DRIVE presents an integrated fleet management system and marketplace platform (hereunder referred to as “the Service”). What this Service facilitates is a dynamic environment where individuals or companies (referred to as the “DriveUser”) offer fleet management, car-sharing, and car with driver services to those in need of transportation to specific destinations (“Customers”).

Collectively, the DriveUser, Customers, and Partners make up the entire “DriveUsers” database of the Platform. DRIVE essentially creates and establishes meaningful connections with DriveUsers, enabling them to manage their fleet or businesses and deliver services to Customers seamlessly via the Platform. DRIVE is under the operation, management, and ownership of Wahdah Technologies Sdn Bhd, a company headquartered at No. 9, Jalan MH 3, Taman Muzaffar Height, 75450, Ayer Keroh, Melaka, Malaysia. For any inquiries or further assistance, we can be reached via email at support@wahdah.my.

The provisions outlined in this document, henceforth referred to as “the Terms”, form a legally enforceable covenant between you and DRIVE. We retain the authority to amend these Terms at any given time without prior notification to DriveUsers. These amendments will come into effect immediately upon their publication. Your acceptance of this Agreement signifies your agreement to these changes. The revised Terms will remain in effect as long as the DriveUser continues using the Platform.

The DRIVE platform is open to all individuals and companies who possess legal ownership or rightful custody of one or more vehicles. As the DriveUser, you affirm that you meet all legal eligibility requirements under prevailing laws. Furthermore, you assert that you possess the necessary authority and capacity to comply with all of the conditions as set out in this Agreement, both on a personal level and on behalf of any entity that you may represent.

In order to be able to use the Platform, DriveUsers will be required to create an account, register personal information including banking and/or credit card details. To ensure seamless and real-time communication, DriveUsers are also required to install the Telegram application on their smartphones for interaction with DRIVE representatives. DriveUsers are strictly prohibited from sharing their user IDs, personal passwords, or any information that could potentially grant access to the Platform. Moreover, DriveUsers must not permit others to use their accounts, agreeing to be the sole authorized user. DRIVE will not be held accountable for any misrepresentations or misconduct on the Platform resulting from the DriveUser's failure to protect sensitive information.

Any and all intellectual property rights pertaining to the Platform and its contents thereof are unequivocally and exclusively owned by DRIVE. This encompasses but is not limited to, database rights, copyrights, designs (registered or unregistered), and trademarks (registered or unregistered). Any other trademarks, logos, service marks, company or product names featured on the Platform are the property of their respective DriveUser. You acknowledge and agree that any content uploaded (such as company profile pictures, etc.) or any feedback, questions, suggestions, ideas, comments, or other information (“Submissions”) provided by the DriveUser on the Platform are non-confidential and shall become the exclusive property of DRIVE. Our logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks, or trade dress of DRIVE in Malaysia and/or other countries (collectively referred to as “DRIVE Trademarks”). The DriveUser is strictly prohibited from modifying or altering any of DRIVE's intellectual property rights.

You hereby agree not to: -

1. Create any materials that resemble or incorporate the DRIVE Trademarks without prior written approval from DRIVE.
2. Use the DRIVE Trademarks in connection with any product, service, or activity (legal or illegal) that violates any law, government regulation, or standard.
3. Input, upload, post, transmit, or otherwise distribute on the DRIVE platform or any other part of the Service any copyrighted content for which the DriveUser does not own all rights unless prior written permission from the author and copyright holder has been obtained.

DriveUsers are obligated to use the Platform strictly for legitimate purposes only. It is incumbent upon the DriveUser to ensure that they do not, either intentionally or inadvertently, violate any local, national, or international laws or regulations. This includes but is not limited to, laws pertaining to copyright, trademark, obscenity, privacy, and information security. DriveUsers are also beholden to refrain from knowingly introducing any harmful programs, viruses, or files into the Platform. Likewise, they are expected to exercise reasonable care to prevent such occurrences, whether intentional or accidental. Additionally, the DriveUser is expressly prohibited from engaging in any activities that may compromise the integrity of the Platform. This includes but is not limited to, reverse engineering, decompiling, disassembling, or any other attempts to uncover the source code or underlying ideas or algorithms of the Platform, either directly or indirectly.

DRIVE, as the data controller, may collect certain personal data (hereinafter referred to as "Data") from DriveUsers for security and operational purposes. This Data, collected upon registration with DRIVE, may include but is not limited to, identity, company profile picture, email address, and company details such as office location. The primary purpose of processing this Data is to manage and operate the DriveUser's account on the Platform. In addition, the email address provided may be used to communicate any changes or updates related to services offered. Sensitive Data, including bank account or credit card information, will also be collected upon registration. This information will be used exclusively to process payments collected by DRIVE and reimburse the DriveUser. On the other hand, the DriveUser reserves the right to access and rectify their Data at any time. This can be done through their DRIVE account or by directly contacting DRIVE. Any information provided, published, or posted to the Platform, or shared with another DriveUser (including in-application feedback, email communications, or DRIVE-related social media postings) will be considered as consent from DriveUsers for DRIVE to use this information for account creation and management on the Platform.

