Provider Terms & Conditions

The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between you and SERV Technology Sdn. Bhd. (Company No. 1239648-V) (the “Company”). In order to use the Service (each as defined below), you must agree to the Terms and Conditions that are set out below. By using the platform supplied to you by the Company (the ”Platform”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking services to be matched with SERV Providers or third party service providers (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at https://www.serv.my or through the Platform. 

The Company offers information and a method for SERV Providers, and third party service providers to schedule, obtain and establish contact with Customers, and has no responsibility or liability for any services provided to Customers by you. The Company reserves the right to modify, vary or change the terms and conditions of this Agreement or its policies relating to the Service at any time as it deems fit. Such modifications, variations or changes to the Terms and Conditions policies relating to the Service shall be effective upon the posting of an updated version at https://www.serv.my. You agree that it shall be your responsibility to review this Agreement regularly whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. 

THE COMPANY IS A TECHNOLOGY COMPANY. THE SOFTWARE AND THE APPLICATION ARE INTENDED TO BE USED FOR FACILITATING YOU (AS A SERVICE PROVIDER) TO OFFER YOUR SERVICES TO YOUR CUSTOMER. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY SERVICES YOU PROVIDED TO YOUR CUSTOMERS, AND FOR ANY ILLEGAL ACTION COMMITTED BY YOU. YOU SHALL, AT ALL TIME, NOT CLAIM OR CAUSE ANY PERSON TO MISUNDERSTAND THAT YOU ARE THE AGENT, EMPLOYEE OR STAFF OF THE COMPANY, AND THE SERVICES PROVIDED BY YOU IS NOT, IN ANYWAY, BE DEEMED AS SERVICES OF THE COMPANY. 

You are forbidden from promoting competitors’ applications to the Customers. You are strictly forbidden to use the Service for such other purposes such as but not limited to data mining of the Company’s information or information related to the Platform or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and the Company reserves the right to take such action as may be appropriate or permitted under the laws against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you misuse the Service other than for the purpose for which it is intended to be used. 

By using the Platform, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. 

 

By using the Platform, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms and Conditions. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. 

 

You may only access the Platform using authorized and legal means. It is your responsibility to check and ensure that you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software. The Company reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device or for purposes other than which the Platform or Software is intended to be used.

 

By using the Service, you represent, warrant, undertake and agree that:

 

  • -You have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your motor vehicle/customer vehicle and/or business insurance to cover any anticipated losses related to the operation when delivering your service;

     

  • -You shall be solely responsible for any and all claims, judgments, and liabilities resulting from any accident, loss or damage including, but not limited to personal injuries, death, total loss and property damages which is due to or is alleged to be a result of the service howsoever provided;

     

  • -You shall be responsible and hold liabilities for the acts and any of the Services provided to the customer.

     

  • -You will only use the Service for lawful purposes;

     

  • -You will only use the Service for the purpose for which it is intended to be used;
     
  • -You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes; 

  • -You will not use the Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings; 

  • -You will not use the Service, Platform and/or Software for purposes other than obtaining the Service; 

  • -You shall not contact the Customers for purposes other than the Service;

  • -You shall not recruit, solicit, or contact via any medium, the Customers for any service or contracting for a business not affiliated with the Company without prior, written authorisation from the Company; 

  • -You shall not share the Customers contact information with any third party service provider; 

  • -You will not impair the proper operation of the network; 

  • -You will not try to harm the Service, Platform and/or the Software in any way whatsoever; 

  • -You will not copy, or distribute the Software or other content without written permission from the Company; 

  • -You will only use the Software and/or the Platform for your own use and will not resell it to a third party; 

  • -You will keep secure and confidential your account password or any identification we provide you which allows access to the Service; 

  • -You will provide us with whatever proof of identity we may reasonably request or require; 

  • -You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice; 

  • -You will only use an access point or data account (AP) which you are authorized to use; 

  • -You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing Customers; 

  • -You are aware that when responding to Customers’ requests for services, standard telecommunication charges will apply and which shall be solely borne by you; 

  • -You shall not impair or circumvent the proper operation of the network which the Service operates on; 

  • -You agree that the Service is provided on a reasonable effort basis; and 

  • -You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

The Customers rely on you for delivery or provision of the Services. You agree that high and/or frequent cancellation rates or ignoring the Customers’ bookings will impair the Customers’ experience and negatively impact the reputation and branding of SERV.

