LYFTME Terms of Service

Welcome to LYFTME! By accessing or using the LYFTME application and related services (collectively, "Services"), you agree to comply with and be bound by the following Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree with these Terms, you may not use our Services.

1. Definitions

1.1 "LYFTME" refers to LYFTME Sdn. Bhd., including its subsidiaries, affiliates, and any associated entities that are part of LYFTME’s operations or involved in delivering LYFTME’s Services.

1.2 "User" includes any person accessing, downloading, or using LYFTME’s Services, such as Riders, Drivers, Renters, Property Listers, and Buyers/Sellers within the marketplace.

1.3 "Driver" refers to individuals registered and authorized by LYFTME to offer e-hailing services on the LYFTME platform, in compliance with Malaysian e-hailing regulations.

1.4 "Services" include LYFTME’s e-hailing service, in-app advertising, vehicle rental service, property listings, and an online marketplace for item sales, along with other features or services LYFTME may introduce.

1.5 "Content" refers to all forms of media, including text, graphics, images, and data submitted by Users or provided by LYFTME within the Services. This may include User-generated content, reviews, comments, and listings.

1.6 "Account" refers to the registered account required to access and use LYFTME’s Services, which contains personal details, transaction history, and preferences.

2. Eligibility

2.1 Minimum Age Requirement: Users must be at least 18 years old to register for and use LYFTME Services, with no exceptions except where local laws mandate a higher minimum age. LYFTME may require Users to verify their age or eligibility to ensure compliance with these Terms.

2.2 Driver Requirements:

• Licensing: Drivers must hold a valid Public Service Vehicle (PSV) license issued by Malaysian authorities.
• Screening and Background Checks: Drivers must complete LYFTME’s screening process, including background checks, to ensure passenger safety.
• Vehicle Standards: Drivers must maintain their vehicles to meet LYFTME’s standards, including cleanliness, safety features, and regulatory compliance.
• Conduct Requirements: Drivers must abide by LYFTME’s Driver Code of Conduct, which includes guidelines for professionalism, customer service, and adherence to traffic laws.
• 2.3 Account Information: Users agree to provide and maintain accurate, current, and complete account information, including contact details and payment information.

LYFTME reserves the right to suspend or terminate accounts found to contain incomplete, inaccurate, or misleading information. Account sharing or transferring access is strictly prohibited.

3. Scope of Services

3.1 E-Hailing Services: LYFTME connects Users and Drivers within designated regions to facilitate safe and efficient transportation services. LYFTME acts solely as a facilitator and does not control Drivers or guarantee ride availability. Drivers are independent contractors, not LYFTME employees, and LYFTME is not liable for Drivers’ conduct or incidents occurring during a ride. LYFTME reserves the right to suspend or deactivate Drivers who violate LYFTME’s standards.

3.2 In-App Advertising: LYFTME offers advertising space within the app for local businesses or individual advertisers. Advertisers agree to LYFTME’s content guidelines, and all advertisements must adhere to Malaysian advertising laws. Advertisements may not contain prohibited or restricted content, including explicit, offensive, or misleading information. LYFTME reserves the right to remove or modify advertisements that do not comply with these guidelines.

3.3 Car Rentals: LYFTME provides Users access to vehicle rentals, either from LYFTME’s fleet or through partnerships with third-party rental providers. Renters agree to the terms of the rental agreement provided at the time of booking, including:

• Rental Fees: Payment of rental fees and any applicable security deposits.
• Damage and Liability: Responsibility for any damage to the vehicle while rented, following LYFTME’s rental policies.
• Return Conditions: Vehicles must be returned in their original condition, with all rental terms observed, including fuel requirements, cleanliness, and timely return.

3.4 Property Listings: LYFTME allows property owners, agents, or authorized individuals to list properties for rent or sale. Property listers are responsible for ensuring the accuracy of listing details and for verifying their ownership or the right to list. Property listings must comply with real estate laws and LYFTME’s content guidelines. LYFTME is not liable for discrepancies, inaccuracies, or disputes arising from property transactions.

3.5 Marketplace: LYFTME’s marketplace provides a platform for Users to buy and sell items. Users are responsible for ensuring the legality, accuracy, and quality of items listed. LYFTME does not guarantee the authenticity of listed items and is not liable for issues arising from transactions between buyers and sellers. Marketplace transactions are the responsibility of the parties involved.

