability that is not covered by such Commercial Insurance Coverage;

4.4.2        costs incurred in operating and using the Vehicle;

4.4.3        fuel costs;

4.4.4        parking charges, parking and traffic fines, electronic road pricing charges, toll fees and taxes, levies, fees and imposts imposed by any authority relating to the Vehicle or arising from the use of the Vehicle (and the non-payment or late payment thereof). In the event that myCarriage is required to pay such charges, the Member shall, reimburse myCarriage these amounts;

4.4.5        costs of rectifying any damage to the Vehicle arising in the course of the Member’s operation, custody, control or possession of the Vehicle, including any pursuant to a breach of Clause 6.1;

4.4.6        myCarriage’s recovery costs for any Vehicle that is impounded, towed, and/or disabled through wheel clamp or any other means during the Rental Period, for which the Member shall reimburse myCarriage; and

4.4.7        administrative fees.

4.5           The Member shall ensure that upon returning the Vehicle to myCarriage, the Vehicle’s fuel tank is refilled to its original level as at the Start Time. In the event that the Member opts for Vehicle pick-up or delivery services offered by myCarriage, the Member shall bear the cost of any parking fees, additional waiting time and fuel consumed by myCarriage in the course of providing such pick-up or delivery services.

4.6           In the event that a Booking is cancelled by the Member prior to the Start Time or during the rental period, the Member shall pay the following cancellation charges by way of liquidated damages:

Before the Start Time Fees
>48 hours0
24 to 48 hours50% of Rental Charge
<24 hours or No Show100% of Rental Charge


4.7          
Should the following events occur during the Rental Period, the Member shall pay to myCarriage the following charges:

EventCharges 
Upon the Vehicle’s return, the fuel tank was not filled to original level as at Start TimeReimbursement plus S$15 service fee
Parking charges, parking and traffic fines, electronic road pricing charges, toll fees and taxes, levies, fees etc.Reimbursement plus S$20 administrative fee
Vehicle that is impounded, towed, and/or disabled through wheel clamp or any other meansReimbursement of recovery costs plus S$300 administrative fee
Smoking or cigarette smell or ashes found in the VehicleS$300 disinfection fee
Excessive dirt in the vehicle or stubborn marks in/on the vehicleS$300 cleaning fee
Late return of the VehicleAdditional Vehicle hourly rental up to the point of the Vehicle’s return plus S$50 administrative fee
Loss of items e.g. car keys, breakdown kit, SD card, etcReimbursement for replacement items
Damage to the VehicleReimbursement for repair


4.8          
All payments of Rental Charges and other amounts payable to myCarriage under this Agreement shall be made:

4.8.1        no later than the day on which such Rental Charges or other amounts are required to be paid;

4.8.2        in full and without any withholding or deduction whatsoever;

4.8.3        via such payment mode as myCarriage may specify from time to time; and

4.8.4        in immediately available and freely transferable funds.

4.9           The Member shall be solely responsible for and shall pay any and all Taxes that may be imposed on any Rental Charges and other amounts payable to myCarriage under this Agreement.

4.10        Without prejudice to any other rights and remedies myCarriage may have, if myCarriage for any reason does not receive from the Member any amount which has accrued due and payable by the Member to myCarriage on or before the date on which such amount is required to be paid:

4.10.1      the Member shall pay myCarriage the prevailing administrative fee and interest computed at the Late Payment Interest Rate on the sum outstanding as from the date on which such sum is due and payable until payment is made to myCarriage; and

4.10.2      myCarriage shall be entitled to remotely immobilise the Vehicle for repossession. myCarriage may remotely immobilise the Vehicle using onboard device(s), for the purposes of such repossession. All costs incurred by myCarriage in carrying out the repossession shall be borne by the Member.

4.11        Amounts to be refunded by myCarriage to the Member shall be made to the Member’s Credit Card, provided always that reversal fees and any other bank charges will be borne by the Member. myCarriage shall make reasonable endeavours to process refunds to the Member’s Credit Card account within 30 working days.

