TERMS AND CONDITIONS HIRERS These Terms and Conditions set out the basis which CAR CHILLI PTE. LTD. (UEN No. 202118301R) (the “Company”, “we”, “us”, or “our”) operates its online car sharing platform and provides its car sharing services, in relation to Hirers. DEFINITIONS 1.In these Terms and Conditions, except to the extent that the context requires otherwise:- “Authorised Driver” means the driver duly notified and authorised by the Hirer through the Platform, and in accordance with the policies of the Company. “COE” means the Certificate of Entitlement in accordance with the laws and regulations of Singapore. “Drop-off” means the drop-off of the Vehicle by the Hirer. “Drop-off Point” means the drop-off point of the Vehicle as determined by the Owner on the Platform. “GPS Kit” means a Global Positioning System kit. “GST” means the goods and services tax under the Goods and Services Tax Act (Cap. 117A). “Hirer” means a person who hires a Vehicle on the Platform. “Owner” means a person who has a Vehicle to rent on the Platform and shall include, where applicable, the Company. “personal data” means data, whether true or not, about an individual who can be identified: (a)from that data; or (b)from that data and other information to which we have or are likely to have access. “Pick-up” means the pick-up of the Vehicle by the Hirer. “Pick-up Point” means the pick-up point of the Vehicle as determined by the Owner on the Platform. “Platform” means the Company’s online car sharing platform, including its website and mobile application. “Rental” means the rental of the Vehicle through the Platform. “Rental Fee” means the rental fee in respect of the Vehicle, as determined by the Hirer and Owner on the Platform. “Rental Period” means the rental period in respect of the Vehicle, as determined by the Hirer and Owner on the Platform. “Vehicle” means a vehicle defined under the Road Traffic Act (Cap. 276) as a motor vehicle and registered with the Land Transport Authority as belonging to an Owner and listed on the Platform by that Owner. 2.In these Terms and Conditions:- 2.1.the singular includes the plural and vice versa, words importing gender shall include both genders and the neuter and references to persons shall include corporations; 2.2.references to the parties hereto shall include (and these Terms and Conditions shall bind) their respective permitted assignees and/or their respective successors-in-title to substantially the whole of their respective undertakings and/or their personal representatives; 2.3.the headings are for convenience and reference only and shall not affect the interpretation of these Terms and Conditions. COMMENCEMENT 3.These Terms and Conditions shall commence when the Hirer takes steps to register with the Company through its Platform. SERVICE FEE 4.The Hirer must pay to the Company a service fee (inclusive of insurance and GST) per hire of a Vehicle on the Platform, as determined by the Company and set out in Annex A. CONDITIONS OF REGISTRATION OF HIRER OR AUTHORISED DRIVER ON THE PLATFORM 5.To be qualified for registration on the Platform, the Hirer or Authorised Driver must: 5.1.Be at least 22 years of age or fulfil the required age limit set by the Owner, whichever is higher. 5.2.Possess a valid Singapore driving licence or a valid converted foreign driving licence. 5.3.Have at least two (2) years of driving experience or fulfil the required experience set by the Owner, whichever is higher. 5.4.Not have any eye disease(s) such as colour deficiency, epilepsy, mental disorder, sudden attack of giddiness or any disability, illness or physical condition which is likely to cause the driving of a vehicle to be a source of danger to the public. 5.5.Need to produce proof of employment otherwise pay a refundable deposit of $500 to be registered as approved hirer. Refer to Annex B for details on refundable deposit. 5.6.Comply with any other requirements that the Company may prescribe. REGISTRATION OF HIRER OR AUTHORISED DRIVER ON THE PLATFORM 6.When registering the Hirer or Authorised Driver on the Platform, the Hirer must provide the following information: 6.1.Full name according to the identification card or passport of the Hirer and Authorised Driver (where applicable). 6.2.Age of the Hirer and Authorised Driver (where applicable). 6.3.Nationality of the Hirer and Authorised Driver (where applicable). 6.4. Clear copy of the identification card or passport of the Hirer and Authorised Driver (where applicable). 6.5.Clear copy of the valid Singapore driving licence or valid converted foreign driving licence of the Hirer and Authorised Driver (where applicable). 6.6. The criminal or road traffic records of the Hirer or Authorised Driver (where applicable). 6.7.Whether or not the Hirer or Authorised Driver (where applicable) has been blacklisted by other car rental companies. 