Term And Conditions Page

CARKEE TERMS AND CONDITIONS

LAST UPDATED: SEPTEMBER 2023

Thank you for choosing Carkee!

PLEASE READ THESE TERMS OF USE CAREFULLY. TOGETHER WITH OUR PRIVACY POLICY AND OTHER TERMS AVAILABLE ON THE PLATFORM, THEY GOVERN OUR RELATIONSHIP WITH YOU AND SHALL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN US (THE "AGREEMENT”).

By subscribing to our services, you hereby consent to the following Terms of Service.

Contractual Relationship
General Conditions
Conditions Relating to The Services
The Services
Payment
Modifications And Cancellations
Disclaimers & Limitation of Liability
Indemnification
Data Privacy and Security
Governing Law and Dispute Resolution
No Class Actions
Changes Or Amendments
Severability
Notice
Confidentiality
General Provisions
Contacting Carkee

1. CONTRACTUAL RELATIONSHIP

Our website www.carkee.my (the “Website”) and the mobile application under the tradename of
CARKEE related to it (the “App”) (together the “Platform”) are operated by Carkee Automotive Sdn Bhd,
a company registered in Malaysia under registration no. 202301004477 (1498396-U) with registered
address at No32, Jalan SS23/ 11 Taman SEA, 47400 Petaling Jaya. Selangor including its subsidiaries
and/or affiliates (hereinafter collectively referred to as “Carkee”). The terms “we”, “us” and “our” shall
hereinafter refer to Carkee. These Terms of Use are applicable to all visitors, users and others who
access and/or use the Website and the App (the “Users"). Using or accessing any of the services offered
by Carkee through the Platform (the “Services”) indicates your acceptance of these Terms of Use
without the need for your handwritten signature. Therefore, IF YOU DO NOT ACCEPT THESE TERMS OF
USE, GENERALLY OR PARTIALLY, PLEASE DO NOT CONTINUE TO USE OR ACCESS THE SERVICES. This
Agreement supersedes any prior agreements or arrangements between Carkee and you. Carkee may
immediately terminate this Agreement and/or any provision of Services thereunder, or generally cease
offering or deny access to the Services or any portion thereof at its sole discretion, at any time for any
reason, without incurring any liability towards you. Supplemental terms may apply to certain Services,
such as policies for a particular event, activity or promotion, and such supplemental terms will be
disclosed to you prior to accessing and/or using with the applicable Services (“Supplemental Terms”).
Supplemental Terms are in addition to, and shall be deemed a part of this Agreement for the purposesof the applicable Services. The provisions of the Supplemental Terms shall prevail over the provisions
of this Agreement in the event of a conflict with respect to the applicable Services.

2. GENERAL CONDITIONS

By agreeing to these Terms of Use, you:

warrant and represent to us that (i) you are at least the eighteen (18) of age of provision of the Services; and (ii) not allowed for any reason whatsoever to enter into a contractual relationship of provision of the Services;
agree that you must not use the Platform for any illegal, harmful, fraudulent, or unauthorized purpose nor may you, in the use of the Platform, violate any applicable laws, including but not limited to copyright laws;
agree that you must not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform, without express written permission by us; and
agree that you must not transmit to the Platform any worms or viruses or any code of a destructive nature.

We reserve the right to prohibit any person from accessing and/or using the Services for any reason
whatsoever and at any time without notice. We, along with our affiliate companies and/or partners,
exclusively own and control all intellectual property rights available on our Platform, including, without
limitation, text, design, graphics, logos, images, downloads, code, and software. Any copying,
distributing, posting, linking, or otherwise modifying of the Platform by you without our express
written authorization will be considered an infringement of the relevant intellectual property right.

3. CONDITIONS RELATING TO THE SERVICES

The Services constitute a technology platform that enables the Users to shop for parts, arrange services
and/or maintenance bookings, and schedule logistics services, including car wash services, delivery of
emergencies auto-assist services, as well as other products and services. When using the Services, you
agree to comply with all applicable laws and regulations in Malaysia of provision of the Services. Unless
otherwise agreed by Carkee in a separate written agreement with you, the Services are made available
solely for your personal and non-commercial use. Please note that we may add additional services
from time to time to our existing product and Services provided by us. Any such additions or
amendment will be reflected in this Agreement or the Supplemental Terms, and you will be notified
accordingly via the Website and the App.