5.             Rental of Vehicle

5.1           During the Rental Period, myCarriage shall make available to the Member, and the Member shall lease from myCarriage, the Vehicle, subject to the terms and conditions in this Agreement.

5.2           The Member shall inspect the Vehicle at the Location on the Start Date. Following such inspection, the Member shall inform myCarriage immediately of any defects, deficiencies and malfunction present in the Vehicle. If the Member does not so inform myCarriage of any such defects, deficiencies or malfunction, the Member shall be deemed to have accepted the Vehicle in its condition as at the date of inspection, and to have confirmed that the Vehicle is suitable in all respects for the purposes for which the Member requires the Vehicle.

5.3           The Member shall at its own cost take possession of the Vehicle at the Location on the Start Date, and shall provide myCarriage on the Start Date an acceptance receipt confirming that the Member has taken possession of the Vehicle (in such form prescribed by myCarriage).

5.4           For the avoidance of doubt, notwithstanding any failure by the Member to take possession of the Vehicle on the Start Date, the Rental Period shall commence, and Rental Charges shall be payable, on and from the Start Time.

5.5           Additional items included in a Booking are subject to availability. In the event of unavailability, the Member will be refunded the price of such additional items.

6.           Custody and Use of the Vehicle

6.1         During the Rental Period, the Member shall:

6.1.1        assume all responsibility, liability and risks in respect of the Vehicle and the lease, possession, control, use and operation of the Vehicle and each part thereof, and shall be solely responsible for ensuring the safe custody, use and operation of the Vehicle;

6.1.2        ensure that the use and operation of the Vehicle does not in any way endanger the safety or health of any person or damage, adversely affect or damage any property;

6.1.3        keep, maintain and preserve the Vehicle in the same condition, repair and appearance as at the Start Date, free of any and all defects, deficiencies and malfunction (fair wear and tear excepted);

6.1.4        ensure that any plates, labels and marks, and any insignia identifications markings or plates as may be affixed on the Vehicle as at the Start Date, remain so affixed and remain conspicuous, and shall not be removed, obliterated, defaced;

6.1.5        ensure that there is a reasonable standard of comfort and level of quality maintained for the Vehicle at all times, reasonably clean interior with no obvious severe damages and free of odours;

6.1.6        in the case of petrol or diesel vehicles, ensure that the fuel tank contains fuel that is appropriate and prescribed for the Vehicle and in the case of petrol, with an octane rating of at least 95, and refill the fuel tank to the level it was at as at the Start Time;

6.1.7        ensure that the Vehicle shall at all times be kept in his possession and under his control, and free from distress, execution or any other legal process; and

6.1.8        not permit or cause any person other than the Member to use or operate the Vehicle without myCarriage’s prior written consent. myCarriage may permit additional persons to use or operate the Vehicle (each, a “Driver”), provided that the Member shall furnish all particulars of the Driver as myCarriage may request and procure that each Driver shall comply with this Agreement as if each was a party to this Agreement as a Member;

6.1.9        not use the Vehicle, nor permit or cause the Vehicle to be used, outside of Singapore without myCarriage’s prior written consent, and subject to the payment of any additional charges for such use outside of Singapore;

6.1.10      not use the Vehicle, nor permit or caused the Vehicle to be used for any purpose for which the Vehicle is not expressly designed (including for rewards, carrying of hazardous, dangerous or commercial or trade materials, driving lessons, towing, racing, pace-making or competing in any form of motor sport or any illegal purpose);

6.1.11      not make or cause or permit to be made any alterations, modifications, additions or improvements to the Vehicle or any changes of the working order or function thereof; and

6.1.12      not use or operate,  repair the Vehicle in a manner or for a purpose which contravenes any applicable law or for which the Vehicle is not designed or suitable for, or which contravenes any condition of any policy of insurance relating to the Vehicle or which may result in such policy of insurance being invalidated or vitiated (nor permit or cause any of the foregoing to take place).

