Kah Motor Co. Sdn Bhd - KahShare (‘THE PROGRAM”)
Terms and Conditions of Participation In The Program
Definition
"Member" means a person who is a member of the Program.
“Proprietor” means Kah Motor Co. Sdn Bhd
“Program” means KahShare the car sharing service operated by the Proprietor.
"Vehicle" means the motor vehicle provided to Member by the Proprietor under the Program.
“Website” means the KahSahre website at URL:www.kahshare.com.sg
“Ports” means KahShare Reserved Parking Lots
2. Eligibility
2.1 The hire, operation and use of the Vehicle under the Program is strictly restricted to persons who satisfy such criteria as may be determined by the Proprietor from time to time and such other criteria as may be prescribed by law from time to time.
2.2 Without limiting the generality of paragraph 2.1, a Member must
- be a citizen or permanent resident of Singapore or a holder of a Singapore Employment Pass;
- not be an undischarged bankrupt;
- possess a valid Class 3 Singapore Driving Licence;
- be of at least 22 years of age;
- never have be convicted of any offence punishable with imprisonment;
2.3 Any eligible person may apply to be a Member by duly completing such application form as may be prescribed by the Proprietor and submitting for approval. On approval, the applicant will then pay the requisite application fee and a membership fee to become a member.
2.4 The Proprietor reserves the right to:
- Vary supplement or amend the eligibility criteria for membership and the terms herein at any time without prior notice.
- Determine the commencement of the membership only upon satisfactory confirmation of the credit-worthiness of the Member.
- Verify all information from whatever source
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3. Vehicle Reservation
3.1 Each Member may reserve a maximum of one (1) Vehicle and a maximum of one (1) reservation date at a time unless the Proprietor in its absolute discretion permit otherwise. In making a reservation, the Member shall specify the date, time and place of collection for the chosen Vehicle type.
3.2 Priority for use of Vehicle is ordinarily according to the order of access or reservation but the Proprietor reserves the right to use any other basis as it deems fit.
3.3 The Proprietor reserves the right to impose booking fees as the Proprietor may in its absolute discretion determine from time to time for any cancellation of a reservation or any failure to use a reserved Vehicle.
3.4 The Proprietor shall not be liable for any loss or damage or consequential loss incurred or suffered by any Member due to the failure or inability of the Proprietor to provide a vehicle for use by the member should the vehicle be unavailable for any reason whatsoever and which shall include but not be limited to any failure to allocate a vehicle, any vehicle malfunction, breakdown or suspension of membership
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4. Ownership
4.1 All Vehicles, including the accessories, equipment, spare tyres, keys, registration documents and tools shall at all times remain the sole property of the Proprietor.
4.2 No Member shall transfer, dispose of, sub-let or in any way part with possession, or create any charge, lien or pledge of any Vehicle in favour of any person or allow any person to have any interest whatsoever over any Vehicle.
4.3 The membership cards issued by the Proprietor under the Program to Members shall at all times remain the sole property of the Proprietor. The Proprietor shall be entitled to impose a charge on any Member who has damaged, misplaced or lost the membership card.
4.4 Membership under the Program is not transferable and all Members shall not share, transfer, dispose of or in any way part with possession of the membership card except with the prior consent of the Proprietor.
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5. Conditions and Restrictions On Use Of Vehicles
5.1 Each Member is deemed to warrant and represent to the Proprietor each time a Vehicle is used by such Member that the Member is at the time of use legally qualified and licenced to drive that Vehicle and satisfies all the Proprietor’s criteria for Membership.
5.2 Members shall not drive and operate the Vehicles outside the Singapore geographical areas permitted by the Proprietor.
5.3 Unless the prior written consent of the Proprietor is obtained, Members shall not allow any other person to use or operate any Vehicle.
5.4 Members shall not use or operate any Vehicle or permit anyone to use any Vehicle for any illegal or immoral purpose, or for carrying any hazardous or dangerous materials, or for any reward or valuable consideration or while under the influence of alcohol or any intoxicating substance or to use it in such manner so as to expose the Vehicle to danger or risks including theft and vandalism or to be generally in violation of the laws in any applicable jurisdiction.
