THIS CUSTOMER USER AGREEMENT (this “Agreement”) is made

BETWEEN:

(1) JIFEE TECHNOLOGIES SDN BHD, a private limited company with its registered office at Unit 30, 1^st Floor, Block D, Madang Complex, Kampong Madang, Mukim Berakas, BC 3715, Brunei Darussalam (the “Company”);

AND

(2) You (the “Customer”).

(each to be referred to as a “Party” and all collectively as the “Parties”).

WHEREAS:

A. The Company is a technology services provider that does not provide or engage in the Delivery Services and the Company is not a provider of the Delivery Services.

B. The Company acts as an intermediary between the Customer and the Driver and only links the Customer with the Driver, but does not nor is it intended to provide Delivery Services or any act that can be construed in any way as an act of a Delivery Services provider.

C. The Company will facilitate the Customer with the Application intended for the Customer to utilise the Booking Services, and it is up to the Drivers to provide the Delivery Services and it is up to the Customer to accept such Delivery Services.

D. The Company offers information and a method for the Customer to utilise the Booking Services to schedule, obtain and establish contact with the Driver, but does not and does not intend to provide the Delivery Services directly or act in any way as a provider or carrier of the Delivery Services, and has no responsibility or liability for any Delivery Services provided to the Customer by the Driver.

NOW IT IS HEREBY AGREED as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings:

“Application”	:	means the mobile application and/or web application provided by the Company that enables the Customer to access for the purpose of seeking, receiving, and utilising on-demand requests for Booking Services and Delivery Services, as may be updated or modified from time to time.



“Booking Services”	:	means the technology platform provided by the Company via the Application to the Customer seeking Delivery Services to be matched with Drivers. Booking Services includes: (a) the allocation of suitable Drivers for booking of the Delivery Services, including but not limited to bookings requested in advance by using the “scheduled delivery” function in the Application, but without prejudice to the Company’s right at its sole and absolute discretion to decline any bookings; (b) keeping a record of each accepted booking; (c) remotely monitoring the performance of the booking by the Driver; and (d) receipt of and dealing with feedbacks relating to the bookings, which may be made by email to the Company using the support contact details via the Application.

“Business Days”	:	Includes Monday to Sunday and public holidays falling on any days in the week.

“Company Data”	:	means all data related to the access and use of the Application hereunder, including all data related to the Customer and Customer Information, all data related to the provision of Services via the Application, and the Driver ID.

“Confidential Information”	:	includes Company Data, Driver ID, Customer Information, and the transaction volume, marketing and business plans, business, financial, technical, operational, promotions and such other non-public information of each Party (whether disclosed in writing or verbally) that such Party designates as being proprietary or confidential or of which the other Party should reasonably know should be treated as confidential.



“Customer ID”	:	means the identification assigned by the Company to the Customer for accessing and using the Application and which will also be made available to the Driver in connection with the Customer’s request for and use of the Booking Services and Delivery Services; which may include the Customer’s name, pickup location, contact information, and photo.

“Customer Information”	:	for individual Customer, this means the Customer’s identification card number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, and any information about the Customer which he has provided to the Company in registration forms, application forms or any other similar forms and/or information about the Customer that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs, and also includes Customer ID. for business entity Customer, this means the Customer’s company and/or business registration number, address, telephone number, credit or debit card details, email address, and any information about the Customer which he has provided to the Company in registration forms, application forms or any other similar forms and/or information about the Customer that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to Customer’s clientele, and also includes Customer ID.

“Delivery Fee”	:	means the fee that the Customer will have to pay to the Driver for the Delivery Services.

“Driver”	:	means the provider to you of Delivery Services.

“Driver ID”	:	means the identification assigned by the Company to the Driver that enables the Driver to be identifiable by the Customer via the Application, including but not limited to his name, vehicle registration number, vehicle make, location, photo, race, and gender.