6.8. Any other information that the Company may require. COMPANY MAY REQUIRE ADDITIONAL INFORMATION 7. Notwithstanding Clauses ‎5 or ‎6, the Company may require additional information and may conduct further searches or interviews with any Hirer or Authorised Driver, in any manner that the Company deems fit. This may include any Hirer or Authorised Driver who had been previously registered on the Platform. COMPANY MAY REFUSE REGISTRATION 8. Notwithstanding Clauses ‎5, ‎6 or ‎7, the Company may at its sole discretion refuse to register of any Hirer or Authorised Driver on the Platform. The Company shall be under no obligation to give reasons for the refusal of registration. The Company’s decision shall be final. PAYMENT BY CREDIT CARD, ETC. 9. All payments on the Platform shall be made by credit card, or such other mode of payment that the Company may prescribe. PROVISION OF INFORMATION 10. The Hirer must provide all necessary information as required by the Company for the purposes of renting a Vehicle on the Platform, including all necessary information regarding any Authorised Driver (where applicable). The Hirer must ensure that the information provided is complete, accurate and updated. GPS KIT 11. The Hirer must ensure that the GPS Kit provided by the Company is installed on the Vehicle upon commencement of the Rental Period, and ensure that the GPS Kit is in good and serviceable condition at all times during the Rental Period. The Hirer shall not tamper with the GPS Kit. In the event the GPS Kit is in need of maintenance or replacement during the Rental Period, the Hirer must notify the Company, which will maintain and replace the GPS Kit. HIRER TO ENSURE COMPLIANCE BY AUTHORISED DRIVER 12. The Hirer must ensure that the Authorised Driver complies with all obligations under these Terms and Conditions. INDEMNITY AGAINST LOSS OR DAMAGE CAUSED BY AUTHORISED DRIVER 13. The Hirer must indemnify the Company against any loss or damage caused by the Authorised Driver, whether in contract, tort (including negligence), breach of statutory duty, or otherwise. GEOGRAPHICAL RESTRICTIONS 14. The Hirer and Authorised Driver (where applicable) must at all times comply with the geographical restrictions as follows: 14.1. The geographical restrictions imposed by the Company and the Owner on the usage of the Vehicle through the Platform. The Hirer and Authorised Driver (where applicable) must not use or allow the Vehicle to be used in contravention of the geographical restrictions. 14.2. The Vehicle shall only be used in in the Republic of Singapore, West Malaysia and Thailand (but only within 80km of the border of Malaysia). Additionally, the Vehicle may permitted to be placed in transit by sea during direct sea route across; 14.2.1.the straits between Penang and the mainland of West Malaysia; 14.2.2.the straits between Changi Point, Singapore and Tanjong Belungkor, Johor. PERMISSION TO HIRER 15.The Owner shall permit the Hirer to hire and use the Vehicle for the duration of the Rental Period, in accordance with these Terms and Conditions. The Owner must ensure that the Vehicle is available for the duration of the Rental Period. PERMISSION TO AUTHORISED DRIVER 16.Where there is an Authorised Driver, the Owner shall permit the Authorised Driver to use the Vehicle for the duration of the Rental Period, in accordance with these Terms and Conditions. The Owner must ensure that the Vehicle is available for the duration of the Rental Period. VEHICLE TO REMAIN PROPERTY OF OWNER 17.The Vehicle shall at all times remain the property of the Owner, and the Hirer or Authorised Driver shall have no right, title or interest in or to the Vehicle. PERSONAL BELONGINGS 18.The Hirer or Authorised Driver must not remove from the Vehicle any personal belongings belonging to the Owner, including but not limited to such belongings that are reasonably necessary for the proper functioning of the Vehicle. In the event of any loss, theft, damage or destruction of any personal belongings of the Owner, including through negligence or theft by the Hirer or any other person, the Company shall be entitled to claim against the Hirer in respect of such loss or damage. PICK-UP POINT 19.The Owner shall designate a Pick-up Point through the Platform, where the Hirer shall pick up the Vehicle at the start of the Rental Period. In addition: 19.1. The Owner must ensure that the Vehicle is located at the Pick-up Point at the start of the Rental Period. 19.2. In the event the Vehicle is not located off at the Pick-up Point at the start of the Rental Period, the Hirer shall immediately inform the Company through the Platform. 19.3. In the event the Vehicle is not located at the Pick-up Point at the start of the Rental Period, the Rental shall immediately be cancelled and the Hirer shall be entitled to a refund of the Rental Fee. 19.4. The Owner must ensure that the Vehicle is in a good, serviceable and roadworthy condition, in full compliance with all applicable inspection and registration requirements, at the start of the Rental Period. DUTY OF HIRER TO INSPECT VEHICLE AT PICK-UP 20.At the start of the Rental Period, the Hirer must inspect the Vehicle and provide information relating to the Vehicle on the Platform, as follows: 20.1.The Hirer must inspect the Vehicle, including any loss or damage to the Vehicle and whether the Vehicle complies with the description on the Platform. 