 

While you may cancel a  service request, the cancellation shall be based on acceptable cancellation reasons allowed by SERV. SERV reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a service request may be counted in determining if your access to the Service will be temporarily restricted.

Any Service Provider that received more than three (3) negative feedbacks will be suspended from being a Service Provider. SERV will conduct an investigation on the respective Service provider and this may result in being blacklisted from using the Platform.

The Customer may choose to pay for the Services by cash, bank transfer or credit or debit card ("Card"). Once the Customer pays for the Service by Card, all payments due to you, including tips (where applicable), for the Service will be channelled to you in the agreed quantum by the Company within T +7 days. You acknowledge settlement shall be provided on a “best-effort” basis based on the Financial Institutions' uptime and availability. All payments due to you, including tips (where applicable) will be transferred into the bank account provided by you. 

 

In the event that the Customer pays for the Service by cash, the payment will be held by you. Any complaint raised by the Customer regarding the Service during the warranty period would be under the Service Provider's responsibility. The Service Provider needs to fix or repair the problems and during the warranty period. Investigation of the complaints will be conducted and this may result in suspension from being a Service Provider throughout the investigation process. The investigation may result in being blacklisted from the Service Provider list.  

 

The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Customer to be in breach of the Terms and Conditions between the Customer and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you. You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however, denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement. 

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as they need to know it to fulfil its obligations under this Agreement. 

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information: 

  • -Was at the time of receipt already in the Recipient’s possession; 

  • -Is, or becomes in the future, public knowledge through no fault or omission of the Recipient; 

  • -Was received from a third-party having the right to disclose it, or 

  • -Is required to be disclosed by law.

During use of the Service, you may, subject to the Company’s prior written consent, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, Platform and/or the Software, and in no event shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms and Conditions. You recognize, however, that certain third-party providers of automotive service, goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers. 

 

The Company may rely on third-party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms and Conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny your use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at https://www.serv.my. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third-party Service Provider, other third-party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service

“Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation:

 

  • -Acts of God, fire, flood, drought, earthquake or other natural disaster;

  • -Epidemic or pandemic, whether it has been declared by the World Health Organisation;

  • -Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

  • -Nuclear, chemical or biological contamination or sonic boom;

  • -Any law or any action taken by a government or public authority, including without limitation imposing a nation-wide quarantine, an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;

  • -Collapse of buildings, fire, explosion or accident;

  • -Any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);

  • -Interruption or failure of utility service; or

  • -Any other similar events beyond the parties’ reasonable control which affects the general public.

 

If a party is directly prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (“Affected Party“), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations, provided it has complied with procedure and the failure or delay could not have been prevented by reasonable precautions. The time for performance of such obligations shall be extended accordingly.

 

The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.

 

The Affected Party shall:

  • -As soon as reasonably practicable after the start of the Force Majeure Event but no later than seven (7) days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; 

  • -Use all reasonable endeavours to perform its obligations under this Agreement or to mitigate the effect of the Force Majeure Event on the performance of its obligations.

 

If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than thirty (30) days, either party may terminate this agreement by giving seven (7) days’ written notice to the other party without being liable therefore in damages or compensation.

By agreeing to this Agreement upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (b) your violation of any rights of any third party, including, but not limited to Customer of your Service or the vehicle that you have control over, other motorists, and pedestrians, as a result of your own interaction with any third party (c) your use (or misuse) of the Platform and/or Software; and (d) your ownership, use or operation of the Customer vehicle, who have procured your automotive services via the Service, or of their goods.

SERV has the authority to update these Provider Terms and Conditions at any time and any amendments may be made without notice to you. We recommend you always be updated with this Provider Terms and Conditions. By proceeding to access or utilize Our Services after those corrections or changes become effective, you agree to be bound by the revised terms. In the event that you don't consent to the new Provider Terms and Conditions, you may stop using the Website and/or Our Services.

All of our rights are reserved.