“Delivery Services”	:	means the picking up and delivering of the Customer’s item(s) to the intended recipient and destination within the Territory by the Driver. The Delivery Services include food delivery, instant couriers, and such other services that may be added on from time to time at the discretion of the Company. The Delivery Services does not include the transportation of individuals as the Delivery Services is not that of a taxi service

“Territory”	:	means Brunei Darussalam.

1.2 In this Agreement, a reference to:

(a) a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(b) “this Agreement” includes all amendments, additions, and variations thereto mutually agreed in writing between the Parties;

;

(d) “Headings” in this Agreement appended to the Clauses are for convenience only and have no legal effect to the construction of this Agreement; and

(e) “Recitals” and “Clauses” are to the recitals, and clauses of this Agreement (unless the context otherwise requires);

1.3 Unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neutral).

1.4 The words, “hereof,” “herein,” “hereon,” “hereunder,” and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement.

1.5 This Agreement, including the recitals and all supplementary terms, constitutes the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

1.6 In this Agreement, the words “including” and “include” mean “including, but not limited to.”

2. USING THE APPLICATION

2.1 Customer Account

2.1.1 If the Customer is an individual, the Customer must be at least eighteen (18) years old to obtain an active personal user account.

2.1.2 If the Customer is an incorporated company, the Customer must provide the Company with its company registration number. If the Customer is a sole proprietor or partnership enterprise, the Customer must provide the Company with its business registration number.

2.1.3 The Customer must provide the Company with whatever proof of identity the Company may reasonably request or require in the setting up of the Customer’s account.

2.1.4 The account registration requires the Customer to provide the Company with the Customer’s Customer Information.

2.1.5 The Customer’s failure to maintain accurate, complete, and up-to-date Customer Information in the account, including having an invalid or expired payment method , may result in the Customer’s inability to access and use the Booking Services, or the Company’s termination of this Agreement with the Customer.

2.1.6 The Customer is responsible for all activity that occurs under his account, and the Customer agrees to maintain the security and secrecy of his Customer ID at all times.

2.1.7 The Customer agrees to provide accurate, current and complete information as required by the Company and undertake the responsibility to maintain and update the Customer Information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement.

2.1.8 The Customer may not authorise third parties to use the Customer’s account.

2.1.9 The Customer may not assign or otherwise transfer his account to any other person or entity.

2.1.10 Unless otherwise permitted by the Company in writing, the Customer may only possess one account per Customer ID.

2.1.11 By creating an account, the Customer agrees that the Company may send you informational text messages (SMS) as part of the normal business operation of the Customer’s use of the Application.

2.1.12 The Company may at its sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Booking Services, Delivery Services, and/or third party services subject to any additional terms that the Company establishes on a per promotional code basis.

2.2 Customer IDs

2.2.1 The Company will issue the Customer with a Customer ID to enable the Customer to access and use the Application..

2.2.2 The Customer is to notify the Company immediately of any actual or suspected breach or improper use or disclosure of his Customer ID or the Application.

2.3 Provision of the Services

2.3.1 The Booking Services and Delivery Services are not available for use by persons under the age of eighteen (18).

2.3.2 When the Application is active, the Customer’s request for the Delivery Services may appear to the Driver via the Application if the Driver is available and in the vicinity of the Customer.

2.3.3 If the Customer is satisfied with the Delivery Fee put forward by a Driver and accepts the Driver’s bid for the Delivery Services, the Driver will be notified of his successful bid.

2.3.4 Alternatively, the Customer may request for Delivery Services with a specified Delivery Fee of the Customer’s choice to attract bidding from wiling Drivers, and the Customer will be notified of the first Driver who accepts the bid.

2.3.5 The Application will then provide the Driver with the Customer ID and/or any specified request provided by the Customer. It is the sole responsibility of the Customer to ensure that the specified request is coherent and legitimate.

2.3.6 Notwithstanding Clause 2.3.4, the Driver reserves sole discretion to offer a reasonable Delivery Fee he sees fit for the Delivery Services.

2.3.7 Once the Driver enters the bid for the Customer’s request for Delivery Services, the Application may provide the Customer with the Driver ID.

