Terms and conditions

1. ABOUT US

1.1 Company details. EASYBIKE MOTOR SOLUTION (CompanyNo.:202203314176 (JM0975259-M)) (“Easybike”, “we”, “us” or “our”) is a company registered in Malaysia.

1.2 Easybike .We operate peer-to-peer motorbike-sharing platform that connects individual owners and fleet owners of motorbike with individuals who intend to use and access the motorbike, called Easybike (the“Platform”) . We have been granted a “Proof of Concept (‘POC’)” by the Ministry of Transport Malaysia which allows us to operate the peer-to-peer car sharing platforming Malaysia. In addition, Easybike is also buying used motorbikes and selling new motorbikes. The Platform can be accessed through our website Easybike. my or any other mobile application store.

1.3Services.The Platform, the Easybike website, and the Easybike mobile application, and the content, functionality, accessory, and complementary services made available to the Users (as defined below) in the Platform, website, and mobile application, shall be collectively referred to as the“Services”.

1.4 Contacting us. For any inquiries, requests, or complaints, you can reach our customer service team through our live chat available in the Easybike mobile application or by easybikemy@gmail.com The process for providing formal notice to us of any matter under the Terms is set out in paragraph 18.

1.5 Contacting you. You agree that we may at times contact you via your provided telephone number through text message, messenger apps, pre-recorded messages calls, calls,or via your provided email.

2.OUR CONTRACT WITH YOU

2.1 Terms.This Terms of Service, the Privacy Policy (as defined below), and other applicable terms, guidelines, and policies regulating the usage for certain services or certain promotions or campaigns released by us from time to time, shall collectively be referred to as the “Terms”. The Terms set out the rights, obligations, restrictions, and other necessary matters between the Users and Easybike in the course of the access, provision, and use of the Services.
2.2 Agreement. By accessing the Platform or using the Services , you signify that you have read, understood, and agree to comply with and be legally bound by the Terms, which shall be a valid and enforceable agreement under the law between you and Easybike. If you do not agree to any of the Terms, you should not continue using the Platform and the Services.

2.3 Entire agreement. The Terms shall be the entire agreement between you and Easybike in relation to its subject matter. You acknowledge that you have not relied on any statement promise or representation or assurance or warranty from Easybike that is not explicitly set out in the Terms.

2.4 Modification.We may modify the Services, or amend the Terms, from time to time at our sole discretion, so you should review this page periodically. If there are any material changes, we will notify you of such material changes to the Services and/or the Terms via announcements on the Easybike website, the Easybike mobile application, or by sending you an email to your registered email address. Continued access or use of the Services after any such changes shall be deemed as your consent to be bound by the amended Terms and the modified Services. If you do not agree to any of the amended Terms and/or the modified Services, you should not use or access (or continue to use or access) the Services.

3. PERSONAL DATA & PRIVACY

3.1Personal Data. The security of your personal data and your privacy is important to us. Kindly read and understand our Privacy Policy before providing us with your Personal Data (as defined below). If you do not agree with our Privacy Policy, kindly refrain from using the Services and accessing the Platform.

4. DEFINITIONS

4.1 The capitalized words in the Terms shall have the meaning set out below:

Terms	Meaning
Access Fees	This means the fees for Trips are set by Hosts (owners) or Easybike, as the case may be, and collected by Easybike on behalf of the Hosts(owners).
Account	This means the Easybike account that a User signs up for in order to be registered as a Host or a Guest and to access the full functionality of the Services.
Affiliates	This Means related companies, officers, directors, employees, and agents
Booking	Means the reservation of Motorbike by a Guest for a pre-determined period,that is pending approval by the Host,or in the case of Instant Booking Motorbike,the reservations which have successfully been made.
Business Days	Means any day other than a Saturday,Sunday or a gazetted public holiday in Malaysia.

Commercial Host (Owner)	Means any professional motorbike rental company with valid licenses, approvals and/or permits issued by the relevant authority that has listed its Motorbike on the Platform and has entered into a Commercial Host(owner)Agreement with Easybike
Commercial Host (owner) Agreement	Means a commercial host (owner) agreement entered into between Easybike and a Commercial Host (owner)
Common Wallet	Means a closed loop digital wallet managed by Easybike that stores Credits issued by Easybike and such Credits may be used to pay for any of the Services.
Credit	Means a credit worth Ringgit Malaysia One (Rm1.00) issued by Easybike In exchange of Ringgit Malaysia One (Rm1.00)paid by the Users to Easybike.
Designated location	Means the location,as determined by the Host(Owner),where the Motorbike shall be collected and/or returned at the beginning and at the end of the Trip.
Instant Booking Motorbike	Means Motorbike which Hosts have opted for automatic approval leading to instant matching of motorbike whenever a booking is made by a Guest.
Marketplace Fees	Means the fees payable to Easybike by the Hosts for booked Trips through the Platform . Organic Hosts have the option to select among three (3) Easybike Shield plans which will determine the amount of Marketplace Fees to be paid to Easybike.
Organic Host(Owner)	Means a Host that is not a Commercial Host(Owner)
Personal Data	Shall have the meaning ascribed to it in the Personal Data Protection Act 2010 of Malaysia
Guest (Rental)	Means a User who is authorised to pay for the Access Fees and operate the Motorbike listed on the Platform
Host (Owner)	Means a User who is authorised to list Motorbike for sharing on the Platform
User(s)	Means collectively,the Guests(Rental),the Host(Owner) and any users of services whether with an Account or not.
User-Generated Content	Mean photographs of you and your Motorbike(s),reviews, feedback and descriptions of you , your Motorbike or other content that are posted , uploaded, published , submitted or transmitted through the Platform.

5. ELIGIBILITY CRITERIA

5.1 Vehicle Eligibility Requirements

(a) A Vehicle can only be listed on the Platform if the Vehicle is:

(i) duly registered, or have sharing rights assigned to the Host;

(ii) registered for use on public roads in Malaysia;

(iii) adequately maintained for safe use;

(iv) is not subject to any unaddressed safety recalls;

(v) in the case of:

a. a Motorbike that is deemed a“classic car”, the Motorbike can be listed with the necessary certifications and with prior inspection carried out to the satisfaction of Easybike; and

b. all other Vehicles, no more than 10 years old (from first date of registration);and (collectively, the “Motorbike Eligibility Requirement”).

5.2 Easybike’sDiscretion.The authorisation of or the approval of Motorbikes to be listed on the Platform, are made at the sole and absolute discretion of Easybike. The eligibility criteria in this paragraph5 maybe changed by us at any time for any reason at our sole discretion.Easybike does not guarantee , and does not make any warranties or representations, and does not endorse the safety or roadworthiness of the Motorbikes,or the ability of any Guest (Rental) to operate the Motorbikes safely and competently. Please refer to paragraph 16 for further information on our excluded liability.

5.3 Complete and Updated Information. When applying for and creating an Account, you must provide accurate and complete information and keep such information updated and accurate.You agree to update your details in your Account regularly when there are changes to the information to your Account.

5.4Account Security

(a) You are solely responsible for allactivity that occurs on your Account and you must keep the login details of your Account secure, and prevent unauthorized access to your Account.

(b) You will be solely responsible for all the use of your Account, and any acts or omissions arising from your Account, whether such acts or omissions are authorized by you.