20.2. The Hirer must take and upload photographs of the Vehicle onto the Platform. 20.3. The Hirer must report any loss or damage to the Vehicle immediately at the start of the Rental Period. 20.4. In the event the Hirer fails to upload any photograph or report any loss or damage, the photograph(s) or report(s) of previous Hirer(s) shall be deemed to reflect the state of the Vehicle at the start of the Rental Period. 20.5. The Hirer must ensure that the information provided is complete, accurate and updated. DUTY OF HIRER DURING THE RENTAL PERIOD 21.During the Rental Period, the Hirer must: 21.1. Ensure that the Vehicle is operated with due care and diligence; 21.2. Ensure that the Vehicle is only operated by the Hirer, or the Authorised Driver; 21.3. Comply with all applicable rules and regulations, including any road traffic codes; 21.4.Maintain at his or her own expense the Vehicle in the same condition as at the commencement of the Rental Period (fair wear and tear only excepted); 21.5. Comply with these Terms and Conditions and any other policies of the Company; 21.6. Not sell or offer for sale, underlet or sublet the Vehicle or allow the creation of any mortgage, charge, lien or other security interest in respect of the Vehicle, or attempt to do so, whether directly or indirectly; 21.7. Not use or allow the Vehicle to be used for any illegal or immoral purpose; 21.8. Not do or allow to be done anything which may adversely affect the interests of the Owner or the Company in respect of the Vehicle, including any insurance policies taken out by the Owner or the Company in respect of the Vehicle. 21.9. Bear the risk of loss, theft, damage or destruction of the Vehicle. FUEL 22.The Hirer must ensure that the Vehicle’s fuel is at the same level as during start of the Rental Period. DROP-OFF POINT, LATE RETURN AND MISSING VEHICLE 23.The Owner shall designate a Drop-off Point through the Platform, where the Hirer shall drop off the Vehicle at the end of the Rental Period. In addition: 23.1. The Hirer must ensure that the Vehicle is located at the Drop-off Point at the end of the Rental Period. 23.2. In the event the Vehicle is not located off at the Drop-offPoint at the end of Rental Period, the late return policy in Annex C shall apply. 23.3. In the event the Vehicle is not dropped off at the Drop-off Point within two (2) hours after the end of the Rental Period, the Owner shall immediately inform the Company through the Platform, and the Vehicle shall be deemed to be missing and the missing Vehicle policy in Annex D shall apply. 23.4. The Hirer must ensure that the Vehicle is in the same condition (fair wear and tear excepted) at the end of the Rental Period as at the start of the Rental Period. DUTY OF HIRER TO INSPECT VEHICLE AT DROP-OFF 24.At the end of the Rental Period, the Hirer must inspect the Vehicle and provide information relating to the Vehicle on the Platform, as follows: 24.1.The Hirer must inspect the Vehicle, including any loss or damage to the Vehicle. 24.2.The Hirer must take and upload photographs of the Vehicle onto the Platform. 24.3.The Hirer must report any loss or damage to the Vehicle immediately at the end of the Rental Period. 24.4.In the event the Hirer fails to upload any photograph or report any loss or damage, the photograph(s) or report(s) of previous Hirer(s) shall be deemed to reflect the state of the Vehicle at the end of the Rental Period. 24.5.The Hirer must ensure that the information provided is complete, accurate and updated. PROHIBITED CONDUCT 25.The Hirer and Authorised Driver (where applicable) must not at any time engage in any of the following prohibited conduct: 25.1.Drive or allow the Vehicle to be driven by a person who is not the Hirer or Authorised Driver; 25.2.Drive or allow the Vehicle to be driven by a person who does not have a driver's licence when required by law to have one; 25.3.Drive or allow the Vehicle to be driven by any person under the influence of intoxicating liquor or drugs or medication; 25.4.Use or allow the Vehicle to be used to transport any dangerous or illegal materials or substances; 25.5.Use or allow the Vehicle to be used for the purposes of racing, pace making, reliability trial or speed testing; 25.6.Any other prohibited conduct as may be determined by the Company from time to time. COMPLIANCE WITH LAWS AND REGULATIONS 26.The Hirer and Authorised Driver (where applicable) must comply with all applicable laws and regulations during the Rental Period. REPRESENTATIONS AND WARRANTIES 27.The Hirer represents and warrants that: 27.1.The Hirer and, where applicable, any Authorised Driver has a valid driving licence during the Rental Period; 27.2.The Hirer and, where applicable, any Authorised Driver is not under any disqualification or suspension of his or her driving licence during the Rental Period; 27.3.The information provided to the Company in relation to the Hirer and, where applicable, any Authorised Driver is complete, accurate and updated. USE OF THE PLATFORM 28.The Hirer must comply with the following in relation to the use of the Platform: 28.1.The Hirer must not use the Platform for any illegal purpose. 