2.3.8 The Customer shall not contact any Driver or use any Driver ID for any reason other than for the purposes of fulfilling the Delivery Services.

2.3.9 The Customer retains the option, via the Application, to attempt to accept or to decline or ignore a Driver’s bid for Delivery Services via the Application, or to cancel the Booking Services and/or Delivery Services via the Application, subject to the Company’s then-current cancellation policies.

2.4 Customer Relationship with the Driver

The Customer acknowledges and agrees that:

2.4.1 The Driver’s provision of Delivery Services to the Customer creates a legal and direct business relationship between the Driver and the Customer, to which the Company is not a party;

2.4.2 The Company is not responsible or liable for the actions or inactions of a Customer in relation to the Driver, the Driver’s activities, or the Driver’s vehicle, and vice versa;

2.4.3 The Driver shall have the sole responsibility for any obligations or liabilities to the Customer, Customer’s recipient, or third parties that arise from the Driver’s provision of the Delivery Services;

2.4.4 The Customer is solely responsible for taking such precautions as may be reasonable and proper regarding any acts or omissions of the Driver;

2.4.5 The Company may release the Customer’s contact and/or insurance information to the Driver upon the Driver’s reasonable request; and

2.4.6 The Delivery Services shall not be used directly or indirectly for any unlawful activities whatsoever, including but not limited to the transportation of any banned, illegal or contraband items, and it is the Customer’s responsibility to ensure that his item(s) thereof does not and will not violate any applicable laws and regulations whatsoever.

2.5 Customer Relationship with the Company

The Customer acknowledges and agrees that:

2.5.1 His access and use of the Application, Booking Services, and Delivery Services constitutes the Customer’s agreement to be bound by the terms and conditions set forth in this Agreement, which establishes a legal and direct contractual relationship between the Company and the Customer.

2.5.2 If he does not agree to this Agreement, he may not access or use the Application, Booking Services, and the Delivery Services.

2.5.3 He remains the sole right to determine when and for how long he will utilise the Application.

2.5.4 He will comply with all applicable laws when using the Application, and may only use the Booking Services and Delivery Services for lawful purposes.

2.5.5 He will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.

2.5.6 The Company retains the right to, at any time at the Company’s sole discretion to deactivate or otherwise restrict the Customer from accessing or using the Application in the event of a violation of this Agreement, the Customer’s disparagement of the Company, the Customer’s act or omission that causes harm to the Company’s brand, reputation or business as determined by the Company in its sole discretion.

2.5.7 The Company also retains the right to deactivate or otherwise restrict the Customer from accessing or using the Application for any other reason at the sole and reasonable discretion of the Company.

2.6 Ratings

2.6.1 The Customer acknowledges that:

(a) after the completion of either the Booking Services and/or the Delivery Services, the Customer will be prompted by the Application to provide a rating of the Booking Services, the Driver and such Delivery Services, and optionally to provide comments or feedback about the Booking Services, the Driver and such Delivery Services;

(b) after the Driver provided the Delivery Services, the Driver will also be prompted by the Application to provide a rating of the Customer, and optionally to provide comments or feedback about the Customer; and

2.6.2 The Company reserves the right to use, share and display the Customer and the Driver’s ratings and comments in any manner in connection with the business of the Company without attribution to the Customer or the Customer’s approval.

2.6.3 The Company has the right to publish the Customer and the Driver’s ratings and comments, and the Company reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or the Company’s content policies.

2.7 Devices and Network Access

2.7.1 The Customer is responsible for obtaining the data network access necessary to use the Application.

2.7.2 The Customer’s mobile network’s data and messaging rates and fees may apply if the Customer access or use the Application from a wireless-enabled device.

2.7.3 The Customer is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application and any updates thereto.

2.7.4 The Company does not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices.

2.7.5 In addition, the Application may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

2.7.6 It is the Customer’s responsibility to check and ensure that he has downloaded the correct Application for his device.

2.7.7 The Company is not liable if the Customer does not have a compatible device or if the Customer has downloaded the wrong version of the Application to his device.