(c) You are not allowed to share your Account with anyone else. In the event you share your Account with any other individual(s),you shall be held liable for any losses including theft or damage to the Vehicle caused by those individuals.

(d) If you are aware of theft and/or unauthorized use of your Account, you shall immediately notify us and follow our instructions to secure your Account. Easybike shall not be responsible or liable for any losses caused by any unauthorized use of your Account.

6. OBLIGATIONS OF ALL USERS

6.1 Obligations.You shall use the Services in accordance with the Terms and all applicable laws and regulations. Furthermore, in the course of using the Services, you shall not, nor advocate, encourage, request, or assist any third party to:

commit or encourage a criminal offence or the breach of any laws in any jurisdiction;
engage in activities or to submit any User-Generated Content that solicits personal information for unlawful or unauthorised purposes;
c.transmit or distribute a virus, trojan, worm, logic bomb ,keystroke logger or spyware, or any other material which is malicious ,harmful, in breach of confidence, in breach of personal data protection laws in any jurisdiction, or in any way which is offensive or obscene;
use the Services in any manner that could damage, disable, overburden or impair any servers, networks, or interfere with any other party’s access and use of the Services;
attempt to gain unauthorised access to the Services, other Users’ Accounts, computer systems or networks, or information not intentionally made available on or through the Services, through hacking, password mining or any other means;
interfere with the proper operational integrity of the Services or any other activities conducted on the Services;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
license, sub-license, sell, re-sell, transfer, assign ,distribute or otherwise commercially exploit or make available any part of the Services to any unauthorised third-party in any way;
link to, mirror, or frame any portion of the Services;
cause or launch any programs or scripts for the purpose of scraping, Indexing, surveying, or otherwise data mining any portion of the Services;
decompile, reverse engineer, or disassemble the Services;
corrupt, mine or steal any data from the Services or third-party services that supports the Services;
harass, intimidate or cause annoyance in any manner whatsoever;
infringe upon the rights of any other person’s proprietary rights;
send any unsolicited advertising or promotional material, e.g. spam;
send and/or transmit any information or material including User-Generated Content which, in our sole opinion, is morally objectionable, false, menacing, or patently offensive in character with intent to annoy, abuse, threaten or harass any person;
contravene any third-party website terms;
harm or tarnish the reputation of Easybike;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, conducting fraud, or hiding or attempting to hide your identity;
fail to honour any commitments or obligations required under the Terms, including, but not limited to , the availability or delivery of any booked motorbike by Hosts (owner),and the payment of fees or return of motorbike by Guests (Rental);
use the Services to find a Motorbike or Guest(Rental), and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to the provision of the Services or for any other reasons;
deceptively or fraudulently making false or artificial Bookings or Trips, including where no actual usage of the Motorbike was made by the Guest (Rental) during the purported period of the Trip, whether to capitalise on any Easybike promotions or otherwise; and
do or omit to do anything with the intention to sidestep, evade or circumvent any of Easybike’s intended feature or function of the Services.

6.2 Your Default. If our ability to provide the Services is prevented or delayed by any failure by you to fulfil any obligation listed in paragraphs 6, 22 and25 of this Terms of Service (“Your Default”):

we may suspend performance of the Services (including to withhold or suspend any payments required to be made by us to you), suspend or terminate your Account,until you remedy Your Default, and rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services;
we will not be responsible for any costs or losses that you may sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
it will be your responsibility to reimburse us on written demand for any costs, expenses or losses that we may sustain or incur arising directly or indirectly from Your Default.

7. CHARGES

7.1 Types and rates of Charges.

In consideration of us providing the Services, Users shall pay our Charges in accordance with thisparagraph7.The Charges for using our Services are set out in Annex 1-A.

7.2 Earning.Hosts(owner) will receive the Access Fees for any Trips that are completed and verified by Easybike minus deductions for Marketplace Fees (according to the plan selected by the Organic Host (owner)),details of which are set out in Annex 1-B

7.3 Pre-Authorisation

When a Guest’s (Rental’s) Booking is accepted, the Guest’s (Rental) credit or debit card will be charged for the Access Fees and a flat amount as set out in Annex1-C will be pre-authorised (“Pre-Authorisation Amount”).The Pre-Authorisation Amount shall be deducted and/or forfeited to reimburse the Host(owner) in the event of contingencies such as damages, fines, penalties, and other unexpected costs incurred by the Host(owner) as a result of the Trip. Guests(Rental) who intend to pay with a debit card must ensure that there are sufficient funds in the bank account to pay for the Access Fees and the Pre-Authorisation Amount.
The Pre-Authorisation Amount will be charged to the Guest’s (Rental) credit or debit card within 24hours before the commencement of the Trip.
If the Pre-Authorisation Amount cannot be charged to the Guest’s (Rental) credit or debit card, Hosts (owner) will not be able to approve the Booking.
If there are no fines, penalties, and other unexpected costs incurred by the Host (owner) as a result of the Trip, as set out in paragraph7.3(a),the Pre-Authorisation Amount will be refunded to the Guest (Rental) within 16 Business Days (or any such longer period, subject to the applicable transaction authorisation time required by the relevant financial institution) after the Guests returns the Motorbike in the condition that the was received by the Guest.
The Pre-Authorisation Amount will also be refunded if the booking is cancelled by the Guest(rental) or the Host(owner).

7.4 You authorise Easybike to:

Store your payment credentials ,and to use the same to pay for any Charges specified in paragraph 7;
Charge any applicable Charges on your credit card, debit card or Common Wallet without further notification to you; and
Report information to credit bureaus in the event there are late payments, missed payments, defaults or delinquencies on your Account.

7.5 Incidental charges. You understand and agree that, in addition to the amount due, defaulting or delinquent Accounts will be charged for costs that are incidental to the collection of defaulting or delinquent Accounts including, but not limited to late payment interests, collection fees, convenience fees, and/or other third-party charges to be determined by Easybike.

7.6 Communications. You agree that all communication in relation to late payments, missed payments, defaults or delinquencies in respect of your Account maybe made by e-mail or the Easybike mobile application. Such communication maybe made by Easybike or by anyone on its behalf, including but not limited to an appointed service provider.

7.7 AccuracyofChargesduringCheckout. We take reasonable care to ensure that the Charges stated in the checkout page are correct at the time when the relevant information was entered into the system.

7.8 Changes in Charges. The Charges maybe amended, modified or changed by Easybike from time to time, but changes will not affect any Bookings or Trips you have already placed.

7.9 Tax.

Service Tax or any other applicable government tax (“ApplicableTax”) shall be payable on the Market place Fees and Easybike has the right to deduct the Applicable Tax prior to paying the balance amount to the Host(owner).
Where applicable, all other Charges shall be exclusive of Applicable Tax. Where Applicable Tax is payable in respect of some or all of the Services, Users must pay us such additional amounts in respect of the Applicable Tax, at the applicable rate,at the same time you pay the Charges.

7.10 Suspension of Account due to outstanding. If there is any outstanding sum that you are owing to us, your Account will be suspended and you will not be able to make any Bookings until you have fully settled the outstanding sum.

8. CANCELLATIONS

8.1 Guest (Rental)Cancellation

A Guest(Rental) may cancel their Booking or Trip through the mobile application.
Guests(Rental) can cancel the Booking or Trip without incurring Charges if the Booking or Trip is cancelled more than 24 hours before the commencement of the Booking or Trip.
If Guests(Rental) cancel within 24 hours before the commencement of the Booking or Trip, or fail to collect the Motorbike, Guests(Rental) shall be subject to cancellation Charges as set out in Annex 1-A.