7.           Breakdown of the Vehicle

7.1           in the event that the Vehicle is involved in an accident, is damaged, breaks down or requires repair to salvage:

7.1.1        the Member shall:

(i)             report the defect, malfunction, breakdown, damage or loss of the Vehicle (or any part thereof) howsoever arising to myCarriage by telephone and by making an accident report at the Cycle & Carriage Accident Reporting Centre at 209 Pandan Gardens immediately, in any event not later than twenty-four (24) hours of the occurrence of any such incident, and in the case of an accident, to report to the police or other proper authority within the time prescribed by law and make an accident report;

(ii)            not acknowledge or compound any claim either partially or in full in respect of any accident involving the Vehicle and to forward all correspondence in connection with any such accident to myCarriage or its insurers, and not to arrange or undertake any repairs or salvage without myCarriage’s authority (this includes but is not limited to the replacement of tyres), except to the extent that such repairs/salvage are necessary to prevent further damage to the Vehicle or to other property, and in such an event, to inform myCarriage; and

(iii)           provide myCarriage with such co-operation, assistance and resources as may be required by myCarriage in connection with any Claim in respect of the Vehicle relating to any defect, malfunction, breakdown, accident, damage or loss of the Vehicle (or any part thereof) howsoever arising during the Rental Period.

7.1.2        myCarriage shall provide the Member with a replacement vehicle (which may not necessarily be of the same make and model of the Vehicle), failing which myCarriage shall refund to the Member the balance of the Rental Charge calculated from the time of the Vehicle’s breakdown; and

7.1.3        during the period that such replacement vehicle is provided to the Member, all the terms of this Agreement shall apply to such replacement vehicle as though such replacement vehicle were the Vehicle.

8.             Representations, Warranties and Undertakings

8.1           The Member confirms and agrees (and shall ensure) that the Member has not had (as at the Start Date), and will not at any time after the Start Date and during the Rental Period have, a driver’s licence revoked or suspended.

8.2           During the Rental Period, the Member shall:

8.2.1        comply with all applicable laws in connection with the lease, possession, control, use and operation of the Vehicle by the Member, and without prejudice to the generality of the foregoing, shall ensure that all action, conditions and things required by any applicable law to be taken, fulfilled and done to enable the Member to lawfully enter into, exercise its rights and perform and comply with its obligations under this Agreement, and to ensure that such obligations are valid, legally binding and enforceable, have been taken, fulfilled and done (including obtaining such consents from the relevant individuals for the disclosure by the Member to myCarriage, and the collection by myCarriage, of Personal Information relating to such individuals); and

8.2.2        at all times:

(i)             fulfil the Driver Criteria set out in the Booking;

(ii)            be at least 18 years of age; and

(iii)           hold a valid Singapore or International driver’s licence.

8.3           In the event that the Member does not fulfil the Driver Criteria, the Additional Excess shall become payable in the event that myCarriage makes a claim against the Commercial Insurance Coverage. Where no Additional Excess is specified in respect of a Vehicle or a Booking, only persons that fulfil the Driver Criteria are permitted to operate the Vehicle.

9.             Insurance

9.1           The Member agrees to be bound by the terms of the Commercial Insurance Coverage and such other insurance policies as may be in force for the time being in respect of the Vehicle.

9.2           The Member will be covered by the Commercial Insurance Coverage for the duration of the Rental Period, subject to the exceptions and specific terms and conditions of the policy, including any grace period granted but excluding the following:

9.2.1        use of the Vehicle in Malaysia without prior notice to myCarriage and without payment of the applicable fees; and

9.2.2        use of the Vehicle by any unauthorised driver.