The provision of the Services by Carkee is subject to the following terms and conditions:

Opening of Account. In order to benefit from the Services, you must download the App on your smart
device, follow the instructions and provide all required information in order to create your account
(the “Account”) and allow Carkee to provide you with the Services. You should provide personal
information requested by Carkee in order to create the Account. You hereby allow Carkee to collect
your personal information and your precise geolocation in accordance with our Privacy Policy. Carkee
may send you informational and marketing electronic messages unless you choose not to receive such
messages. You are responsible for all activity that occurs under your Account, and you agree to always
maintain the security and secrecy of your Account username and password. Unless otherwise
permitted by Carkee in writing, you may only possess one (1) Account.

Geolocation. You agree to allow Carkee to collect your precise geolocation. We collect this geolocation
for the purpose of providing you with the Services and improving your user experience. You may
disable your geolocation but be advised this may impact our provision of the Services to you.

User Conduct. You may not authorize third-parties to use your Account. You may not assign or
otherwise transfer your Account to any other person or entity. In addition, in certain instances, you
may be asked to provide proof of identity to access or use the Services, and you agree that you may
be denied access to use of the Services if you refuse to provide proof of identity.

Network Access & Mobile Devices. You are responsible for obtaining the data network access
necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if
you access or use the Services from a mobile device. You are responsible for acquiring and updating
compatible hardware or devices necessary to access and use the Services and any updates thereto.
Carkee does not guarantee that the Services, or any portion thereof, will function on any hardware or
devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the
internet and electronic communications. You may only access the Services by using authorized means.
Carkee reserves the right to terminate this Agreement if you use the Services with an unauthorized
device.

License. Subject to your compliance with this Agreement, Carkee grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

access and use the Services on your personal mobile device or computer solely in connection
with your personal and non-commercial use of the Services; and
access and use any content, information and related materials that may be made available
through the Services, in each case solely for your personal and non-commercial use. Any rights
not expressly granted herein are hereby reserved by Carkee and Carkee’s licensors.

Third Party Services & Content. The Platform may contain advertisements or links to third- parties’
websites. The Services may be made available or accessed in connection with third-party services and
content (including advertising) that Carkee does not control. You acknowledge and agree to the terms
of use and privacy policies or any other policies or cookies that may apply to your use of such thirdparty services and content that might differ from this Agreement. Carkee will not be responsible or
liable for any products or services of such third-party providers, for any acts or omissions of any
advertiser, etc. Additionally, Apple Inc., Google, Inc. are third-party beneficiaries. If you access the
Services using applications developed for Apple iOS, Android powered mobile devices, respectively by
these third-parties’ beneficiaries, you must abide by their terms as set forth in the terms of use/service
of their applications. These third-party beneficiaries are not parties to this Agreement and are not
responsible for the provision or support of the Services in any manner. Your access to our Services
using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of
use/service. You agree to comply with any applicable third-party terms when using our Services.

Ownership. The Services and all rights therein are and shall remain Carkee’s property or the property of Carkee’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:

in or related to the Services except for the limited license granted above; or
to use or reference in any manner Carkee’s company names, logos, product and service names,
trademarks, or services marks or those of Carkee’s licensors.

Text Messaging. You agree to allow Carkee to send you informational and promotional text (SMS)
messages for the purpose of delivering the Services and improving your customer experience.

Referral Program & Promotional Codes. Carkee may, at its sole discretion, create referral and/or
promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or
benefits related to the Services and, subject to any additional terms that Carkee establishes on a per
promotional code basis. You agree that Promo Codes:

must be used for the intended audience and purpose, and in a lawful manner;
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 Carkee;
may only be used for new users and Accounts, unless expressly permitted by Carkee;
may be disabled by Carkee at any time for any reason without liability to Carkee;
may only be used pursuant to the specific terms that Carkee establishes for such Promo Code;
are not valid for cash; and
may expire prior to your use.