4. User Responsibilities

4.1 Conduct: Users agree to use LYFTME’s Services responsibly, ethically, and in compliance with all applicable laws and LYFTME’s policies. Users may not:

• Engage in fraudulent activities, harassment, or disruptive conduct.
• Impersonate others or misrepresent their identity.
• Use LYFTME’s Services to violate intellectual property or proprietary rights.

4.2 Compliance: Users must adhere to all relevant laws, including Malaysian consumer protection, transportation, and e-commerce laws. LYFTME reserves the right to report unlawful activities to authorities and may suspend accounts involved in illegal activity or non-compliance.

4.3 Account Security: Users are responsible for safeguarding their login credentials and must promptly notify LYFTME of any suspected unauthorized access. LYFTME is not liable for unauthorized activities on compromised accounts.

5. Fees and Payments

5.1 Service Fees: LYFTME charges fees for specific Services, including e-hailing fares, rental fees, advertising rates, and listing fees. LYFTME provides fee details before transaction completion and reserves the right to adjust fees. Users agree to pay all applicable fees, taxes, and surcharges.

5.2 Payment Processing: LYFTME works with third-party payment processors to handle transactions. Users agree to the terms of these providers, and LYFTME is not responsible for processing errors, delays, or disputes arising from third-party payment providers.

5.3 Refund Policy: Service fees are generally non-refundable unless specified otherwise. Refunds may be issued at LYFTME’s discretion in cases of service disruptions or technical errors directly caused by LYFTME.

5.4 Wallet and Stored Funds: LYFTME’s wallet feature does not constitute a banking or e-money service under Malaysian financial regulations. Wallet balances are non-interest-bearing and are only available for use within LYFTME’s Services. Wallet balances are non-refundable and may be subject to LYFTME’s fair usage policies

6. Cancellations and Terminations

6.1 User-Initiated Termination: Users may deactivate their accounts through the app. Upon termination, Users forfeit access to Services and any unused credits. Account termination is permanent and irreversible.

6.2 LYFTME-Initiated Termination: LYFTME reserves the right to suspend or terminate accounts for violation of these Terms, unlawful conduct, or as required by law. LYFTME may terminate accounts without prior notice if deemed necessary to ensure safety and compliance.

6.3 Effect of Termination: Upon account termination, access to all LYFTME Services is revoked. LYFTME will not provide refunds for unused services or credits except as specified.

7. Privacy and Data Protection

7.1 Data Collection: LYFTME collects, stores, and processes personal data per the Malaysian Personal Data Protection Act 2010. Data collected includes personal identification, contact information, and transaction history.

7.2 Data Use and Sharing: LYFTME may share data with trusted third-party providers to facilitate transactions, deliver customer support, and enhance user experience. All data sharing complies with applicable privacy regulations and is bound by confidentiality agreements.

7.3 User Rights: Users may request access, correction, or deletion of their personal data by contacting LYFTME’s data protection officer. LYFTME will respond to requests in compliance with the Personal Data Protection Act.

7.4 Data Retention and Deletion: LYFTME retains personal data as long as necessary to fulfill the purposes for which it was collected and to comply with applicable laws. Upon account deactivation, data may be retained for legal, tax, and business requirements but will be anonymized or securely deleted within 12 months.

Users may request deletion of their data at any time, and LYFTME will process such requests in compliance with Malaysian data protection laws.

8. Content and Intellectual Property

8.1 User Content: By submitting content, such as reviews, listings, or images, Users grant LYFTME a non-exclusive, royalty-free license to use, display, and modify the content as necessary for the operation of the Services.

8.2 Intellectual Property: LYFTME retains ownership of its trademarks, logos, software, and other intellectual property. Unauthorized use, reproduction, or distribution of LYFTME’s intellectual property is prohibited and may result in account suspension and legal action.

9. Advertising and Content Guidelines

9.1 Prohibited Content: LYFTME prohibits content that is illegal, explicit, offensive, or deceptive. Advertisers and Users submitting content must comply with these guidelines, and LYFTME reserves the right to remove content violating these standards.

9.2 Liability for Content: LYFTME is not liable for user-generated content and reserves the right to moderate or remove content as necessary to ensure compliance with LYFTME’s content guidelines.

10. Limitation of Liability

10.1 General Liability: LYFTME is not liable for indirect, incidental, or consequential damages resulting from the use or inability to use LYFTME’s Services.