8.2 Host (Owner) Cancellation

If Hosts(owner) intend to cancel a Trip, the Hosts(owners) must notify the Guests as soon as possible.
If the Hosts(owner) cancel the Trip, Guests will receive full refunds.
Organic Hosts(Owner) will be subject to cancellation Charges if they cancel a Trip less than 48 hours before the commencement of the Trip or if they fail to deliver the Motorbike to the Guests(Rental), asset out in paragraph 7.
Commercial Hosts(owner) will be subject to cancellation Charges in accordance with the Commercial Host(owner) Agreement.
Hosts (owner) who repeatedly cancel Trips may be subject to additional penalties, including:
de-listing of the Host’s(owner) Motorbike(s) on Easybike;
suspension of the Host’s(owner) Account; and
termination of the Host’s(owner) Account.

8.3 Easybike Cancellation

(a) Easybike may cancel any Trip at our sole discretion, for any reason.

(b) In the event a Trip is cancelled by Easybike ,the Guests will receive a full refund, and the Hosts(owner) will not be charged.

9. LATE RETURN

9.1 Late Return Charges. Guests(Rental) shall return the Motorbikes on time,inaccordance with the agreed duration of the Trip. Guests(Rental) who fail to return the Motorbike in a timely manner will be charged in accordance with Annex 1-A.

9.2 Late Return Report. In the event of a late return of the Motorbike, Hosts(owner) shall make a report to Easybike of such late return within 2 hours from the time the Trip was scheduled to complete.

9.3 Extension

(a) Guests(rental) may request for an extension of the Trip, subject to acceptance of the Host(owner) and payment of relevant Charges.

(b) However,if an extension cannot be booked,the Guests (Rental) Shall return the Motorbike at the agreed time in accordance with the Booking.

9.4 Hosts. Hosts(owner) shall endeavour ,but are not obligated, to accommodate requests by Guests for extensions.

10. EXCLUSIVITY AND PAYMENT THROUGH THE SERVICES

10.1Exclusivity

Organic Hosts that have opted for Easybike Shield shall only list their Motorbikes exclusively on the Platform, and as such:
Hosts shall not list a Motorbike on other peer-to-peer car-sharing platforms; and
Guests shall not entertain any requests to obtain the Motorbike provided by such Hosts(owner) except through the Platform.

For the avoidance of doubt, the exclusivity requirement above shall not apply to Organic Hosts(owner) who have not opted for the Preferred Insurance Coverage and to Commercial Hosts.

If Organic Hosts who are subject to the exclusivity requirement above list the Motorbikes on other peer-to-peer motorcycle-sharing platforms, we reserve the right to:
send you a written warning;
suspend your Account pending compliance with our requests;
remove your Motorbike from the listing;
terminate your Account;
charge a fine;
forfeit any refunds, earnings, and payments due to you; and
other actions that are legally available to us.

10.2 Payment through the Platform only

All payments and transactions in respect of the Services shall be made strictly through the Platform, and any requests to make or receive payment otherwise than through the Platform shall not be entertained.
If you breach the term stated above, we reserve the right to:
send you a written warning;
suspend your Account pending compliance with our requests;
remove your Motorbike from the listing;
terminate your Account;
charge a fine;
other actions that are legally available to us; and
deny for any reimbursement and claims

11. REVIEW

11.1 Easybike allows Hosts(owner) and Guests(rental) to leave reviews of their experience with a Motorbike ,or their experience with Hosts(Owner) or Guests(Rental). Hosts(Owner) and Guests(Rental) may leave a review at the end of a Trip.

11.2 Reviews shall be courteous and fair, and shall:

not contain vulgar language or profanity;
not contain personal data;
be true the fullest extent of the User’s knowledge;
be not objectionable in the sole discretion of Trevo; and
not be marketing material.

11.3 We may remove any reviews that in our sole opinion do not comply withparagraph 11.2

12. INTELLECTUAL PROPERTY

12.1 Easybike Intellectual Property

We are the owner (or the authorised licensee, where third party services or applications are used) of all Intellectual Property (as defined below ) in the Services, including the images of Motorbike in respect of paragraph 12.2.
We grant Users a non-exclusive, non-transferable, revocable license to access and use the Services. This license is revocable upon breach of the Terms by Users or upon termination of Account.
For the purposes of this clause12, “Intellectual Property” includes copyright and all worldwide rights conferred under statute, common law or equity relating to inventions

(including patents), registered and unregistered trademarks and designs, logos ,layouts, source codes, workflows and features, data and databases, confidential information ,knowhow, trade secrets and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

12.2 Easybike Photography

(a) Hosts(owner) may opt to have Easybike’s appointed photographers to take photographs of the Motorbike ,which Easybike grants to Hosts(owner) a revocable, non-exclusive, non-transferable license to use such photographs in the listing of the Motorbike.

(b) Hosts(owner) warrant, represent and agree that the images will only be used so far as the images are still accurate representations of the Vehicle in the listing.

(c) You understand that if Easybike uses the term “Verified Images” the term is intended only to indicate a photographic representation of the Motorbike at the time the photograph was taken. Verified Images are therefore not an endorsement by Easybike of any User or any Motorbike.

12.3 ContentLicense.

Subject to your compliance with the provisions of the Terms, Easybike grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Easybike and/or User-Generated Content to which you are permitted to access, solely for your personal and non-commercial purposes. You shall not sub-license the licensed rights granted in this paragraph12.3. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property rights owned or controlled by Easybike or its licensors, except for the licenses and rights expressly granted in these Terms.

12.4 User Content. We may,in our sole discretion, allow you to upload User-Generated Content. By making available any content on or through the Services, you grant Easybike a worldwide, irrevocable, perpetual or for the term of the protection),non-exclusive, transferable, royalty-free license, with the right to sublicense ,to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit ,stream ,broadcast, access, view, and otherwise exploit such content on, by means of, or to promote or market the Platform or the Services. Easybike does not claim any ownership rights in any such ontent and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

12.5 Access to Content. Easybike is not obligated to, but reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content and/or User-Generated Content that Easybike ,at its sole discretion, considers to be objectionable for any reason, in violation of the Terms, or otherwise harmful to the Services or our community.

13. THIRD-PARTY SERVICE FEATURES AND MARKETING AND PROMOTIONAL CAMPAIGNS

13.1 Third-Party Service Features. The Services may interoperate with and/or utilise third-party services features.Any third-party code or feature that is available in the Services may be covered by an open source or third-party end user license agreement authorising use of such code, for which you agree to observe the terms and agreements set by such third parties.

13.2 Cease of provision. If a third-party feature provider ceases to provide that feature, we may opt for another third-party to provide similar features. However,if we, after taking reasonable measures to do so,are unable to find an alternative third-party provider, or if it is not commercially or technically feasible to engage an alternative third-party provider ,we reserve the right to no longer make available the affected feature without any liability to us.

13.3 Marketing and Promotional Campaigns. From time to time, Easybike may run marketing and promotional campaigns which offer voucher codes, discounts, rebates or other promotional offers to Users (“Vouchers”). Vouchers are subject to validity periods,redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platform. Vouchers are non-transferable ,non-exchangeable and non-refundable and cannot be exchanged for cash. Easybike reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the Vouchers, promotions and subscriptions at any time without any prior notice. Easybike reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of the Terms.