9.3           Should myCarriage elect to make an insurance claim against the Commercial Insurance Coverage in the event of an accident or other damage to the Vehicle, the Member shall bear the Excess. For the avoidance of doubt, myCarriage has the sole discretion to decide whether to claim against the Commercial Insurance Coverage without reference to the Member; and

10.           Exclusion of Liability

10.1         The Vehicle is leased to the Member on an “as-is, where-is” and on an all faults basis. The Member’s possession, control, use, operation, and enjoyment of benefits of, the Vehicle shall be at the sole risk of the Member. myCarriage does not make, and hereby expressly disclaims and excludes, any and all warranties or representations relating to the Vehicle (including title to the Vehicle, its performance, specifications, colours, condition, merchantable quality, durability or suitability or fitness for the particular or any purpose for which it is or may be required), regardless whether such conditions, warranties or representations are express or implied, are made under this Agreement or on the Platform or under any prior agreement, are pursuant to statute or common law, or otherwise, and including any oral or written statements made by or on behalf of myCarriage by any person to the Member prior to the entry into this Agreement or at any other time.

10.2         myCarriage shall not be liable in any way (in contract, tort or otherwise) for, and shall not be liable to indemnify the Member in respect of, any loss, injury or Claim howsoever and whenever arising in connection with the matters set out in Clauses 10.1, including by reason of any defect, deficiency and/or malfunction of the Vehicle (whether latent or apparent on examination)

11.           Indemnity and Liability

11.1         The Member shall indemnify myCarriage against and hold myCarriage harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities (including legal costs incurred in defending any such claims, actions, suits or proceedings) arising out of or in connection with:

11.1.1      any breach (or deemed breach) by the Member of its obligations under this Agreement;

11.1.2      any act, omission, representation, statement, fraud or negligence whatsoever on the part of the Member;

11.1.3      the lease by the Member and/or the possession, custody, control, use and operation, of the Vehicle (or any part thereof) by the Member or any other person (whether authorised by the Member or otherwise) during the Rental Period;

11.1.4      any and all loss or destruction of or damage to the Vehicle or any part thereof howsoever occasioned during the Rental Period;

11.1.5      any and all injuries to or deaths of persons and/or damage to property caused by or in connection with the lease, possession, custody, control, use and operation of the Vehicle (or any part thereof) during the Rental Period;

11.1.6      any inaccuracy, untruthfulness or incompleteness of any information which the Member provides, furnishes or makes available to myCarriage (including Personal Information relating to the Member and Drivers); and/or

11.1.7      the exercise or attempted exercise by myCarriage of any of its rights, powers or remedies relating to this Agreement and/or myCarriage’s enforcement of any of the provisions of this Agreement.

11.2         Notwithstanding anything to the contrary in this Agreement, and to the extent permitted by applicable law, myCarriage shall not be liable to the Member in respect of any Claim of whatsoever nature, whether for any direct, indirect, consequential, special or punitive damages, or for any damages resulting from loss or interruption of business, lost data or lost profits and whether arising from tort (including negligence), breach of contract or otherwise, brought against, suffered or incurred by the Member due to, arising out of, or in connection with:

11.2.1      any Claim arising directly or indirectly out of the Vehicle or a Booking, whether arising from any defect, deficiency or malfunction or inadequacy for any purpose, or its use, operation, performance, or any interruption or loss of use or operation of the Vehicle;

11.2.2      any loss, injury or damage howsoever and whenever sustained by the Member or any other person by reason of any defect, deficiency or malfunction in respect of the Vehicle (whether such defect be latent or apparent on examination); or

11.2.3      any loss or damage incurred or sustained by the Member as a consequence of the expiry or termination of the Rental Period.

11.3         If, notwithstanding Clauses 11.1 and 11.2, myCarriage is found to be liable to the Member for any reason under this Agreement or under applicable law, myCarriage shall only be liable to the Member for direct damages which the Member suffers or incurs in relation to the lease of the Vehicle under this Agreement, and the aggregate liability of myCarriage to the Member for any and all Claims, whether arising in contract, tort, negligence, under statute or otherwise, arising out of or in connection with this Agreement shall not exceed the total sum of the Rental Charges over the Rental Period.