2.7.8 The Company reserves the right not to permit the Customer to use the Application should the Customer use the Application with an incompatible or unauthorised device for the purposes other than which the Application is intended to be used.

2.8 Location Based Services

The Customer acknowledges and agrees that:

2.8.1 His geo-location information must be provided to the Application via his device in order to obtain the Booking Services and Delivery Services.

2.8.2 His geo-location information will be monitored and tracked by the Application when he is logged in to the Application.

2.8.3 The approximate location of the Driver’s vehicle will be displayed to the Customer before the Booking Services and during the provision of the Delivery Services.

2.9 Customer Provided Content

2.9.1 The Company may at its sole discretion, permit the Customer from time to time to submit, upload, publish or otherwise make available to the Company via the Application textual and/or visual content and information, including commentary and feedback related to the Booking Services and Delivery Services, initiation of support requests, and submission of entries for competitions and promotions.

2.9.2 Any such customer provided content provided by the Customer remains the Customer’s property.

2.9.3 However, by providing such content to the Company, the Customer grants the Company a worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including in connection with the Application and the Company’s business and on third-party sites and services), without further notice to or consent from the Customer, and without the requirement of payment to the Customer or any other person or entity.

2.9.4 The Customer represents and warrants that:

(a) he is either the sole and exclusive owner of all customer provided content or he has all rights, licences, consents, and releases necessary to grant the Company the licence to the customer provided content as set forth above; and

(b) neither the customer provided content nor the Customer’s submission, uploading, publishing or otherwise making available of such content nor the Company’s use of the content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy or result in the violation of any applicable law or regulation.

2.9.5 The Customer agrees to not provide customer provided content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law.

2.9.6 The Company may, but shall not be obligated to, review, monitor, or remove the content, at the Company’s sole discretion at any time and for any reason, without notice to you.

3. FARE CHARGES

3.1 Once the Driver has won the bid for the Delivery Services, the Customer is required to make payment in full instantaneously on the Application.

3.1.1 If the Customer has any complaints in relation to the Delivery Services, then that dispute must be taken up with the Driver directly.

3.2 The Customer must pay for the Delivery Fee by credit or debit card.

3.3 In the event that the Customer cancels an accepted Booking Services request for Delivery Services, the Customer will still be charged and be liable for Delivery Fee.

3.4 As per Clause 2.1.13, the Company may, at its sole discretion, make promotional offers with different features and different rates that may be used for the payment of the fare.

3.4.1 the Customer agrees that the promotional codes:

(a) must be used for the intended audience and purpose, and in a lawful manner;

(b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the Company;

(d) may only be used pursuant to the specific term that the Company establishes for such promotional code;

(e) are not valid for cash; and

(f) may expire prior to the Customer use.

3.4.2 The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the promotional codes by the Customer in the event that the Company determines or believes that the use or redemption of the promotional code was in error, fraudulent, illegal, or in violation of the applicable promotional code terms or this Agreement.

3.5 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 agreement between the Customer and the Company.

4. RECEIPTS

4.1 Upon payment of the Delivery Fee, the Company will prepare an applicable receipt and issues such receipt to the Customer via email.

4.2 The receipts will include the breakdown of amounts charged to the Customer for the Booking Services and Delivery Services, and may include specific information about the Driver, including the Driver’s name, contact information and photo, as well as a map of the route the Driver took.

5. PROPRIETARY RIGHTS

5.1 Licence Grant

Subject to the terms and conditions of this Agreement, the Company hereby grants the Customer a non-exclusive, royalty-free, non-transferable, non-sublicensable, non-assignable licence, during the term of this Agreement, to use the Application in connection with the provision by the Company solely for the purpose of accessing the Booking Services and Delivery Services, and tracking resulting fares and fees.

5.2 Restrictions

5.2.1 The Customer shall not, and shall not allow any other party to:

(a) licence, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way;

(b) modify or make derivative works based on the Application;

(c) create internet “links” to the Application or “frame” or “mirror” any Application on any other server or wireless or internet-based device;

(d) reverse engineer or access the Application in order to build a competitive product or service, or build a product using similar ideas, features, functions or graphics of the Application;

(e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application;

(f) use any robot, spider, site search/ retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Booking Services and Delivery Services or its contents;

(g) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; and

(h) remove any copyright, trademark or other proprietary rights notices contained in the Booking Services and Delivery Services.