Carkee reserves the right to withhold or deduct credits or other features or benefits obtained through
the use of Promo Codes by you or any other users in the event that Carkee determines or believes that
the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the
applicable Promo Code terms or this Agreement.

User Provided Content. Carkee may, at its sole discretion, permit you from time to time to submit,
upload, publish or otherwise make available to Carkee through the Services - textual, audio, and/or
visual content and information, including commentary and feedback related to the Services, initiation
of support requests, and submission of entries for competitions and promotions (“User Content”). Any
User Content provided by you remains your property. However, by providing User Content to Carkee,
you grant Carkee and its affiliates a worldwide, perpetual, irrevocable, transferable, royalty-free license,
with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display,
publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution
channels now known or hereafter devised (including in connection with the Services and Carkee’s
business and on third-party sites and services), without further notice to or consent from you, and
without the requirement of payment to you or any other person or entity. You further represent and
warrant that:

you either are the sole and exclusive owner of all User Content or you have all rights, licenses,
consents, and releases necessary to grant Carkee and its affiliates the license to the User
Content as set forth above; and
neither the User Content nor your submission, uploading, publishing or otherwise making
available of such User Content nor Carkee’s use of the User Content as permitted herein will
infringe, misappropriate, or violate a third-party’s intellectual property or proprietary rights,
rights of publicity or privacy, or result in the violation of any applicable law or regulation. You
agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene,
pornographic, unlawful, or otherwise offensive, as determined by Carkee in its sole discretion,
whether or not such material may be protected by law. Carkee may, but shall not be obligated
to, review, monitor, or remove User Content, at Carkee’s sole discretion and at any time and
for any reason, without notice to you.

Beta Services. Carkee sometimes releases products, services, and features that we are still testing and
evaluating (“Beta Services”). Carkee will inform you of any Beta Services that may become available byidentifying them as “beta”, “preview”, “early access”, or “evaluation” (or with words or phrases with
similar meanings) and may not be as reliable as Carkee’s other services, so please keep that in mind.

4. THE SERVICES
ESSENTIAL MAINTENANCE AND TYRE SERVICES.
You can shop and place your order for an Essential Maintenance and/or its related Services (Express
Oil Change, Periodic Maintenance, Tyre Rotation, Balancing and Wheel Alignment) by logging into your
Account and choosing one of the available Essential Maintenance and Services (the “EMS”) depending
on the specified type of your Vehicle. You should make sure that sufficient, accurate, and correct
information about the Vehicle is provided to Carkee in order to easily locate and identify the Vehicle’s
EMS requirements. You can choose multiple EMS (as detailed on the Platform) in a single order.

Carkee may provide the service in a particular location for a particular type of cars. The EMS are not
available for all types of vehicles and the provision of such service is subject to the availability of various
parts. After you have selected the type of EMS required, you will have to select a suitable time-slot
from the list of available time-slots with the participating partnering workshops/service providers
shown in the App. Carkee will not be responsible for any damages or harm done to the Vehicles upon
undertaking the EMS except in the case of gross negligence and wilful misconduct. In addition, you
acknowledge and agree that Carkee will not be responsible for any third-parties’ products and services
sold/bought on the App and provided to the User.

Subject to the payment terms provided under this Agreement, you are required to pay for your EMS
at the price set out in the Platform at the time of the order placement. Carkee shall not process any
order unless the payment made by you is successful noting that this might have an impact on the
chosen time-slot. The price for the EMS will vary depending on the chosen vehicle type. You will be
provided with a range of the price (with a minimum and a maximum of the price included) that might
be applied for the provision of the EMS. We will not proceed with the EMS before payment is
confirmed. We reserve the right to change pricing for our EMS without prior notice. However, all such
changes will be reflected on the Platform prior to the booking.