13.4 In addition to our website, from time to time we may post messages, special deals,pictures,news,stories,or other information on social media platforms which we maintainan account,suchasFacebook®,Twitter®,Instagram®andLinkedIn®(“SocialMediaPlatforms”).We are not responsible for the privacy or security policies or practices of the Social Media Platforms and any of the third-party websites that our website and/or the Social Media Platforms may link to. Users should review the privacy and security practices of all such Social Media Platforms and third-party websites.

13.5 Users hereby acknowledge and agree that if they tag us in any posts posted by them on any social media platforms managed by themselves, such as pictures, information, opinions, complaints, or any personal information (“Material”), such posts will become public.This means that anyone can see the Material. By tagging us on these social media platforms, Users automatically and irrevocably grant and assign to us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the Material, including the User’s consent to allow us to reproduce, publish and/or share the Material.

13.6 Users shall be solely responsible for the Material and consequences of submitting and publishing the Material.

13.7 Users agree not to submit Material that is defamatory , libelous , hateful, violent, obscene, pornographic ,unlawful, dangerous, threatening, misleading, contain nudity or sexual content, contain personal data, or posts that be construed as constituting harassment and cyber bullying or that could endanger a person ,or posts that Easybike ,in its sole and absolute discretion, deems is not suitable for publishing on the Social Media Platforms.

13.8 We reserve the right to remove ,delete ,and/or hide any Material submitted by Users on the Social Media Platforms at our sole discretion.

14. SERVICES IN MALAYSIA ONLY

14.1 The Services are only made available in Malaysia.

15. TERMINATION

15.1 Termination for Convenience .You may discontinue your use of the Services at any time or remove any Motorbike listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release you from any obligations you incurred prior to the termination and Easybike may retain and continue to use any information, including but not limited to any photography and any User-Generated Content previously provided by you. Termination of the Terms will not have any effect on the disclaimers ,waiver or liability limitations, or legal disputes provisions under the Terms and/or any Charges due ,and all of those terms will survive any termination of the Terms.

15.2 Mandatory Termination. We reserve the right to terminate or suspend your Account or the use of the Services by you without prior notice or cause, in our sole discretion, or for any reasons including, but not limited to:

(a) your conduct being detrimental to our business interests;

(b) your breach of any applicable laws or regulations;

(d) your breach of any provision(s) in the Terms; and

(e) such other basis as we may deem fit.

15.3 Consequence of Termination.

In the event of a termination under paragraph15. 1 or 15.2, the Users shall remain liable for any Charges which are payable in accordance with paragraph7 prior to termination and if any amount is required to be paid by Easybike to you ,we reserve the right to set-off any amount owing to us before paying any balance to you thereafter and you agree to forfeit any amounts which is required to be paid by Easybike to you.

16. LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS PARAGRAPH

16.1 Liability. We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Terms for:

(a) loss of profits;

(b) loss of sales or business;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) any indirect or consequential loss.16.2 No guarantee for Motorbikes. We do not make any representations about, confirm, or endorse the safety orroadworthiness of any Motorbikes .It is the sole responsibility of Hosts (owner) to confirm that the Motorbike complies with the Motorbike Eligibility Requirements.

16.3 No guarantee on Insurance Claims. We do not guarantee that any claims on insurance by the Hosts (owner) (whether from Easybike Shield or the Commercial Hosts’ own insurance coverage ) arising from any loss or damage from a Trip will be successful.

16.4 Indemnity. To the fullest extent permitted under the laws of Malaysia, you agree to release, defend, indemnify, and hold Easybike and its Affiliates, harmless from and against any claims, liabilities, damages, losses, and expenses ,including, without limitation, reasonable legal fees,arising directlyor indirectly from:

your breach of the Terms;
your User-Generated Content;
your interaction with other Users;
your Bookings, Trips or Vehicle listings; and
your use of the Vehicles or the use of Vehicles by the Guests.

16.5 Disclaimer. Easybike provides peer-to-peer motorbike-sharing platform.Easybike does not itself provide Motorbike sharing or Motorbike rental services and/or insurance services and is not responsible for any of the acts or omissions of any of the Users of the Platform, the manufacturer of the Motorbike, the Hosts(owners) of the Motorbike ,or any third-party service providers (e.g.in-Motorbike GPS or other systems ). The Services are provided“as is”, without warranty of any kind, either express or implied. To the full extent permitted by law, Easybike and all its Affiliates explicitly disclaims and excludes any and all warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement ,and any warranties arising out of course of dealing or usage of trade. Easybike and its Affiliates makes no warranty regarding the quality of any listings, Motorbike, Hosts(owner) ,Guests(Rental),Additional Guests ,Users ,the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Platform. No advice or information, whether oral or written, obtained from Easybike or its service providers or through the Services or content, will create any warranty not expressly made herein. Easybike and its Affiliates shall not be liable for any direct, direct, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, good will, use, data or other intangible losses that result from the use of, or inability to use the Services. Under no circumstances will Easybike and its Affiliates be responsible for any damage, loss or injury resulting from hacking ,tampering, or other unauthorised access or use of the Service or your Account or any information contained therein. Without limiting the generality of the foregoing ,to the maximum extent permitted by law, Easybike and its Affiliates assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii)personal injury ,loss of life or property damage of any nature whatsoever resulting from your access to or use of our Service and/or arising from a Trip; (iii)any unauthorised access to or use of our servers, and/or any and all personal information stored therein; (iv) any interruption or cessation or transmission to or from the service (v)any bugs, viruses ,trojan horses, or the like that may be transmitted to or through our service by any third parties (vi) any errors or omissions in any content or for any loss or damage incurred as a result of any User-Generated Content (vii) any damage, theft, criminal breach of trust ,total loss of the Motorbikes and/or (viii) any User-Generated Content or the defamatory, offensive, objectionable or illegal conduct of any third party.

16.6 Exclusion of Liability for Bookings and Trips made outside the Platform. Easybike and its Affiliates assume no liability or responsibility whatsoever for any Bookings or Trips which are made between Guests and Users outside of the Platform or where such Bookings or Trips are made on the Platform but subsequently extended outside of the Platform.

16.7 Maximum Claim amount. In no event shall Easybike and its Affiliates be liable to you for any claims, proceedings, liabilities ,obligations, damages, losses or costs the aggregate amount paid by the Users to Easybike and its Affiliates in the preceding twelve-month period (if any ) prior to the event giving rise to a claim.

16.8 Time limit on raising a complaint. You agree that any complaints arising out of, or related to the Services must be brought to our attention within six (6)months after the incident leading to the complaint arose. Otherwise, you are deemed to be satisfied with all the Services that you have enjoyed and you will not be able to raise any complaints in respect of that incidents anymore.

16.9 Survival.This paragraph 16 will survive termination of the Terms.

17. CONFIDENTIALITY

17.1 We each under take that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by paragraph 17.2.

17.2 We each may disclose the other's confidential information:

to such of our respective employees ,officers ,representatives ,subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Terms. We will each ensure that such employees, officers ,representatives, subcontractors or advisers comply with this paragraph 17; and
as may be required by law,a court of competent jurisdiction or any governmental or regulatory authority.