5.2.2 The Customer may use the Application only for his personal purposes, and shall not use the Application to:

(a) send spam or otherwise duplicative or unsolicited messages;

(b) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;

(c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;

(d) interfere with or disrupt the integrity or performance of the Application or the data contained therein;

(e) attempt to gain unauthorised access to the Application or its related systems or networks;

(f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and

(g) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

5.3 Ownership

5.3.1 The Application and Company Data, including all intellectual property rights therein are and shall remain (as between the Customer and the Company) the property of the Company or their respective licensors.

5.3.2 Neither this Agreement nor the Customer’s use of the Application conveys or grants to the Customer any rights:

(a) in or related to the Application or Company Data, except for the limited licence granted above; and

(b) to use or reference in any manner the Company’s or their respective licensor’s company names, logos, product and service names, trademarks, service marks, or other indicia of ownership.

5.3.3 Additionally, the Customer agrees that he will not try to register or otherwise claim ownership in any of the Company’s marks and names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.

6. CONFIDENTIALITY

6.1 Each Party acknowledges and agrees that in the performance of this Agreement, it may have access to or may be exposed to, directly or indirectly, Confidential Information.

6.2 Each Party acknowledges and agrees that:

(a) all Confidential Information shall remain the exclusive property of the disclosing Party;

(b) it shall not use Confidential Information of the other Party for any purposes except in furtherance of this Agreement;

(c) it shall not disclose Confidential Information of the other Party to any third party, except to its employees, officers, contractors, agents and service providers as necessary to perform under this Agreement, provided such persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and

(d) it shall return or destroy all Confidential Information of the disclosing Party upon the termination of this Agreement or at the request of the other Party (subject to applicable law and, with respect to the Company, its internal record-keeping requirements).

6.3 Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it:

(a) is or becomes part of the public domain through no act or omission on the part of the receiving Party;

(b) was possessed by the receiving Party prior to the date of this Agreement without an obligation of confidentiality;

(c) is disclosed to the receiving Party by a third party having no obligation of confidentiality with respect thereto; or

(d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving Party notifies the disclosing Party thereof and provides the disclosing Party a reasonable opportunity to contest or limit such required disclosure.

7. REPRESENTATION AND WARRANTIES

7.1 Customer’s Representation and Warranties

7.1.1 By using the Application and utilising the Booking Services and/or Delivery Services, the Customer expressly represent and warrant that:

(a) he is at least eighteen (18) years old, without limiting the generality of the foregoing, the Application 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;

(b) he has the right, authority and capacity to use the Application, and abide by the terms and conditions set out in this Agreement;

(d) the use of the Application is for his own sole, personal use, and only for the purposes of obtaining the Booking Services and/or Delivery Services, and will not resell it to a third party;

(e) he would not authorise others to use his Customer ID, and he will not assign or otherwise transfer his account to any other person or entity;

(f) he agrees to comply with all applicable laws and use the Booking Services and Delivery Services for lawful purposes;

;

(g) he will access the Application using only authorised means and use the Booking Services and/or Delivery Services for the purpose for which it is intended to be used;

(h) he will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

(i) he will not use the Application to cause nuisance, annoyance, inconvenience or make fake bookings;

(j) he will not contact the Driver for purposes other than that of the Delivery Services;

(k) he will not impair the proper operation of the network;

(l) he will not intentionally or unintentionally cause or attempt to cause damage to the Company and/or the Driver;

(m) he will not try to harm the Application, Booking Services, and Delivery Services in any way whatsoever;

(n) he will not copy or distribute the Application or other content without written permission from the Company;

(o) if any of the Customer 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 the Customer’s use of the Application at any time with or without notice;

(p) he will not employ any means to defraud the Company or enrich himself through any means whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Application by new or existing customers;

(q) he will not impair or circumvent the proper operation of the network which the Application operates on;

(r) he agrees that the Booking Services and Delivery Services are provided on a reasonable effort basis; and

(s) his use of the Application will be subject to the Company’s privacy policy as may be amended from time to time.