10.2 Service Interruptions: LYFTME may temporarily suspend Services for maintenance, updates, or unforeseen circumstances. LYFTME is not liable for interruptions and will make reasonable efforts to notify Users of service disruptions.

10.3 Assumption of Risk: Users acknowledge and assume the inherent risks associated with using LYFTME’s e-hailing and rental services, which may include risks related to travel, safety, and the conduct of third-party providers. LYFTME is not responsible for damages resulting from known risks accepted by Users.

10.4 Driver Insurance Requirement: Drivers are required to maintain appropriate e-hailing insurance coverage as mandated by Malaysian transport regulations. LYFTME shall not be liable for incidents resulting from uninsured drivers.

11. Indemnity

Users agree to indemnify and hold LYFTME harmless from any claims, damages, liabilities, or expenses arising from their use of Services or breach of these Terms.

12. Amendments

LYFTME reserves the right to amend these Terms at any time. Material changes will be communicated to Users via email or app notifications. Continued use of LYFTME Services after notification constitutes acceptance of the revised Terms.

13. Dispute Resolution and Governing Law

13.1 Governing Law: These Terms are governed by the laws of Malaysia.

13.2 Dispute Resolution: Any dispute arising from these Terms will be resolved through mediation or arbitration in Kuala Lumpur, Malaysia, in accordance with Malaysian Arbitration guidelines.

14. Contact Information

For inquiries, complaints, or claims, Users may contact LYFTME at:
Email: support@lyftme.com.my

15. Driver-Specific Terms

15.1 Driver Status: Drivers are independent contractors, not employees, agents, or representatives of LYFTME. They are solely responsible for their actions while providing e-hailing services through the LYFTME platform.

15.2 Driver Obligations:

• Licensing: Drivers must maintain a valid PSV license and comply with LYFTME’s requirements and Malaysian e-hailing regulations.
• Conduct and Compliance: Drivers are expected to act professionally and adhere to LYFTME’s Driver Code of Conduct, which includes maintaining vehicle safety standards, cleanliness, and respectful communication with Riders.
• Liability for Conduct: LYFTME is not liable for Driver actions, and Drivers are solely responsible for any legal claims, accidents, or incidents that occur during a ride.

16. Third-Party Services

16.1 Third-Party Content and Links: LYFTME may include third-party content, links, or integrations to external websites or services within its app. LYFTME does not endorse or assume responsibility for third-party content and encourages Users to review third-party policies.

16.2 Independent Contractors and Service Providers: Certain Services, such as car rentals or property listings, may be provided by third parties. LYFTME is not responsible for the conduct of third-party providers and does not guarantee the accuracy or quality of their services.

16.3 Service Partner Responsibilities: LYFTME’s third-party partners and independent contractors are responsible for complying with their own legal obligations, and LYFTME shall not be held liable for their actions or services.

17. Refunds and Chargebacks

17.1 Refund Policy: Fees are generally non-refundable, except in cases of technical errors directly attributable to LYFTME or as outlined in specific Service policies.

17.2 Chargebacks: Users agree to resolve payment disputes directly with LYFTME’s customer support team before filing a chargeback with their payment provider.

17.3 Refund Discretion: LYFTME reserves the right to issue refunds at its discretion in cases of service disruptions, and all refund requests are subject to LYFTME’s review.

18. Account Suspension and Deactivation

18.1 Suspension for Misconduct: LYFTME may suspend or deactivate any User’s account for violating these Terms, engaging in fraudulent activity, or compromising the safety of the LYFTME community.

18.2 Reactivation Process: Users whose accounts have been suspended may request reactivation, subject to LYFTME’s investigation and discretion. LYFTME reserves the right to deny reactivation requests.

18.3 Effect of Deactivation: Upon deactivation, Users forfeit access to any remaining credits, promotions, or loyalty rewards within the LYFTME app, and LYFTME is not obligated to refund unused services.

19. Promotions and Loyalty Programs

19.1 Promotion Eligibility: LYFTME promotions, discounts, and loyalty rewards are discretionary and may have eligibility requirements. Users must meet the eligibility criteria to participate.

19.2 Modification and Termination: LYFTME reserves the right to modify, suspend, or terminate promotions and loyalty programs at any time without prior notice.

19.3 Promotion Abuse: Abuse of promotions or loyalty programs, such as creating multiple accounts or fraudulent activity, may result in account suspension and forfeiture of eligibility.