11.4         This Clause 11 shall endure, even after the expiry or termination of the Rental Period, without limit in point of time.

12.           Term and Termination

12.1         The term of this Agreement shall commence on the Start Date and continue in effect until the End Date.

12.2         myCarriage may terminate the Member’s Membership, the Rental Period and/or use of the whole or any part of the Platform by giving the Member written notice if:

12.2.1      the Member does not pay any sum which accrues due and payable to myCarriage under this Agreement and fails to pay such sum within 7 days after the date of myCarriage’s notice specifying such non-payment and requiring such sum to be paid;

12.2.2      the Member breaches any term of this Agreement, and, in case of a breach which myCarriage considers capable of remedy, fails to remedy the same within 7 days after the date of myCarriage’s notice specifying such breach and requiring it to be remedied;

12.2.3      any representation or statement made or deemed to be made by the Member under this Agreement is or proves to have been incorrect or misleading in any respect when made or deemed to be made;

12.2.4      the Member abandons the Vehicle;

12.2.5      the whole of the Vehicle is lost, or the whole of the Vehicle is damaged to such extent as to be incapable of economic repair; or

12.2.6      any of the authorisations, approvals, permits, licences and consents referred to in Clause 6.2.1  ceases to be in full force and effect..

12.3         The expiry or termination of the Rental Period for any reason whatsoever shall not affect the accrued rights of either Party, release either Party from any liability which at the time of such expiry or termination has already accrued or which thereafter may accrue, or affect the continuation in force of the provisions of this Agreement which are not expressed to be or by their nature ought not to be contingent upon the continuation in force of the Rental Period.

13.           Consequences of expiry and termination of the Rental Period

13.1         Upon the expiry or termination of the Rental Period for any reason whatsoever:

13.1.1      the Member shall cease to be in lawful possession of the Vehicle, and shall return the Vehicle to myCarriage at the Location (or such other location as myCarriage may specify), in the same condition and working order as at the Start Date; and

13.1.2      all Rental Charges and other amounts that may have accrued under this Agreement and remain unpaid shall become immediately due and payable to myCarriage, and the Member shall immediately pay such Rental Charges and other amounts to myCarriage.

13.2         myCarriage shall not be responsible for any articles which may be left in or deposited in the Vehicle. If any articles are found in the Vehicle upon its return to myCarriage, myCarriage may dispose of such articles in such manner and by such means as myCarriage may deem fit, without any liability to myCarriage.

14.           Personal Data

14.1         The Member hereby gives written consent to and authorises myCarriage to Process any Personal Information which the Member may provide, furnish or make available to myCarriage (including Personal Information relating to the Member and any additional authorised Drivers, which the Member declares it is validly authorised to consent and agree on to on the Driver’s behalf) for any of the following purposes:

14.1.1      in connection with the enforcement of myCarriage’s rights or fulfilment of myCarriage’s obligations under this Agreement; and

14.1.2      under or in connection with, or complying with, all applicable laws, regulations, rules, directives, orders, instructions and requests from any local or foreign authorities.

15.           Assignment

15.1         The Member shall not assign or transfer, or purport to assign or transfer, any of its rights, interests or obligations under this Agreement to any other person without the prior written consent of myCarriage.

16.           Licence to Use the myCarriage Platform

16.1         The Platform is proprietary to us and must not be used other than strictly in accordance with these Terms of Use. If you agree to these Terms of Use by clicking the accept button, accessing the Platform, we grant you a personal, limited, non-exclusive, non-transferable, non-sub-licensable right to use the Platform for the purpose of accessing and using the Services.