7.2 Company’s Disclaimer of Warranties

7.2.1 The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Booking Services, Delivery Services and/or Application.

7.2.2 The Company provide, and the Customer accepts that the Application and provision of Booking Services and/or Delivery Services is on an “as is” and “as available” basis.

7.2.3 The Company does not represent or warrant that:

(a) the use of the Booking Services, Delivery Services and/or Application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data;

(b) the Booking Services and/or Delivery Services will meet the Customer’s requirement or expectation;

(d) the quality of any products, services, information, or other materials purchased or obtained by the Customer through the Application will meet the Customer’s requirement or expectation;

(e) errors or defects in the Application will be corrected; and

(f) the Application or the server(s) that make the Application available are free of viruses or other harmful components.

7.2.4 All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.

7.2.5 The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any Booking Services and/or Delivery Services, including but not limited to the third party services obtained by or from third parties through the use of the Booking Services, Delivery Services and/or Application.

7.2.6 The Company does not guarantee the availability or uptime of the Application, and that the Application may be unavailable at any time and for any reason, e.g. due to scheduled maintenance or network failure.

8. THIRD PARTY INTERACTIONS

8.1 During use of the Application, the Customer may 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 Application and/or during the course of Booking Services and/or Delivery Services.

8.2 Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between the Customer and the applicable third party.

8.3 The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between the Customer and the third party.

8.4 The Company does not endorse any applications or sites on the internet that are linked through the Application, and in no event, shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.

8.5 The Company may rely on third party advertising and marketing supplied through the Application and other mechanisms to subsidise the Application and/or to earn additional revenue.

8.6 By agreeing to this Agreement, the Customer agrees to receive such advertising and marketing.

8.7 If the Customer does not want to receive such advertising, the Customer should notify the Company in writing or in accordance with the procedure determined by the Company.

8.8 The Customer agrees and allow the Company to compile and release information regarding the Customer and the Customer’s use of the Application on an anonymous basis as part of a customer profile or similar report or analysis.

8.9 The Customer agrees that it is the Customer’s responsibility to take all precautions in all actions and interactions with any third party services, other third party providers, advertisers, and/or sponsors the Customer interact with through the Application and/or advertising or marketing material supplied through the Application.

9. LIMITATION OF LIABILITY

9.1 Any claims against the Company by the Customer shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from the Customer in utilising the Application, the Booking Services and/or the Delivery Services during the event giving rise to such claims.

9.2 In no event shall the Company be liable under or related to this Agreement for any of the following, whether based on contract, tort or any other legal theory, even if a Party has been advised of the possibility of such damages:

(a) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind;

(b) the Customer or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage;

(d) any reliance placed by the Customer on the completeness, accuracy or existence of any advertising; and/or

(e) as a result of any relationship or transaction between the Customer and a third party provider, advertiser or sponsor whose advertising appears on the Application or is referred to by the Booking Services, Delivery Services and/or Application, even if the Company and/or its licensors have been previously advised of the possibly of such damages.

9.3 The Company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including, advertisers and/or sponsors and the Customer expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to the third party providers including advertiser and/or sponsors.

9.4 The Company will not be a party to disputes, negotiations of disputes between the Customer and such third party providers including advertisers and/or sponsors.

9.5 The Customer acknowledges and agrees that any and all claims the Customer has or purport to have against the Company should be notified to the Company within one (1) year after the event(s) that gave rise to such claim and that the Customer forfeit all rights in respect of that claim if the Customer fails to do so.