17.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Terms

18. COMMUNICATIONS BETWEEN US

18.1 When we refer to "in writing "in these Terms ,this includes email and via live chat through Easybike’s mobile application.

18.2 Any notice or other communication given by one of us to the other under or in connection with the Terms must be in writing and be delivered personally ,sent by pre-paid post or other next Business Day delivery service, or email.

18.3 A notice or other communication is deemed to have been received:

if delivered personally, on signature of a delivery receipt;
if sent by pre-paid post or other next Business Day delivery service, at 9.00 am on the second Business Day after posting; or
if sent by email, at 9.00 am the next Business Day after transmission.

18.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed ,stamped and placed in the post and,in the case of an email, that such email was sent to the specified email address of the addressee.

18.5 The provisions of this paragraph 18 will not apply to the service of any proceedings or other documents in any legal action

DEVICES AND THE MOBILE APPLICATION

19.1 For the purposes of this paragraph ,a “Device” is the mobile phone, tablet, or personal computer on which the Easybike mobile application is downloaded and used.

19.2 You shall be responsible and liable for the use of the Easybike mobile application on any Device ,whether or not the Device is owned by you.

19.3 We do not warrant that the Easybike mobile application will be compatible with your Device.

19.4 To access the full functionality of the mobile application and the Services ,you may be requested to grant certain permissions to the mobile application (e.g. access to the Device location or gallery).

19.5 We suggest that you “white-list” the mobile application to allow the mobile application to operate in its full capacity.

19.6 We grant you a non-exclusive, non-transferable, revocable license to access, download, and use a copy of the mobile application. Easybike and our third-party license or vendors retain all right, title, and interest in and to the mobile application and any copy of the same.

19.7 The Services require a stable connection to the internet and availability of mobile data or Wi-Fi to be fully functional. We are not responsible for any reduced or non-accessibility to the Services resulting from poor internet connection or lack of mobile data on the Device.

19.8 We may release new versions and updates to the mobile application from time to time. You consent to such automatic updating of the mobile application on the Device, and that Easybike will not be liable for any loss of data, delays, or downtime due to such updates.

19.9 If automatic updating of the mobile application does not work, you shall be responsible for updating the mobile application manually to the latest versions.

19.10 Depending on the update ,the Services may not be accessible (or fully accessible) until the latest version of the mobile application is downloaded or updated and any new terms are accepted

19.11 Nothing in the Terms shall give you or any other person any right to access or use the source code or constitute any license of the source code.

20. GENERAL

20.1 No Agency. Easybike does not appoint you or any other User as its employee, mandatory and legal agent, or form any kind of legal partnership or joint venture. You are not authorised to make any commitments on behalf of Easybike except as contemplated under the Services or as expressly stated in the Terms.

20.2 Assignment and transfer.

We may assign or transfer our rights and obligations under the Terms to another entity.
You may only assign or transfer your rights or your obligations under the Terms to another person or entity with our prior agreement in writing.

20.3 Waiver. If we do not insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

20.4 Severance. Each paragraph of the Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable ,the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms of Service and the remaining paragraphs will remain in full force and effect.

20.5 Governing law and jurisdiction. The Terms are governed by the laws of Malaysia and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms to the exclusive jurisdiction of the courts of Malaysia

PART B – TERMS APPLICABLE TO HOSTS

21. ELIGIBILITY

21.1 Host(owner) Eligibility

A User shall first register for an Account AND be authorised by Easybike as a Host (owner) before a User can list Vehicles on the Platform. To be authorised as a Host (owner), the Host shall:

(i) be 21 years old and above;

(ii) have signed up for an Account by providing a valid email address and creating a password, or ,if and when available,by connecting through an existing Facebook or social network service account;

(iii) provide Easybike with accurate ,complete ,and up to date information about the Host (owner) and the motorbike, including, but not limited to:

scanned or digital copies of his NRIC and/or passport;
valid bank account details (where the account holder name should be the same as the registered company or user);
valid road tax issued by JPJ;
registration title of the Vehicle;
valid Motorbike insurance policy from the P2P Insurer and cover note; and
proof of the Motorbike’s most recent inspection / servicing, in each case to the satisfaction of Easybike; and
authorize Easybike to conduct any relevant background check and verification based on the information provided by the Host(owner), whether by Easybike or through a third party.

21.2 The authorization of Hosts is made at the sole and absolute discretion of Easybike. The eligibility criteria in this paragraph 21 may be changed by us at any time for any reason at our sole discretion. Easybike does not guarantee and does not make any warranties or representations as to the Hosts (owner). Please refer to paragraph 16 for further information on our excluded liability.

22.OBLIGATIONS OF HOSTS(owner)

22.1 Listing

Hosts(owner) shall identify the Vehicle that will be listed on Easybike.
Hosts(owner) represent and warrant that the Motorbike shall satisfy and continue to satisfy the Motorbike Eligibility Requirements.
The Motorbike listing shall not contain any false or misleading information, statements, or representations and shall not contain any material omissions
It is compulsory for listing Motorbike’s Base Policy to be acquired by the P2P Insurer. If the renewal period is not immediately due, its migration to the P2P Insurer should execute in the following Base Policy renewal or within six(6)months from the effective date of Motorbike’s listing (whichever earlier ) (“Grace Period”) ,failing which the Motorbike shall not be listed on the Platform. Pending migration to the P2P Insurer ,a Motorbike shall not be protected by Easybike Shield and in such circumstances, Easybike excludes its liability for any claim, damage, loss or expense which the Organic Hosts may incur or sustain as a result of listing their Motorbike on the Platform, as detailed in paragraph 16.5

22.2 Availability. Once a Trip is booked, you must make the Motorbike available or deliver the Motorbike to the Designated Location as agreed with the Guest (Rental).

22.3 Qualification. In order to qualify for claims under Easybike Shield, where applicable you must verify that the Guest has a valid and current driver’s license (Malaysian or International) before you release your Motorbike to the Guest.

22.4 Obligations of Hosts.(owner)

(a) All Hosts(owners) shall not offer or list any Motorbike that may not be shared for purposes of generating income pursuant to the terms and conditions of an agreement with a third party, including, but not limited to a lease or financing agreement; and

(b) All Hosts(owners) shall not make any false or misleading Vehicle listings.

(c) All Hosts(owners) shall verify the identity of Guests (Rental) prior to handing over the Motorbike to the Guest.(Rental) Hosts(owners) shall have the right to reject handing over the Motorbike to any other individual other than the Guest(Rental) or the approved Additional Driver and Hosts(owners) shall immediately report the same to Easybike.

22.5 Vehicle Availability. All Hosts(owners) shall ensure to adhere to the minimum Motorbike availability requirements for Motorbike on the Platform. In order to be eligible for Easybike Shield, Organic Hosts (owners) shall make the Motorbikes available for access by Guests (rentals) for a required minimum of days as depicted in Annex1-D. Failing to meet this minimum requirement over 2months within a 12-month period is subject to the cancellation of the Easybike Shield and removal of the Vehicle from listing.