5.5 Members shall be fully responsible and liable for all losses (which shall include Proprietor’s loss-of-use and administrative costs incurred), damage, damages, costs, expenses and charges (including vehicle recovery expenses) arising from any breach of this clause 5 and shall indemnify and keep the Proprietor indemnified in all respect of the same.
5.6 The Proprietor may at once re-enter, repossess or disable any vehicle used or hired by any Member should the Proprietor in its absolute discretion be of the opinion that the vehicle or the members of the public or the Member may risk or any risk whatsoever from the use of the vehicle, or in the event that the Proprietor has terminated the membership with immediate effect.
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6. Collection And Return of Vehicle
6.1 Before accepting and using a Vehicle, Members shall inspect the exterior and interior of the Vehicle.
6.2 Where the Vehicle is in a dirty condition or where there is any damage or defect whatsoever, Members shall forthwith notify the Proprietor of the same before removing Vehicle from the car parking lot. If no such notification is made, it shall be deemed that the Vehicle is in good condition and free from all damage or defect whatsoever at the time the Vehicle is handed over to the Member.
6.3 Members shall return the Vehicles at the agreed time to the same port and in the same condition as at the time it was collected. The Proprietor reserves the right to impose any fees or charges if the Vehicle is returned earlier or later than the agreed time or in a condition which the Proprietor deems unsatisfactory.
6.4 Where the Vehicle is returned in a condition unsatisfactory to the Proprietor such that it will require repair, cleaning-up or restoration works (other than routine cleaning or maintenance or repairs owing to damage or defects earlier reported by the Member to the Proprietor), the Member shall reimburse the Proprietor for the cost incurred in cleaning up the Vehicle, repairing or rectifying such damage to the Vehicle or restoring the Vehicle to its original condition.
6.5 Until the condition of the hired vehicle is verified by other Member/Proprietor, regardless of time lapse, the Member who hired the Vehicle will be responsible for the condition of the returned vehicle.
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7. Insurance
7.1 The Proprietor will provide a comprehensive motor insurance policy in respect of the Vehicle subject to any excess imposed by the Proprietor for loss or damage (which shall include Proprietor’s loss-of-use and administrative costs incurred) which shall be borne by the Member.
7.2 Members are required to access website for Proprietor’s current excess. Proprietor may demand payment of this excess in advance of repair estimates and repairs regardless of fault of drivers involved. The balance after deductions will be returned to the Member no longer than six(6) months after case is closed as agreed by all parties involved.
7.3 Appeals of compensation from third parties and follow up legal actions will be at the member’s cost and discretion. The Proprietor will not be liable for further legal contest.
7.4 A copy of the insurance policy will be available for inspection at the Proprietor's office upon request by the Member.
7.5 Members shall be fully responsible and liable for any loss or damage to the Vehicle and for any and all losses, actions and claims suffered by the Proprietor in connection therewith, in the event that the vehicle is not used or operated in accordance with the provisions of the aforesaid insurance policy or the Member is in breach of any provision of clause 5. It will always remain to the absolute discretion of the Proprietor whether to proceed and claim against the Member.
7.6 In the event of severe accident, the Proprietor reserves the rights to impose a percentage of incurred cost estimates from Member.
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8. Accidents, Theft and Vandalism Reporting
8.1 Members shall immediately report any accident, theft or vandalism of the Vehicle to the Proprietor.
8.2 Members shall immediately report any theft and vandalism to the police and procedure the Police Report to the Proprietor.
8.3 In the case of minor accidents where no one has been injured, whether in the car or outside the car, a police report will not be necessary. But the Member must still report the accident to the Proprietor without delay.
8.4 If the matter should go before the courts, Member will give all possible assistance to Proprietor’s insurers and lawyers.
8.5 The Proprietor reserves the right to impose any fees or charges for repair/administrative work incurred if Members fail to report any accident, theft or vandalism immediately to the Proprietor.
8.6 In the event of accident, you will be liable for an upfront payment of insurance excess of $1500.00.
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9. Topping Up Of Fuel Tank
9.1 Members shall refill the fuel tank of the Vehicle at the Proprietor’s expense in accordance with procedures prescribed by the Proprietor.
9.2 Members shall not purchase fuel at the Proprietor’s expense except in respect of Vehicle only. Action will be taken against Members who misused or exploit the refilling system.