The EMS at Carkee is provided on an “as available” basis. Carkee reserves the right to cancel or restrict
orders for EMS subject to availability and subject to the other terms and conditions of this Agreement.
Your obligations prior to placing an order for EMS with us include, but are not limited to, the following:

You must provide us with correct and accurate information about the Vehicle in order to
provide you with the adequate EMS.
You must disclose to us all defects in your Vehicle, known or suspected by you, which may be
affected by our EMS prior to our commencing with the EMS process.
Ensuring your Vehicle is your responsibility at all times.
You will be liable to us for any death, injury or damage suffered by us or our staff attributable
to any defect in your Vehicle or any harmful contents.
You confirm that you have a spare set of keys for your Vehicle. We shall not be liable for loss
or damage caused to you or the Vehicle by our losing the keys or locking them in the Vehicle.
Carkee will not be liable for any damage to your Vehicle occurring because of the User
selecting the wrong EMS for the Vehicle on the App.

The Vehicle will be inspected by you within 24 hours from the provision of the EMS and complaints
should be raised during this timeframe. If you are not satisfied with any aspect of the EMS, you can
submit a complaint to our support team either through our Help Line phone number or write an emailto support@carkee.my. All requests and/or claims should be sent within 24 hours following the
provision of the EMS. It will be at the discretion of Carkee to take appropriate decision, including a
refund if such refund is justified. No refund policy shall apply at all times regardless of your decision to
terminate your usage, our decision to terminate your usage of the EMS, disruption caused to our App
either planned, accidental or for any reason whatsoever. Carkee shall do its best efforts to let you know
about any delay in the EMS.

By accessing and subscribing to our EMS, you agree to grant us access to the information about the
Vehicle to provide you with better EMS. You also grant us a permission to take the images of the Vehicle
internally and externally, if need be. This information can be shared with third-party service providers
when and as it is required. Carkee will make every effort to maintain the accuracy and confidentiality
of any such information provided to us. If you make any additions or corrections to the information
already provided to us, please transmit it to us via the “contact us” on the Platform. Carkee will reserve
the right to cancel the order at any time at its sole discretion and shall notify you on the cancellation
via text messages or App’s notifications. No amount will be charged in such a case. Any
change/cancellation to the order shall be made at least two (2) hours prior to the chosen Time-slot.
Otherwise, the order will be delivered as per your initial request. Carkee will reserve the right to charge
you a cancellation charge up to the delivery charge amount, at its sole discretion.

BATTERY DELIVERY AND EMERGENCY AUTO-ASSIST SERVICES.
We deliver car Battery (the “Battery”) and provide Emergency Auto-Assist Services across the covered
areas of the provision of the Services (kingly refer to the App for complete coverage areas), either
directly or through our partners, franchisees and/or licensees (the “Areas”). Carkee may also,
depending on the Areas, deliver certain Emergency Auto-Assist Service such as Jump Start, Refuelling,
On-site Flat Tyre Patching, and Towing (herein after referred to as “EAAS”). Your order will be fulfilled
as per the time specified for your specific delivery and cannot be prioritized. Carkee will make every
effort to complete your order timely and effectively, however, Carkee does not commit to a certain
time period to fulfil orders. Carkee will not be responsible for any damages or harm done to the
Vehicles upon installing Battery and/or performing the EAAS except in the case of gross negligence and
wilful misconduct. In addition, you acknowledge and agree that Carkee will not be responsible for any
third-parties’ products and services sold/bought on the App. The delivery of the Battery and EAAS is
subject to the following:

Carkee will not be liable for any damage to your Vehicle occurring because of the User
selecting the wrong Battery type for his/her Vehicle.
Carkee's employees reserve the right to contact you through various channels during the order
process in order to ensure proper delivery of the Battery and EAAS.
Carkee will deliver the Battery and EAAS to the location provided by you. If the location
provided is inaccurate or incorrect, we reserve the right to charge you for unsuccessful delivery.
Carkee reserves the right not to deliver in case of stockouts or technical difficulties to deliver
the Battery and EAAS. No amount will be charged in such a case.
If wrong type of Battery is delivered, Carkee will compensate you for the value of the Battery
ordered.
Carkee will reserve the right to cancel the order at any time at its sole discretion and shall
notify you on the cancellation via text messages or the App. No amount will be charged in such
a case.
Any change/cancellation to the order shall be made at least one (1) hour prior to the delivery.
Otherwise, the order will be delivered as per your initial request. If you cancel a Battery and EAAS order, Carkee will reserve the right to charge you a cancellation charge, at its sole
discretion.
In case the cancellation is due to a reason attributable to Carkee or to a Carkee driver, you will
not be charged any amount for the order.
Subject to any other cancellation terms provided under this Agreement, Carkee also reserves
the right to cancel or restrict EAAS orders subject to availability and without any liability to you
and subject to the terms and conditions elsewhere under this Agreement.
Prior to any Battery delivery, it is your responsibility to ensure that all safety measures are in
place and there are no risks that might emanate from such delivery. This control must be
constant to prevent dangerous situations from arising when fulfilling the orders by us and or
provision of Services to you.