22.6 Charges

Access Fees. You will have the ability to set and revise the Motorbike’s Access Fees & pricing in accordance with a range set by Easybike from time to time.
Payment. Easybike will pay you the Access Fees minus Easybike’s Marketplace Fees and Service Tax to your designated bank account. Pay-out of the Access Fee will only be processed after your Motorbike is used and the Motorbike key returned to you. Payment will be made every Tuesday (or the following Business Day ) based on batches. Bookings completed within Monday to Sunday will be considered as one batch and payment processing for each batch will take approximately 7 Business Days. Please note that the payment can take up to 1 Business Day to be processed by your selected bank and received in your designated bank account.
Deduction and Set-Off. To the extent any money is owed by you to Easybike for the Charges listed inparagraph7 or any other reasons, Easybike reserves the right to deduct or set-off such amounts from our payment to you.
Taxation

Earning made by you through Easybike may be taxable.
We are unable to provide tax advice or assistance ,and you shall be solely responsible for all your obligations under the taxation authorities.

Withholding of Payments We reserve the right at our sole discretion to suspend or withhold any payments in the event we have reason to believe that you are in breach of any of your obligations under the Terms, pending further investigation of the matter.

22.7 Maintenance

(a) You shall ensure that your Motorbike is in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements at all times. You shall properly schedule and record maintenance of the Motorbike using the applicable manufacturer’s maintenance schedule as a guide.

(b) You shall ensure that your Motorbike shall not be subject to any safety recalls or notices, and if yes you shall not list the Motorbike on the Platform unless you have responded to the safety recalls or notices and the subject matter of the safety recall or notice has been remedied.

22.8 Damage

(a) Physical Damage.

(i) It is compulsory for the Motorbike listings to obtain Easybike Shield. All Commercial Hosts shall maintain their own valid insurance cover age for the Commercial Hosts ’Motorbikes in accordance with the terms in Annex 2.

(ii) In the event of a loss or damage arising from a Trip for which an Organic Host is entitled to make claims, all claims shall be made in accordance with the Easybike Shield terms directly with Easybike. All claims made shall be subject to the investigation and approval of Easybike and the P2P Insurer. Easybike shall not be held liable for any unsuccessful claim(s).

(b) Damage Exclusions

(i) Easybike Shield is not responsible for any personal property, including any aftermarket installations and modifications that are taken from your Motorbike or damaged during a Trip. We recommend that you remove all personal property before making the Vehicle available for Bookings and Trips.

(ii) In addition, minor cosmetic damages on the Motorbike should be expected as normal wear and tear on your Vehicle.

(iii) You will not be reimbursed for normal wear and tear arising from ordinary use of your Motorbike.

(iv) Any Easybike Shield coverage provided by P2P Insurer may be voided if you:

(A) violate the Terms

(B) violate the terms of the Easybike Shield coverage policy;

(C) fail to verify that the Guest(Rental) has a valid and current driver’s license (Malaysian or International) before you provide the Guest your Motorbike; and/or

(D) submit in accurate information about your Motorbike when listing it on the Platform.

(v) Organic Hosts whose Motorbikes are not protected by Easybike Shield during the Grace Period shall be responsible to make a claim using their own existing Motorbike insurance policy for any damage or loss caused to the Motorbike during the Trip. Easybike may ,but shall not be obliged to assist the Organic Hosts in any insurance claim process. For the avoidance of doubt, Easybike shall not be held liable or responsible for any failure by the Organic Host to make a claim from their respective insurance company.

22.9 Reimbursement

(a) Hosts may use the Reporting Issues Function available on the Owner’s Account Dashboard ,to seek reimbursements for incidentals and/or damages to the Vehicle caused by Guests during a Trip.

(b) The Reporting Issues Function may be used for:

(i) Cost of petrol;

(ii)Excess mileage;

(iii)Cleaning and odours in Vehicle; and

(iv)Fines and penalties,

In each case with the proof of receipts and/or photographs which are adequate for Easybike to make an assessment of the issue or damage arising.

(c) The Hosts shall ensure that all issues and damages shall be reported within 48hours from the time the Trip is completed, failing which, Easybike reserves the right to decline or reject any claim for reimbursements.

(d) Easybike may charge a penalty on Hosts for any misuse and abuse of Reporting Issues Function for an amount as set out in Annex 1-A.

22.10 Delivery Service

(a) Hosts may opt for an optional delivery service provided by Easybike ,which does the following on behalf of Hosts:

(i) Key Handling. Handling of the keys to the Vehicle;

(ii) Car Delivery. Delivery of the Motorbike to a pre-determined location as agreed between the Host and the Guest to hand over the Vehicle;

(iii) Additional Customer Service. Communicating with Guests on behalf of Hosts, handling of inquiries etc.

(iv) Time. Delivery services shall be available at the time specified in Annex 1-F.

(b) The Charges for such delivery services will be borne equally between the Host and the Guest based on the Charges set out in Annex 1-F.

22.11 Extras

(a) GPS. Prior to accepting a Booking ,Hosts are obligated to ensure that their Vehicle is pre-installed with a sophisticated GPS and/or telematics or tracking device (“Ad-On Devices”). In the event a Motorbike is not pre-installed with such Ad-On Devices, the Host may request for provision and/or installation of the Ad-On Devices from Easybike ,subject to a payment of a refundable deposit (as provided in Annex1-A) and monthly fee payable to Easybike (based on the EASYBIKE Shield opted by the Host, as provided in Annex1-B), subject to compliance with the following terms: -

(i) Ownership. The right ,title, and interest in and to the Add-On Device (s) installed by Easybike shall be retained by Easybike.

(ii) Restrictions. Hosts shall not sell, give away, transfer, pledge ,alter ,damage or tamper with any Add-On Device(s) provided and/or installed by Easybike.

(iii) Loss or Damage. Hosts are responsible for the loss of or damage of the pre-installed Ad-On Device (s) and/or the Ad-On Device(s) provided and/or installed by Easybike.

(iv) Usability/Functionality. Hosts are responsible to ensure that the Ad-On Device (s) are not faulty. In the event an Ad-On Device is found to be tampered or not in working condition, the Hosts shall immediately notify Easybike .In no event shall Easybike be liable for any loss, damage, expenses or liability sustained or incurred by the Hosts as a result of a faulty or tampered Ad-On Device.

2.12 Hosts’ Discretion .Except for Instant Booking Vehicles ,it shall be the Hosts’ sole discretion to accept or reject a Booking.

22.13 Host Verification Photos. Hosts shall take and upload photos to the Platform of the existing mileage on the odometer of the Motorbike at the time of collection and return of the Motorbike by a Guest. Hosts shall ensure that the photos uploaded to the Platform for this purpose are genuine photos of the state of the Motorbike at the time of the collection or return (as the case maybe ). Any attempt to present or pass off any other photo (whether of the same Motorbike at a different time or of a different Motorbike all together ) other than photographs that are genuine shall be a breach of the Terms .

22.14 Commercial Hosts. Commercial Hosts shall also be subject to the terms and conditions of the Commercial Host Agreement and in the event of any inconsistency between the Terms and the Commercial Host Agreement, the terms of the Commercial Host Agreement shall prevail.

23. INSURANCE FOR HOSTS AND MINOR DAMAGES

23.1 Please refer to Annex 2 for the insurance requirements for Hosts and Vehicles.

23.2 Damages. We may at our discretion directly reimburse Hosts for damages:

(a) caused by the Guests during a Trip;

(b) for repair cost of minor damage following the threshold set out in Annex 1-G; and

23.3 Inconsistency. If there are any inconsistencies between the description of Preferred Insurance Coverage in the Terms and those stated in the insurance policy as provided by our Preferred Insurer, the Preferred Insurer’s insurance policy shall prevail.