28.2.The Hirer must not send any communications through the Platform that are threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, harassment, alarm or distress to any other person. 28.3.The Hirer must not use the Platform to advertise, promote or market any products or services by third parties or the Hirer. 28.4.The Hirer must not use the Platform to promote any religious, political or ideological group or cause. 28.5.The Hirer must not collect, use or disclose any personal data through or on the Platform, except to the extent permitted by law. 28.6.The Hirer authorizes all relevant charges to be directly charged to or deducted from the valid credit or debit card and/or Payment Account for the duration of the Hire Period and up to 30 days following its conclusion. COMPANY MAY ADVERTISE ON PLATFORM 29.The Company may advertise its products and services, or the products and services of any third party, on the Platform. LIMITATION OF LIABILITY 30.Subject to the laws of Singapore, the Company shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions for: 30.1.loss of profits, sales, business, or revenue; 30.2.business interruption; 30.3.loss of anticipated savings; 30.4.loss or corruption of data or information; 30.5.cost of substitute products or services; 30.6.loss of business opportunity, goodwill or reputation; or 30.7.any incidental, special, indirect or consequential loss or damage. PERSONAL DATA 31.The parties agree that the Company may collect, use and disclose their personal data for the purposes of the services provided by the Company. Subject to any applicable law, the Company may collect, use and disclose in accordance with these Terms and Conditions and the Company’s Privacy Policy. 24-HOUR HELPLINE 32.The Company will maintain a 24-hour helpline, available throughout the week regardless of public or other holidays, for the purposes of assisting Hirers, Authorised Drivers and Owners in relation to the services provided under these Terms and Conditions. COMPANY TO PROVIDE ASSISTANCE 33.In the event of any Vehicle fault, breakdown or accident during the Rental Period, the Company will provide assistance to the Hirer as soon as possible after being notified of such fault, breakdown or accident. CLAIMS IN RELATION TO VEHICLE MAINTENANCE OR REPAIRS 34.In the event of any claims in relation to Vehicle maintenance or repairs, the Company will provide assistance to the Hirer as soon as possible after being notified of such claims. DUTY TO COOPERATE 35.In the event of any Vehicle fault, breakdown or accident during the Rental Period, the Hirer and/or Authorised Driver (where applicable): 35.1.Shall immediately notify the Company, comply with the Company’s instructions and cooperate with the Company in all matters relating to the Vehicle fault, breakdown or accident; 35.2.Shall not do anything that may prejudice the Company’s rights, the Owner’s rights or any other party’s rights, including rights under any insurance policy; 35.3.Shall not leave the Vehicle unattended without taking proper precautions to prevent further loss or damage; 35.4.Shall not admit liability, or negotiate, pay or settle a claim with anyone else; 35.5.Shall do everything they can to limit and prevent further loss, damage or injury; 35.6.Shall immediately notify or forward to the Company every letter, claim, writ, summons and process they receive; 35.7.Shall immediately notify after any person claiming to be indemnified shall have knowledge of any impending prosecution, inquest, inquiry or offer of composition in connection with any such fault, breakdown or accident; 35.8.Shall immediately provide to the Company any information and help the Company may need, including to attend court to give evidence if necessary. INSURANCE 36.The Owner shall at all times maintain motor car insurance in respect of the Vehicle, and shall deem or otherwise cause the Hirer and the Authorised Driver (where applicable) to be deemed an authorised driver (or such equivalent status) under the insurance policy. In the event the Owner fails to maintain a valid insurance in respect of the Vehicle and/or the Hirer, the Owner shall fully indemnify the Company, the Hirer, the Authorised Driver (where applicable) and/or any third parties in respect of any loss, damage, cost and expenses incurred during the Rental Period. REMOVAL FROM PLATFORM, ETC. 37.In the event of non-compliance with any obligations under these Terms and Conditions, the Company may suspend, remove, refuse to register, or decline any service to any Hirer or Owner or in respect of any Vehicle for such time as the Company deems fit. TERMINATION 38.These Terms and Conditions will terminate at the point which: 38.1.The Hirer commits a material breach of any of the obligations under these Terms and Conditions; 38.2.The Hirer ceases to be registered with the Company through its Platform. RIGHTS AND OBLIGATIONS ACCRUED UP TO TERMINATION 39.Termination of these Terms and Conditions will be without prejudice to the rights and obligations of the parties accrued up to the date of termination. FORCE MAJEURE 40.Neither