20. Intellectual Property and Copyright Infringement

20.1 Intellectual Property Rights: All content within the LYFTME app, including text, images, logos, and trademarks, is owned by LYFTME and is protected by copyright laws. Unauthorized use is strictly prohibited.

20.2 License for Submitted Content: By submitting content (e.g., reviews, listings), Users grant LYFTME a non-exclusive, royalty-free license to use and display their content within the app.

20.3 Copyright Claims: Users may report copyright infringement to LYFTME by contacting support@lyftme.com.my. LYFTME will investigate all claims and, where appropriate, remove infringing content.

21. Service Availability

21.1 Geographic Limitations: LYFTME’s Services may be limited by geographic location, regulatory restrictions, or technical considerations. LYFTME is not responsible for limited access due to these restrictions.

21.2 Service Modifications: LYFTME reserves the right to modify, suspend, or discontinue any part of the Services at any time without notice. Users will be notified in cases of significant disruptions.

22. User Feedback and Reviews

22.1 User Feedback: LYFTME values User feedback to improve Services. By submitting feedback, Users grant LYFTME a license to use, publish, and display feedback without restriction.

22.2 Review Policy: LYFTME encourages honest reviews but reserves the right to moderate content to prevent defamatory, false, or harmful statements.

22.3 No Defamation: Users agree not to post defamatory content about LYFTME, Drivers, or other Users. Violation of this policy may lead to account suspension.

23. Environmental and Social Responsibility

23.1 Sustainable Practices: LYFTME is committed to exploring sustainable practices, such as eco-friendly vehicles and reducing emissions, wherever feasible.

23.2 Community Engagement: LYFTME supports local communities by creating job opportunities and promoting fair business practices. Users are encouraged to participate in green initiatives, such as carpooling and using eco-friendly options.

24. Data Usage and Analytics

24.1 Data Analytics for Service Improvement: LYFTME uses anonymized data to analyze usage patterns, improve service quality, and enhance user experience.

24.2 Third-Party Data Processing: LYFTME may use third-party analytics services that are bound by strict confidentiality agreements and comply with data privacy standards.

24.3 Data Anonymization: Data collected for analytics is anonymized and aggregated to ensure individual privacy. LYFTME does not sell User data.

25. Safety and Emergency Procedures

25.1 Safety Guidelines: Users agree to adhere to LYFTME’s safety policies for e-hailing and other Services, including following local laws and using seat belts.

25.2 Emergency Reporting: Users can report emergencies or suspicious activity through the in-app feature. LYFTME may cooperate with local authorities as needed to resolve issues.

25.3 Incident Follow-Up: LYFTME will follow up on reported incidents and take necessary actions to ensure community safety, which may include account suspension or legal action.

26. Fair Usage Policy

26.1 Promotion Abuse Prevention: LYFTME reserves the right to limit promotion and discount access if misuse or abuse is suspected. This includes duplicate accounts or referral manipulation.

26.2 Account Activity Limits: LYFTME may set limits on certain activities, such as cancellations or rebookings, to maintain service quality.

26.3 Excessive Usage Monitoring: Excessive use of certain Services may be subject to review, and LYFTME may impose restrictions to prevent overuse or misuse.

27. Intellectual Property Rights for Advertisers

27.1 Advertiser Content: Advertisers grant LYFTME a non-exclusive license to display their advertisements. LYFTME reserves the right to reject ads that violate its guidelines.

27.2 Advertiser Responsibilities: Advertisers are responsible for ensuring that their ads comply with applicable laws, including intellectual property and truth-in-advertising laws.

27.3 Right to Remove Ads: LYFTME reserves the right to remove ads without notice if they violate LYFTME’s advertising guidelines.

28. Force Majeure

28.1 Limitations Due to Unforeseen Events: LYFTME is not liable for any delays, service interruptions, or losses resulting from events beyond its control, such as natural disasters, strikes, government restrictions, or technical failures.

28.2 Notification: In the event of a force majeure, LYFTME will make reasonable efforts to inform Users of service interruptions and take measures to minimize inconvenience.

29. Amendments and Entire Agreement

29.1 Amendments: LYFTME reserves the right to amend these Terms at any time. Material changes will be communicated to Users via email or in-app notifications. Continued use of LYFTME’s Services after notification constitutes acceptance of the revised Terms.

29.2 Entire Agreement: These Terms represent the entire agreement between LYFTME and Users, superseding any prior agreements or understandings related to the Services.