- 1.2. In consideration of you agreeing to abide by these Terms, we grant to you a non-exclusive, non-transferable, revocable licence to access and use the Application on these Terms. We reserve any rights not expressly granted herein.
- 1.3. By accessing or using ValetGo (the “Application”), you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Application
- 1.4 We may change, modify, or supplement these Terms at any time and will provide you with notice of such amendments by posting the changes through the Application. The amended Terms will be effective immediately and your continued access or use of the Application shall be deemed acceptance of the amended Terms.
2. The Application and the Services
- 2.1. These Terms govern your access or use, from and within Singapore, of ValetGo, a mobile application that provides a platform for the provision of Valet Services; where the platform assigns a driver to pick and send both Client(s) and Vehicle to the intended destination(s) as detailed in the Booking. (the “Valet Services”).
- 2.2. The Valet Services are provided to you by qualified drivers who are under the direct employment of ValetGo (the “Valets”). These Drivers are employed directly by ValetGo and are not third party contractors.
- 2.3 You represent and warrant that:
- 2.3.1. You have full power and capacity to be bound by these Terms and to perform your obligations under these Terms;
- 2.3.2. You shall only use the Application or Services for their intended purposes;
- 2.3.3. You shall comply at all times with all applicable laws and regulations while using the Application or Services;
- 2.3.4. You shall ensure that all information and documents provided to us via the Application or otherwise are accurate, current and complete; and
- 2.3.5. You shall not engage in fraudulent, deceptive, or misleading conduct while using the Application or Services.
- 2.4. In relation to your use of the Application, you undertake that you shall not, directly or indirectly:
- 2.4.1. modify, reverse-engineer, decompile, adapt, publish, redistribute or interfere with or intercept any transaction which is part of the Application;
- 2.4.2. use the Application for any commercial purpose or for the benefit of any third party (save where authorised by us);
- 2.4.3. remove, circumvent, impair, bypass, disable or otherwise interfere with any feature of the Application;
- 2.4.4. access, submit or use any data that is not yours, or which you are not validly authorised to access, submit or use;
- 2.4.5. misrepresent or make false or misleading claims regarding the Application;
- 2.4.6. use any device, software, exploits, or routine, including any virus, Trojan horse, worm, time bomb, robot, spider, data-mining, data scraping tool or cancel bot intended to damage or interfere with the proper operation of the Application or to intercept or expropriate any data from the Application;
- 2.4.7. use the Application in any manner that could damage, disrupt, disable, overburden, or impair the operation of the Application or interfere with any person’s use of the Application;
- 2.4.8. while using the Application, upload, post or transmit any material of any type that –
- (a) is contrary to any law, statute or subsidiary legislation;
- (b) is false, offensive, defamatory, inaccurate, misleading or fraudulent; or
- (c) infringes or violates the rights of any person.
- 2.5 In relation to your use of the Valet Services, you undertake that you shall not, directly or indirectly:
- 2.5.1. engage in any unlawful, threatening, harassing or abusive behaviour towards Valets;
- 2.5.2. cause any damage to third party property; or
- 2.5.3. contact Valets for purposes other than to receive and use the Services.
3. Financial Terms
- 3.1. We charge you a fee for the Valet Services, which includes:
- 3.1.1. a fee for each instance of Valet Services (the “Service Fee”);
- 3.1.2. any applicable additional fees for detours, cancellations and waiting time;
- 3.1.3. any tolls, road-usage charges, parking charges, fuel charges and entrance charges necessarily incurred during the provision of the Valet Services; and
- 3.1.4. any applicable taxes calculated in accordance with applicable laws.
- 3.2. A cancellation fee will be imposed and forfeited if you cancel your booking after confirmation.
- 3.3. The Service Fee and all other charges are calculated at the end of your trip and shall be payable via one of the automated payment methods available to you on the Application or in cash
- 3.4. If you fail to comply with these Terms, you may be responsible for charges arising out of or in connection with such failure, including but not limited to charges for payments that could not be completed properly.
- 4.1. We may at any time and in our sole discretion modify, suspend or terminate these Terms and/or your use of the Application or Services in whole or in part.
- 4.2. We shall not be required to compensate you for any modification, suspension or termination of the Application or Services.
- 4.3. These Terms are automatically terminated when you permanently delete or remove this Application from your device.
- 4.4. Upon termination of these Terms for any reason:
- 4.4.1. All rights granted to you under these Terms shall cease;
- 4.4.2. You must cease all activities authorised by these Terms; and
- 4.4.3. You must immediately delete or remove the Application from your device.
5. Indemnity and Exclusion of Liability
- 5.1. The Application and Services are provided on an “as is” and “as available” basis. We make no representations, warranty or guarantee as to the availability, reliability, timeliness, quality or suitability of the Application or Services, or that the use of the Application or Services will be uninterrupted or error-free.
- 5.2. We will not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including any direct or indirect, special or consequential damage, loss of income, revenue or profit, lost or damaged data, or damage to your device, software or any other property.
- 5.3. You agree that you use the Application at your own discretion and risk and that you will be responsible for any loss or damage suffered by you and to your and to your device, or loss, damage to or corruption of data that results from the use of the Application.
- 5.4. If, notwithstanding the foregoing, we should be found liable for any loss or damage resulting from an accident which is in any way connected with your use of the Application or Services, we shall be liable, at the maximum, for the amount of excess payable by you to your insurer.
- 5.5. You shall defend, indemnify and hold harmless us and our officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs) arising out of or in connection with:
- 5.5.1. your use of the Application or the Services;
- 5.5.2. your breach or violation of any of these Terms or any applicable law; and
- 5.5.3. your violation of the rights of any third party.
- 5.6. Notwithstanding clause 5, we do not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or liability for fraud or fraudulent misrepresentation.
6. Data Protection
- 6.3. For your protection and service quality purposes, we may audio record the duration of which our services were provided to you. By continued use of the Application and the engagement of the Valet Services, you shall be deemed to consent to any such audio recordings.
7. General Terms
- 7.1. Intellectual property rights: You acknowledge that all intellectual property rights in the Application throughout the world belong to us, that rights in the Application are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Application other than the right to use the Application in accordance with these Terms.
- 7.2. Assignment: We may transfer or assign our right and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer or assignment will not affect your rights under these Terms.
- 7.3. Rights of third parties: This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this agreement.
- 7.4. Severability: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 7.5. Waiver: Our rights under these Terms may be waived only in writing, and delay in the exercise or non-exercise of any right is not a waiver of that right.
- 7.6. Jurisdiction: These Terms are governed by the laws of Singapore.
- 7.7. Dispute resolution: Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause.
- 7.8. Notice: For customer services feedback and queries, please contact us at firstname.lastname@example.org.