9.6 These limitations do not purport to limit liability that cannot be excluded under applicable law.

10. INDEMNIFICATION

By agreeing to this Agreement upon using the Application, the Customer agrees that the Customer shall defend, indemnify and hold the Company, its licensors and each such Party’s parent organisations, subsidiaries, affiliates, officers, directors, members, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with:

(a) the Customer’s 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) the Customer’s violation of any rights of any third party, including, but not limited to the delivery item(s); and

11. MODIFICATION

11.1 The Company reserves the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement on the online portal available to the Driver on the Application.

11.2 The Company reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time.

11.3 The Driver hereby acknowledges and agrees that, by using the Application, or downloading, installing or using the Application, the Driver is bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to fares and fees.

11.4 Continued use of the Application after any such changes shall constitute the Customer’s consent to such changes.

12. SUPPLEMENTAL TERMS

12.1 Supplemental terms may apply to the Customer’s use of the Application, such as policies or terms related to certain features and functionality, which may be modified from time to time.

12.2 The Customer may be presented with certain supplemental terms from time to time.

12.3 Supplemental terms are in addition to, and shall be deemed a part of, this Agreement.

12.4 Supplemental terms shall prevail over this Agreement in the event of a conflict.

13. NOTICE

13.1 The Company may give notice by means of a general notice on the Application, or electronic mail to the Customer’s email address in the records of the Company.

13.2 Such notice shall be deemed to have been given upon the expiration of one (1) hour after sending.

13.3 The Customer may give notice to the Company (such notice shall be deemed given when received by the Company) by email, or by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

14. ASSIGNMENT

14.1 The Agreement as constituted by the terms and conditions as modified from time to time may not be assigned by the Customer without the prior written approval of the Company but may be assigned without the Customer’s consent by the Company.

14.2 Should the Company do so, the Customer has the right to terminate this Agreement immediately, without prior notice.

14.3 Any purported assignment by the Customer in violation of this clause shall be void.

15. SEVERABILITY

15.1 If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under the law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remainder of this Agreement shall not be affected.

15.2 In that event, the Parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of this Agreement.

16. NO THIRD PARTY BENEFICIARIES

16.1 The Customer acknowledges that there are no third party beneficiaries to this Agreement.

16.2 Nothing contained in this Agreement is intended to or shall be interpreted to create any third party beneficiary claims.

17. TIME OF ESSENCE

Any time or period mentioned in any provision of this Agreement may be extended by mutual agreement between the Parties hereto but as regards any time, date or period originally fixed or any time, date or period so extended as aforesaid, time shall be of the essence.

18. NO PARTNERSHIP

The relationship between the Parties shall not constitute a partnership.

19. DISPUTE RESOLUTION

19.1 The Parties shall make every effort to amicably resolve, by direct informal negotiation, any dispute arising between them pursuant to or in connection with this Agreement.

19.2 If the Parties are unable to amicably resolve any dispute within thirty (30) days from the date when such dispute arose, either Party shall require that the dispute be referred for resolution by arbitration in accordance with the provisions of the Arbitration Order, 2009.

19.3 The Arbitration Tribunal shall consist of a single arbitrator, such person to be agreed between the Parties, or failing so, to be nominated in accordance with the Arbitration Order, 2009. The applicable rules of Arbitration shall be the UNCITRAL Rules of Arbitration.

19.4 The seat and place of arbitration shall be Brunei Darussalam and the language of arbitration shall be English.

19.5 All rights and obligations of the parties under this Agreement shall continue in full force and effect pending the final outcome of such arbitration.

19.6 Any reference to arbitration under this clause shall be a submission to arbitration within the meaning of the Arbitration Order, 2009 for the time being in force in Brunei Darussalam.

19.7 The application of Part II of the International Arbitration Order, 2009 and the Model Law referred thereto, to this Agreement is hereby excluded.

20. GOVERNING LAW

This Agreement is governed by, and shall be construed in accordance with the laws of Brunei Darussalam.

By clicking “I accept” (as such may be required by applicable law), the Customer expressly acknowledge that the Customer have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that the Customer agrees to be bound by the terms and conditions of this Agreement, and that the Customer is legally competent to enter into this Agreement with the Company.

Jifee - User Terms and Conditions

17. TIME OF ESSENCE