16.2         For the avoidance of doubt, we shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to the Platform, including any updates, patches, bug-fixes and/or upgrades to the Platform or any new versions and/or releases of the Platform which incorporate new features or functions, even if updates, patches, bug-fixes and/or upgrades to iOS or Android or other relevant mobile operation system affects the operation of the Platform. Notwithstanding the foregoing, you acknowledge and agree that we may need to interrupt or suspend your access to the Application from time to time, for maintenance, technical, or other reasons.

16.3         You may not under any circumstances:

16.3.1      copy, sell, resell, assign, licence, distribute, disseminate, transmit, publicly display, rent, lease, lend, loan, export, offer on a “pay-per-use” basis, publish or otherwise reproduce the Platform or any part thereof in any form by any means;

16.3.2      adapt, modify, translate, , vary, decompilelocalise, port and/or reverse engineer the Platform or any part thereof;

16.3.3      remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking placed upon or contained within the Platform;

16.3.4      prepare or develop derivative works based on the Platform or any part thereof;

16.3.5      use the Platform for any purpose other than those expressly permitted under this Agreement; hack, compromise, circumvent, or tamper with the security or security features of the Platform or any part thereof;

16.3.6      engage in or allow the automatic gathering of information or the automatic extraction of data from the Platform or any part thereof by any means (including “spidering”, “screen scraping”, “database scraping” or harvesting of data); or

16.3.7      mass download any data, information or other content from the Platform or any part thereof, whether by means of scripts or otherwise.

Any breach of the aforesaid restrictions shall result in immediate and automatic termination of all rights and licence granted hereunder. The use restrictions set out herein shall survive the termination of this Agreement.

16.4         We reserve the right to produce new, modified and/or updated versions of the Platform and other value-added or different services to the Services.

16.5         We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove or disable, whether in whole or in part, the Platform or any services and shall not be liable if any such upgrade, modification, suspension, discontinuance, removal or disabling prevents you from accessing the Platform or any part of the services offered, or for any loss or damage suffered by or caused to you or arising out of or in connection with or by reason of such upgrade, modification, suspension, discontinuance, removal or disabling.

17.           Miscellaneous

17.1        Nothing in this Agreement shall prevent myCarriage from engaging the services of a debt collection agency to collect from the Member any outstanding amounts due to myCarriage by the Member.

17.2         The Member acknowledges and agrees that the Vehicle is or may be installed with an onboard device or in-vehicle camera, through which myCarriage may retrieve information regarding the location of the Vehicle at any time, and/or remotely immobilise the Vehicle in the event of any default in payment by the Member. The Member hereby consents to the collection, use and disclosure by myCarriage of the information retrieved using any onboard device or in-vehicle camera.

17.3         Notwithstanding that the Vehicle may be in the possession and custody of the Member during the Rental Period, as between the Parties, the Vehicle shall at all times remain the property of, and all title to the Vehicle shall at all times remain and be vested in, myCarriage. The Member shall not present himself or hold himself out as the owner of the Vehicle, nor do or cause or suffer any matter or thing to be done whereby the Member may be regarded as the owner of the Vehicle or whereby myCarriage’s rights in relation thereto may be prejudiced or jeopardised.

17.4         Save as set out in the provisions of Clause 12, the loss of or any damage to the Vehicle or any part thereof howsoever caused shall not affect the continuance of the Rental Period and shall not in any way suspend, diminish or discharge the liability of the Member to pay the Rental Charges or any other amounts hereunder in accordance with this Agreement.

18.           General

18.1         This Agreement contains the entire agreement between the Parties relating to the subject matter of this Agreement at the date hereof, to the exclusion of any terms implied by law which may be excluded by contract, and supersedes all previous agreements and understandings between the Parties in relation to such subject matter.

18.2         myCarriage reserves the right to, and may at its sole discretion, at any time vary or amend any or all of the terms of this Agreement (including any fees and/or charges payable hereunder) for any or no reason whatsoever.