PART C – TERMS APPLICABLE TO GUESTS

24. ELIGIBILITY

24.1 Guest Eligibility

(a) A User shall first register an Account AND be authorised by Easybike to be a Guest before the User can access and use the Motorbikes listed on the Platform. To be authorised as a Guest ,the Guest shall:

(i) be 19 years old and above;

(ii) possess a valid driving license (Malaysian (Competent Driving License or International equivalent);

(iii) have signed up for an Account by providing a valid email address and creating a password, or connecting through an existing Facebook or social network service account (if made available by Easybike);

(iv) provide Easybike with accurate, complete, and up to date information about the Guest, including scanned or digital images of the Guest’s NRIC and/or passports or any form of identifying document ,driving license, and any other documents as we may request;

(v) authorise Easybike to conduct any relevant background check and verification based on the information provided by the Guest, whether by Easybike or through a third-party;

(vi) not be suffering from any physical infirmity and/or impairment of vision and hearing, defective vision or hearing, or any other physical or mental conditions which may impair the Guest’s ability to operate the Vehicle in a safe and proper manner;

(vii) have no major violations or alcohol or drug related incidents in the past;

(viii) such other eligibility criteria that the Hosts may at its sole discretion impose in respect of their Motorbikes that are in addition to those criteria set out in this paragraph 24.1. Any such criteria imposed by a Host and any decisions made thereunder by the Host shall be final.

24.2 The authorisation of or the approval of Guests are made at the sole and absolute discretion of Easybike . The eligibility criteria in this paragraph 24 may be changed by us at anytime for any reason at our sole discretion. Easybike does not guarantee, and does not make any warranties or representations, or the ability of any Guest to operate the Motorbikes safely and competently. Please refer to paragraph 16 for further information on our excluded liability

25. OBLIGATIONS OF GUESTS

25.1 Charges. Guests shall pay all Charges when they become due by credit card ,debit card ,FPX, electronic wallet ,the Common Wallet or such other payment methods as may be accepted by Easybike from time to time, as set out in paragraph 7. Failure to pay any Charges will:

(a) lead to a declined Booking; and/or

(b) be deemed as a breach of the Terms.

25.2 Use of the Vehicle

(a) Vehicles shall not be used for the purposes below:

(i) for any illegal or morally objectionable purposes;

(ii) in a manner which will or is likely to cause damage to the Vehicle; and

(iii) to be driven outside of Malaysia;

(b) Furthermore, Guests and their passengers shall:

(i) operate Vehicle in a safe and proper manner;

(ii) not forge or cover the license plate of the Vehicle;

(iii) not operate the Motorbike while under the influence of drugs, alcohol or any other intoxicating substances;

(iv) not do any acts that will infringe or jeopardize the Hosts’ legal ownership of the Motorbike ,including, without limitation ,using the Motorbike as collateral, or selling the Motorbike;

(v) not to use the Motorbike for any commercial purposes including, without limitation, renting out the Motorbike or any other commercial purpose deemed inappropriate by Easybike; and

(vi) not use the Motorbike to tow any other vehicles or heavy objects or breach any fair use policies set by the Host.

(i) Guests shall collect the Motorbike from and return the Motorbike to the Designated Location.

(ii) If the Guests return the Motorbike to a location other than a Designated Location,the Guests shall immediately notify us via email easybikemy@gmail.com or live chat via the Easybike mobile application.

(iii) If the Motorbike is returned in a location other than a Designated Location,the Guests shall be liable to pay the applicable penalty as stated inparagraph 7.

(iv) When the Guests collect the Motorbike ,the Guests shall carefully inspect the Motorbike for any abnormalities or damages, take and upload to the Platform photos of:

(A) the exterior and interior of the Motorbike with sufficient detail and clarity to document and indicate any pre-existing damage or abnormalities to the Motorbike;

(B) the four exterior corners of the Motorbike;

(D) the existing mileage on the odometer of the Motorbike; (collectively, the “Guest Verification Photos”).

(v) Guests shall notify Easybike of any pre-existing damage or abnormalities before accepting the Vehicle. Failure to notify us of abnormalities or damages will render the Guests liable for causing any damage discovered on the Vehicle upon return.

(vi) Except for normal wear and tear from ordinary use, the Guests shall return the Motorbike in its original condition as confirmed at the beginning of the Trip.

(vii) Guests shall determine the level and amount of fuel at the time the Motorbike is collected and ensure that the amount of fuel is restored to the same level and amount at the Guest’s own cost (unless otherwise required by the Host ) at the time the Motorbike is returned to the Host at the end of the Trip.

(viii) Upon return of the Easybike at the Designated Location ,Guests shall take the Guest Verification Photos and upload the photos to the Platform.

(ix) Guests shall ensure that the Guest Verification Photos are genuine photos of the state of the Motorbike at the time of the collection or return (as the case maybe) .Any attempt to present or pass off any other photo (whether of the same Motorbike at a different time or of a different Motorbike all together)other than photographs that are genuine shall be a breach of the Terms.

25.3 Obligations of Guests. All Guests shall not:

(a) fail or be late to pay the Charges or other amounts owed to Easybike or another User;

(b) return the Vehicles late or improperly; and

25.4 Repossession

(a) We may take any lawful actions necessary for there-acquisition or re-possession of the Motorbike if you fail to return the Motorbike at the Designated Location to the Host at the end of the Trip.

(b) We reserve the right to contact or track the location of Guests who fail to return the Motorbike by whatever means necessary ,including via the GPS in the Motorbike (if any),for the purposes of ascertaining the location of the Vehicle. We, or our appointed service provider may also visit the residential or office address of the Guests who fail to return the Motorbike.

(c) We may take other necessary measures such as reporting the Motorbike as stolen to the police if we are unable to reach the Guests and/or when the Guests refuse or fail to return the Motorbike within 2 hours from the end of the Trip ,and Easybike ,or our Preferred Insurer or any appointed service provider may immediately commence legal action to recover all costs ,expenses and losses against the Guest.

25.5 Mileage. The maximum mileage allowed for each Trip is an aggregate of 200km per day, determined on an accumulated basis. The Guest shall pay for any additional mileage incurred in addition to 200km per day at the rate set out in Annex1-A

25.6 Primary Financial Responsibility. Guests are primarily responsible for all liabilities under the Terms with regard to Charges ,damage ,losses ,or other liabilities arising from the use of the Motorbike or any breach of the Terms. However, Guests may fund that primary liability via any personal insurance or any other means available to the Guests as the primary source of funds.

25.7 Commercial Host. A Commercial Host shall provide its own insurance ,collision damage waiver to the Guests. The Guests understand that, if the Motorbike selected is listed by a Commercial Host, all insurance coverage will be provided by the Commercial Host and no third-party liability insurance ,physical damage protection, and/or roadside assistance will be made available for the Services by Easybike or its Preferred Insurers.

25.8 Additional Driver. Only the Guests may operate the Motorbike accessed through the Services. However, with our prior approval, the Guests may choose to nominate up to 2 other drivers for the Trip (“Additional Drivers”). Additional Drivers shall only be approved if:

(a) the Additional Drivers agree to comply with and be subject to all the Terms of Service;

(b) the Additional Drivers have a valid Account; and

25.9 Non-collection.

Guests who do not collect the Motorbike on the agreed time and at the Designated Location will be subject to Charges depicted inAnnex1-A.