DRIVE offers its services on an "as is" basis, without any explicit or implicit guarantees concerning the quality, accuracy, correctness, relevance, merchantability, suitability for a specific purpose, or non-infringement. To the maximum extent allowed by law, neither DRIVE nor its management, employees, or contractors provide any explicit or implicit guarantees regarding the operation of services. This includes but is not limited to, the Service's availability at any given time or location, its uninterrupted operation, freedom from viruses or errors, and the correction of any potential errors.

As the DriveUser, you consent to engage in various forms of communication with us. This encompasses receiving emails, text messages, phone calls, and push notifications across various app messengers, including but not limited to platforms such as Telegram and WhatsApp. Furthermore, you acknowledge and accept that some of these communications may be facilitated through automated dialing systems, including text messages, calls, or prerecorded messages.

In your capacity as the DriveUser with DRIVE, you agree to safeguard, indemnify, and absolve DRIVE, including our affiliates, subsidiaries, parent companies, successors, and assigns, as well as each of our respective officers, directors, employees, agents, and shareholders. This very same exemption shall extend to any losses, costs, liabilities, and expenses (inclusive of reasonable legal fees) that may arise from or relate to your role as the DriveUser, including any breach of this Agreement or any violation of laws or third-party rights on your part. This indemnification applies irrespective of any party's negligence, including any person indemnified under this clause.

Under no circumstances shall DRIVE, including all of its affiliates, subsidiaries, parent companies, successors, and each of our respective officers, directors, employees, agents, or shareholders (hereinafter collectively referred to as “DRIVE” for the purpose of this clause), bear any liability towards you for any incidental, special, exemplary, punitive, consequential, or incidental damages. This includes but is not limited to, damages resulting from corruption, loss of programs, deletion, failure to store any data, or loss of data maintained by the Platform.

Should any provision under these terms be deemed invalid or unenforceable for any reason whatsoever, the remainder of the Terms shall be kept in full effect, both valid and enforceable as though the invalidated or unenforceable provision had not been included therein.

Should DRIVE fail to uphold any right or provision stipulated within the Terms, it shall not be deemed a waiver of that particular right or provision.

As a trusted partner, you commit to taking all reasonable measures in safeguarding the confidentiality of DRIVE's proprietary information, which encompasses technical, financial, strategic, and other confidential details pertaining to our business, operations, and properties (hereinafter referred to as “Confidential Information”). This information, disclosed to you by DRIVE, must be handled with the utmost discretion. You are obliged not to disclose, or allow the disclosure of, any Confidential Information to third parties, and to ensure it remains strictly confidential, preventing any possibility of it entering the public domain.

By entering into this Agreement, you hereby acknowledge and consent to a direct business relationship with DRIVE. This relationship is strictly defined as one between independent contracting parties. It is important to clarify that this Agreement does not constitute an employment contract, and as such, does not establish an employer-employee relationship between you and DRIVE. This Agreement does not create a joint venture, franchisor-franchisee, or agency relationship. You are not authorized to make any commitments on behalf of DRIVE, and you are expressly prohibited from representing yourself as an employee, agent, or authorized representative of DRIVE. Moreover, this business relationship does not entitle you to any benefits typically associated with employment, such as vacation or sick leave payments. You are also not eligible to participate in any plans, arrangements, or distributions related to bonuses, stock options, profit sharing, insurance, or similar benefits designed for DRIVE's employees.

By engaging with DRIVE, you affirm and guarantee your compliance with all relevant laws and regulations. This includes but is not limited to, copyright and trademark laws, as well as anti-spam legislation. You further commit to refrain from using the Platform or any associated elements of DRIVE for any unauthorized or illegal purposes.

The DriveUser information we have gathered may be utilized to investigate and resolve any allegations or disputes pertaining to your use of our Platform and its services. This is in accordance with the permissible boundaries of the law, or as mandated by regulatory bodies, governmental entities, court orders, or official investigations. In every instance where the DriveUser information is employed as described in this clause, DRIVE pledges to uphold the confidentiality of such information. We will exhaust all reasonable measures to prevent any unwarranted disclosure and to safeguard the confidentiality of the information.

DRIVE may disclose your information if deemed necessary by law, regulation, operational agreement, legal proceedings, or governmental directives, or when such disclosure is deemed appropriate due to safety or related concerns. This encompasses the provision of your information to law enforcement, governmental authorities, or other relevant third parties to uphold our Terms of Use (ToU) agreement, or other policies, safeguard DRIVE's rights or assets, or the rights, safety, or assets of others, or in the event of a claim or dispute pertaining to your use of the Service. Should you use another individual's credit card, we may be legally obligated to disclose information to the cardholder, including subscription details. Furthermore, your information may be shared with other parties during the negotiation or execution of any merger, asset sale, consolidation or restructuring, financing, or acquisition of all or part of our business by or into another entity.

At DRIVE, we prioritize the protection of your privacy, confidentiality, and security concerning all personal data entrusted to us. Our longstanding policy has been to safeguard your personal information diligently. With the implementation of the Personal Data Protection Act 2010 ("PDPA"), our commitment has been further strengthened to ensure that all personal data is protected in accordance with the PDPA. We process personal data that you voluntarily provide to us during your registration on our Platform. This data includes but is not limited to, your name, address, NRIC, and contact details. By accepting this Agreement and registering your user information, you are explicitly consenting to our processing of your personal data. You agree to indemnify us in the event of any loss or damage resulting from your failure to comply with these requirements. We will retain your personal data only for the duration necessary to fulfill the specified purposes or as mandated by law.