18.3         If any provision in this Agreement is or shall at any time become invalid, illegal or unenforceable in any respect (in whole or in part), such invalidity, illegality or unenforceability shall not in any way affect or impair the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

18.4         A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any term of this Agreement.

18.5         No failure on the part of either Party to exercise, and no delay on the part of either Party in exercising, any right or remedy under this Agreement will operate as a release or waiver thereof, nor will any single or partial exercise of any right or remedy under this Agreement preclude any other or further exercise thereof, or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other right or remedy (whether provided by law or otherwise).

18.6         Any provision or breach of any provision of this Agreement may be waived only if the relevant Party so agrees in writing. Any waiver or consent given by the relevant Party under any provision of this Agreement must also be in writing. Any such waiver or consent may be given subject to any conditions thought fit by that Party and shall be effective only in the instance and for the purpose for which it is given.

19.           Notices

19.1         Save as otherwise expressly provided in this Agreement, each communication under this Agreement shall be made in writing, and may be made by email or SMS or mobile text messages. Each communication to be delivered to each Party under this Agreement shall be sent to that Party at the email address or telephone number stated in the Booking, in the case of the Member, or below, in the case of myCarriage (or such other email address or number as may be notified to the other Party), and (in the case of email) marked for the attention of the person from time to time designated by that Party for the purpose of this Agreement (if any).

myCarriage
Email address:  [email protected]
Telephone number: +65 6251 8880

19.2         The Member undertakes to notify myCarriage immediately in the event of a change to any of its or the Driver’s contact details or personal particulars stated in the Booking.

20.           Governing Law and Dispute Resolution

20.1         This Agreement shall be governed by and construed in accordance with the laws of Singapore. The Parties irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the Singapore courts.

21.           Definitions and Interpretation

21.1         In this Agreement, the following words shall have the meanings set out below unless the context otherwise requires:

21.1.1      Affiliate” means, in relation to a Party, any entity that controls, is under the control of, or is under common control with, that Party, where “control” means the direct or indirect ownership of more than 50 per cent of the voting capital or similar right of ownership of that Party or the legal power to direct or cause the direction of the general management and policies of that Party, whether through myCarriage of voting securities, by contract or otherwise.

21.1.2      Additional Excess” means the excess payment specified in the Booking, which is required to be made in the event of a claim against the Commercial Insurance Coverage in respect of the Vehicle and any other third party vehicle(s) damaged, where the Vehicle was being used or operated by a Member or Driver who does not meet the Driver Criteria at the time of the incident giving rise to the insurance claim.

21.1.3      Agreement” means these myCarriage Terms of Use read together with the Booking, as may be amended, modified or supplemented from time to time.

21.1.4      Booking” means a booking or reservation made on the Platform for the Services or any other products and services offered by myCarriage, as evidenced by a booking confirmation email or other receipt provided by myCarriage;

21.1.5      Business Day” means any day other than Saturday, Sunday and public holiday in Singapore.

21.1.6      Claims” means any claims, demands, actions, suits, proceedings, losses, damages, costs, expenses and/or other liabilities of any kind, however arising.

21.1.7      Damage Excess” means the excess payment specified in the Booking, which is required to be made in the event of a claim against the Commercial Insurance Coverage in respect of the Vehicle and any other third party vehicle(s) damaged.

21.1.8      Driver Criteria” means the requirements specified in a Booking to be fulfilled by a Member and/or a Driver in order to be able to operate a Vehicle.

21.1.9      Start Date” means the date as identified under “Start Date” on the Booking, or such other date as may be mutually agreed by the Parties.

21.1.10    Start Time” means the time on the Start Date as identified on the Booking.

21.1.11    Commercial Insurance Coverage” has the meaning ascribed to it in Clause 4.3.3.

21.1.12    Confidential Information” means this Agreement (and its terms), the communications between the Parties in connection with this Agreement, all information relating to the Vehicle and myCarriage and/or its businesses and affairs, and the names, marks, service marks and or logos of myCarriage.