25.10 Lost Vehicles .If you lose the Motorbike during the Trip, or the Motorbike is stolen during the Trip ,or the Motorbike is missing for any reason ,you shall immediately notify Easybike and comply with the instructions given by Easybike and the Hosts, including to cooperate with filing a police report within 4 hours after discovering that the Motorbike has gone missing ,and cooperate fully with the authorities in all matters related to the investigation. We reserve the right to impose a penalty on you at our sole discretion in the event you do not offer your full cooperation to us in relation to facilitating the making of a police report and the ensuing investigations.

25.11 Delivery Services. In the event delivery services are requested for Trips ,the delivery services may be provided by Easybike and the Charges for such delivery services will be borne by the Guest based on the Charges set out in Annex 1-F.

26. PROTECTION FOR GUESTS

26.1 Intentionally deleted

26.2 Super Collision Damage Waiver

(a) Guests will have the option of subscribing to any one (1) of the following three (3) options of the SCDW from Easybike for an additional fee as prescribed in Annex 1-E: -

(i) Lite

(ii) Standard

(iii) Premium

(b) The SCDW will have the features below:

(i)Third Party Property Damage Liability Protection –Easybike Shield will indemnify the Guests for the amount which the Guests or the Guests’ Authorised Rider(s) are legally liable to pay for accident caused by or arising out of the use of the Motorbike .Easybike Shield provides property damage liability protection up to the amount specified in Annex 1-E for Guests who have opted for SCDW;

(ii) Coverage –

Damage to the Motorbike’s exterior
Damage to a third-party property
Motorbike theft
Loss or damage to the Motorbike from accident causes
Loss or damage caused by fire or theft (includes damages caused as a result of an attempted theft)
Broken windscreen
Towing services (in the event of an accident, offer of towing charges up to the maximum amount as stated in section 3 ofAnnex1-E,for transporting the Motorbike to the nearest repairer)

but excludes the following:-

- Fuel error

- Lost/damaged keys

- Damages to the Motorbike’s interior

- Any other damages that are not within SDWC coverage.

26.3 Applicability of Protection for Guests

Protection for Guests is only applicable to the Guest provided that:

(a) The Guest shall lodge a police report within 24 hours of the loss, damage or theft of the Motorbike;

(b) Where applicable, the Guest shall obtain the names, identity card or passport number and addresses of all parties involved, including any witnesses;

(c) The Guest shall not enter into any settlement relating to the loss, damage and/or theft of the Vehicle without the prior approval of Easybike;

(d) The Guest shall safeguard the Motorbike and ensure the Motorbike is secured (e.g. only parking in guarded parking lots, not leaving the Motorbike unlocked, not abandoning the Motorbike, not leaving any valuables in the Motorbike);

(e) The Guest shall promptly notify Easybike of such loss, damage or theft of the Motorbike;

(f) The Guest shall deliver all correspondence, writs or documents of any kind received by the Guest relating to such accident involving the Motorbike and shall fully cooperate with Easybike in the investigation and defence of any claim, prosecution or suit;

(g) The Guest shall not send the Motorbike for repair or allow any party to tow the Motorbike without the prior consent of Easybike;

(h) The Guest shall not abandon the Motorbike while waiting for help to arrive in the event of a breakdown or accident;

(i) The Guest has not breached any of the Terms; and

(j)The Guest has not violated any laws or regulations.

26.4 Limit of Protection for Guests

Protection to Guest shall not be applicable if the Motorbike has been driven or operated in any of the circumstances listed below , and the Guest shall be liable to pay Easybike the FULL costs of the damaged or stolen Motorbike and/or part (s) thereof ,including but not limited to the replacement ,repair ,labour , towing and storage costs as well as the Host’s loss of use of the Motorbike:

(a) The Vehicle has been driven or operated negligently or recklessly;

(b) The Vehicle has been driven or operated in violation of these Terms;

(d) The Vehicle has been driven or operated in violation of any laws or regulations ; and/or

(e) The Guest intentionally causes damage to the Vehicle.

26.5 Extra Payment

(i) If the Guest is involved in a traffic accident while operating the Motorbike ,and the Guest is deemed at fault following a police investigation or Easybike’s internal investigation, Easybike shall have the right to charge the Guest’s registered payment card or e-wallet immediately for the full costs of the damage and any applicable penalty as stated in Annex1-A (Guest Charges)(including the compensation for loss of use of the Motorbike).

(ii) The Guest shall be responsible for any damage or loss of property of Easybike (including any accessories) or any damage or loss of the Guest’s personal property during the Trip.

(iii) If an accident occurs and the damage sustained by the Vehicle is not under this Protection for Guests, the Guest is responsible for all costs of damage or loss of the Motorbike to Easybike.

(iv) Not with standing of an occurrence of a Force Majeure Event, the Guest is still liable to compensate the loss or damage that Easybike may suffer if the loss or damage of the Motorbike occurred during the Trip and the Guest does not cancel his reservation provided that the same is not covered under Protection for Guests.

(v) The Guest shall be liable for any third-party damage that is not covered under Protection for Guests.

(vi) The Guest shall pay for any damage caused to or losing the Vehicle keys

A.GUEST AND HOST CHARGES

Guest Charges
No	Change	Rates	Time of Payment
1	Access Fee	In accordance with Motorbike listings made by Hosts.	When Booking is accepted ,or ,in the case of Instant Booking Motorbike ,when Motorbike are Booked.
2	Petrol Replacement	Petrol is not included in Access Fee. Full cost of replacing fuel.	End of Trip
3	Guest Cancellation	Once paid, it cannot be cancel and the payment will not be refunded with any fees	On point of cancellation
4	Late return of Vehicle	? Less than 1hour of agreed time of return: No additional charge ? 1 - 6hours: additional charge of 6hours of daily Booking ? More than 6 hours: additional charge of 24 hours of daily booking	End of Trip
5	Summons and fines	Full cost/amount of summons and fines, including any applicable governmental charges.	End of Trip
6	Administration Fee	RM10, applicable for: Dispatching the Vehicle back to Host and/or communicating any traffic and /or parking violations (summons and fine)to the Member.	End of Trip

Guest Charges
No	Change	Rates	Time of Payment
7	Towing and Impounding	- No cost if the breakdown of the Motorbike is not attributable to the Guest’s act or omission. - Full cost of the breakdown if breakdown of the motorbike is caused by the Guest’s act or omission. (Easybike will be the final determining party)	End of Trip
8	Service Fee	RM100 (applicable when payment of summons and fine is made on behalf of the Guest)	End of Trip
9	Leaving Motorbike in a Prohibited Area	RM100 penalty (in addition to any summons and fine received, if applicable).	End of Trip
10	Not returning Vehicle	Rm100 penalty + Administration Fee + Rm2/km in case the distance from the Designated Location is more than 50km;and Suspension of the Account for period which Easybike deems fit.	End of Trip
11	Unregistered Additional Rider	RM300 penalty and suspension of the Account for a period which Easybike deems fit.	End of Trip
12	Refusal to give statement or cooperate with the Police or any other relevant authority for investigation purposes in relation to mishap/accident caused by the Guest or Additional Rider	RM300 penalty and suspension of the Account for a period which the Company deems fit	End of Trip