Party shall have any liability under or be deemed to be in breach of these Terms and Conditions for any delays or failures in performance of these Terms and Conditions that result from circumstances beyond the reasonable control of that Party. WAIVER 41.No failure or delay by the Company in exercising any right, power or privilege under these Terms and Conditions will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law. NO CONTRACTUAL RELATIONSHIP BETWEEN HIRER, AUTHORISED DRIVER AND OWNER 42.These Terms and Conditions shall constitute an agreement between the Company and the Hirer only. These Terms and Conditions shall not constitute any contractual relationship between any Hirer, Authorised Driver or Owner. NO AGENCY, PARTNERSHIP, ETC. 43.These Terms and Conditions will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these Terms and Conditions. Neither Party will have, nor represent that it has, any authority to make any commitments on the other Party’s behalf. COMPANY POLICIES 44.In addition to these Terms and Conditions and Annexes herein, the Company may prescribe policies in relation to the use of the Platform, rental of any Vehicle, or any other matter in relation to the services provided by the Company. All Hirers, Authorised Drivers and Owners shall abide by the policies prescribed by the Company. ENTIRE AGREEMENT 45.Subject to Clause ‎44, these Terms and Conditions shall constitute the entire agreement between the Hirer and the Company, and shall supersede all agreements, promises, assurances, warranties, representations and understandings, whether written or oral. The Hirer shall have no remedies in respect of any statement, representation, assurance or warranty made by the Company or any representative on its behalf that has not been set out in these Terms and Conditions. COMMUNICATIONS 46.Any communication under these Terms and Conditions shall be made in writing, including writing in electronic form. CHANGES TO TERMS AND CONDITIONS 47.The Company may revise these Terms and Conditions from time to time without any prior notice. The Hirer may determine if any such revision has taken place by referring to the date on which these Terms and Conditions were last updated. The Hirer’s continued use of the Company’s services constitutes the Hirer’s acknowledgement and acceptance of such changes. SEVERABILITY 48.If any provision in these Terms and Conditions shall be, or at any time shall become invalid, illegal or unenforceable in any respect under any law, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provisions of these Terms and Conditions. LAW AND SUBMISSION TO JURISDICTION 49.This Agreement shall be governed by and construed in all respects in accordance with the laws of Singapore and the parties hereby submit to the exclusive jurisdiction of the courts of Singapore. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 50.A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act to enforce this Agreement or any of its terms. NON-ASSIGNMENT 51.No party shall not assign or transfer any of the party’s obligations under these Terms and Conditions. Effective date: 23rd April 2024 Last updated: 23rd April 2024   Annex A Service Fee 1.The Hirer must pay to the Company a service fee (inclusive of insurance and GST) per hire of a Vehicle on the Platform. 2.The service fee (inclusive of insurance and exclusive of GST) shall be the following: Service/Platform Fee - 15% of the Rental Fee 3.The service fee shall be paid immediately upon the hire of a Vehicle on the Platform. Annex B Refundable Deposit 1.The hirer needs to produce proof of Employment to be registered as approved hirer. 2.Otherwise, a refundable deposit of $500 need to be paid. 3.The Company will hold on to this refundable deposit until the approved hirer decided not to rent car through Company’s platform apps and close their account. 4.Within 14 working days of closing the account, the company will refund $500 less 5% admin charge back to hirer’s bank account. 5.All other refunds will take up to 14 days. Annex C Late Return Policy 6.In the event the Vehicle is not located off at the Drop-off Point 7.at the end of the Rental Period, this late return policy shall apply. 8. The Hirer must pay a late return penalty according to the following table: Time Period - At the end of the Rental Late Return Penalty - PeriodPeak hour rate x 4 Peak hour rate is decided by Owner Annex D Missing Vehicle Policy 1.In the event the Vehicle is not dropped off at the Drop-off Point within two (2) hours after the end of the Rental Period, the Owner shall immediately inform the Company through the Platform, and the Vehicle shall be deemed to be missing. The Company may report the matter to the police or pursue any other legal action against the Hirer or Authorised Driver. 2.The Hirer and Authorised Driver must cooperate with the Company and comply with all instructions of the Company in relation to any investigations, including any police report and criminal investigations, in relation to the missing Vehicle. 3.The Company may cancel the registration of the Hirer and Authorised Driver on the Platform.