21.1.13    Driver” shall have the meaning ascribed to it in Clause 6.1.8.

21.1.14    End Date” means the date as identified under “End Date” in the Booking or as amended in accordance with Clause 12.2, or such other date as may the Parties may mutually agree.

21.1.15    End Time” means the time on the End Date for the return for the return of the Vehicle as identified in the Booking.

21.1.16    Excess” means the amounts identified in a Booking as Damage Excess and/or Additional Excess (if applicable);

21.1.17    Late Payment Interest Rate” means three-months’ SIBOR plus 2% per month or a minimum of $50, whichever is the higher, per month or part thereof, on any outstanding payment(s) after the date on which they become due and payable.

21.1.18    Location” means the place, premises or address as notified by myCarriage to the Member or as otherwise agreed between the Parties.

21.1.19    LTA” means the Land Transport Authority of Singapore, a body corporate established under the Land Transport Authority of Singapore Act (Chapter 158A), as may from time to time be replaced or substituted.

21.1.20    Parties” means myCarriage and the Member, and “Party” means either of them.

21.1.21    Personal Information” means any information relating to an identified or identifiable natural person, including all data which is defined to be “personal data” under the Personal Data Protection Act 2012 (No. 26 of 2012 of Singapore).

21.1.22    Platform”” means: (a) both the web and mobile web versions of the website accessible from time to time at the domain name: mycarriage.sg; and (b) the ”myCarriage”  mobile application as made available from time to time by us, including any iOS, Android or other version.

21.1.23    Process” means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, including collection, recording, holding, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction, and any operation which is defined to be “processing” under the Personal Data Protection Act 2012 (No. 26 of 2012 of Singapore). “Processed”, “Processes” and “Processing” shall be construed accordingly.

21.1.24    Rental Charge” means the amount identified as the “Total Payable” in the Booking, being the rental charges payable by the Member to myCarriage in respect of the hire of the Vehicle during the Rental Period.

21.1.25    Rental Period” means the period for rental of the commencing on the Start Time on the Start Date and ending on the End Time on the End Date, unless earlier terminated in accordance with Clause 12.

21.1.26    Services” shall have the meaning set out in Clause 1.1.

21.1.27    Taxes” means goods and services tax, value added tax, and any and all other taxes, duties, levies, imposts, licence duties, registration fees and any other charges or imposts howsoever described.

21.1.28    Vehicle” means the vehicle booked for rental by a Member under a Booking.

21.2         “The headings and sub-headings of the provisions of this Agreement are to facilitate reference only and do not form part of this Agreement, and shall not in any way affect the construction or interpretation thereof.

21.3         Unless the context otherwise requires, in this Agreement:

21.3.1      the terms “hereof”, “herein”, “hereby”, “hereto” and similar words refer to this entire Agreement and not to any particular Clause or any other subdivision of this Agreement;

21.3.2      the use of the words “include” or “including” is intended to be illustrative and shall not be construed restrictively to limit the scope or extent of the examples provided (including the description or term thereof), and shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import;

21.3.3      references to any “person” include any natural person, corporation, judicial entity, association, statutory body, partnership, limited liability company, joint venture, trust, estate, unincorporated organisation or government, state or any political subdivision, instrumentality, agency or authority;

21.3.4      we” and “us” refer to Cycle & Carriage Leasing Pte Ltd and “you” or “your” refers to persons attempting to access or who access or use the Platform, including the Member.

21.3.5      references to any statute, regulation, notification or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re-enacted, and any reference to a statutory provision shall include any subsidiary legislation made from time to time under that provision;

21.3.6      words using the singular or plural number also include the plural or singular number, respectively, words denoting any gender shall include all genders and words denoting persons shall include firms and corporations and vice versa;

21.3.7      the words “written” and “in writing” include any means of visible reproduction;

21.3.8      any reference to any Party shall be construed as a reference to such Party’s successors and permitted assigns; and

21.3.9      references to “Clause” in this Agreement shall be construed as references to the Clauses of this Agreement.