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10. Parking/Traffic Offences
10.1 Members shall be fully responsible for all traffic/parking offences, fines and penalties arising from the Member's use, possession or operation of the Vehicle.
10.2 Members shall indemnify the Proprietor and hold the Proprietor harmless from and against all claims, actions, demands, cost or expenses including legal fees and costs, which may be made against or incurred or become payable by the Proprietor arising from the Member's use or operation of the Vehicle or for any breach of the terms herein.
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11. Charges/Pricing
11.1 Members shall pay the security deposit, membership and other fees and charges set out in the membership application punctually when due. Payments shall be made either by credit card or through interbank GIRO facility. The Proprietor may at its sole discretion charge interest at the rate of one (1) percent per month or $25.00 per month, whichever is higher, for late payments at such rate as the Proprietor may deem fit from time to time, until full payment of all overdue amounts. Save for manifest error, the statement of charges sent by the Proprietor to the Member shall be deemed as conclusive and binding upon the Member.
11.2 If any Member fails to pay any outstanding payments (including interest, if any) for a period of fifteen (15) days from the date when the payment become due, the Proprietor may suspend the privileges of the Member under this Program for such periods and subject to such conditions as the Proprietor may at its discretion decide. A waiver of such breach as aforesaid shall not prejudice the rights of the Proprietor in respect of any other subsequent breach.
11.3 Regardless of any suspension, the Member shall continue to be liable for the monthly or other charges until such time that the Proprietor terminates the membership.
11.4 The Proprietor may request or demand payment at any time should the Proprietor in its absolute discretion be of the opinion that there is a possibility that it may not be paid in the ordinary course of business.
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12. Credit Limit
12.1 The Member shall not at any time have in excess of the sum SGD$700.00 owing to the Proprietor for charges of any nature.
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12.2 The Proprietor may upon such event occurring:
(i) require the member to pay such charges in full failing which the Proprietor may without notice and in its absolute discretion repossess or cause any Vehicle in the members possession to be rendered un-usable without being liable for any loss whatsoever or howsoever arising; and/or
(ii) suspend or terminate at the Proprietor’s sole discretion the membership.
12.3 Any action taken herein by the Proprietor shall be without prejudice to any rights or causes of action which the Proprietor may have existing or otherwise against the member.
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13. Termination of Membership
13.1 The Proprietor may in its absolute discretion terminate or suspend the Membership of a Member under this Program with immediate effect if the Member is in breach of any of its obligations herein or ceases to be eligible under this Program.
13.2 Members may terminate their membership of the Program by giving one (1) month's prior written notice.
13.3 Termination of membership shall not prejudice or in any way affect the rights and powers of the Proprietor under the terms herein:
(i) in respect of any breach or default committed by the Member or former Member; and
(ii) to collect and/or retain in full all membership and other fees and charges agreed to by the Member at the time of his joining the Program.
13.4 Upon termination of membership, a Member may not participate in the Program or the Corporate Program during the six (6) months thereafter, unless the Proprietor specifically waives this condition.
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14. Proprietor's Rights to Make Rules and Regulations
14.1 The Proprietor shall have the right at anytime and from time to time to make, add to, amend, cancel or suspend any rules and regulations in respect of the Program and/or the Vehicles as in the judgment of the Proprietor may be required for the efficient operation of the Program or the safety and convenience of the Members. All Members agree to be bound by the Rules and Regulations and are deemed to be fully aware of it.
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15. Miscellaneous
15.1 Where any term or condition under the Program is illegal, prohibited or invalid by law, such part shall be severed from the remainder of the terms and conditions which shall remain in full force and effect.
15.2 Any notice to be sent to Members by the Proprietor shall be effectively sent if posted to the last known address of the Member.
15.3 In these terms and conditions the singular shall refer to the pural and vice-versa, unless the context does not permit.
15.4 All disputes controversies or differences arising out of or in connection with the terms and conditions of the Program shall be submitted to the Singapore Academy of Law or its nominees for resolution by mediation in accordance with the mediation procedures for the time being in force.
15.5 The terms and conditions of this Program shall be governed by and construed in accordance with the laws of Singapore.
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