To achieve the above, you must:

agree to abide by all safety instruction as indicated by the Carkee driver and as applicable per applicable laws of provisions of the Services;
ensure that the Vehicle is parked and the engine switched off;
ensure children are kept under control and do not interfere with equipment or distract the Carkee driver during the process;
agree not to interfere during the process to avoid the potential danger during the process; and
be respectful to our employees;
Carkee reserves the right to charge a cancellation fee if your Vehicle is not accessible due to non-compliance to safety requirements.

CAR WASH SERVICES.
You can place your booking for a car wash by logging into your Account with the App and choosing one
of the available car wash services (the “Car Wash Services”). You should make sure that sufficient,
accurate, and correct information about the vehicle to be washed (the “Vehicle”). You can choose only
one Car Wash Service (as detailed on the Platform) in a single order. Carkee may provide some and/or
all the following car washing related services, depending on the participating locations of the provision
of said services (the “Car Washing Service(s)/Car Wash”). Carkee may modify the Car Wash Services
with or without prior notification subject to the other terms and conditions of amendment under this
Agreement, as applicable. We reserve the right to change pricing for our Car Wash Services without
prior notice. However, all such changes will be reflected on the App prior to the booking. The Car Wash
at Carkee is provided on an “as available” basis. Carkee reserves the right to cancel or restrict orders
for Car Wash Service subject to availability and subject to the other terms and conditions of this
Agreement. Your obligations prior to placing an order for Car Wash Services with us include, but are
not limited to, the following:

You must disclose to us all defects in your Vehicle, known or suspected by you, which may be
affected by our Car Wash Services prior to our commencing with the washing process.
Ensuring your Vehicle is your responsibility at all times.
You will be liable to us for any death, injury or damage suffered by us or our staff attributable
to any defect in your Vehicle or any harmful contents.
You should be extremely cautious when collecting your Vehicle, as polish and other cleaning
products can be slippery. We shall not be liable for any loss or damage whatsoever caused
because of you failing to follow this warning.
Old paintwork, old Vehicles, weaker plastics can be damaged in the cleaning process. All such
defects shall be indicated to our staff prior to commencement of the cleaning process; and we
agree to provide the Car Wash Service at your risk.
Child seats or any other seats must be refitted by you. We will not be able to refit seats under any circumstances.
You confirm that you have a spare set of keys for your Vehicle. We shall not be liable for loss
or damage caused to you or the Vehicle by our losing the keys or locking them in the Vehicle.

The Vehicle will be inspected by you within 24 hours from the provision of the Services and complaints
should be raised during this timeframe. If you are not satisfied with any aspect of the Car Wash Services,
you can submit a complaint to our support team either through our Help Line phone number or write
an email to support@carkee.my All requests and/or claims should be sent within 24 hours following
the provision of the Services. It will be at the discretion of Carkee to take appropriate decision,
including a refund if such refund is justified. No refund policy shall apply at all times regardless of your
decision to terminate your usage, our decision to terminate your usage of the Car Wash Service,
disruption caused to our App either planned, accidental or for any reason whatsoever. Carkee shall do
its best efforts to let you know about any delay in the Car Wash Service.

By accessing and subscribing to our Car Wash Services, you agree to grant us access to the information
about the Vehicle to provide you with better Car Wash Services. You also grant us a permission to take
the images of the Car internally and externally, if need be. This information can be shared with third
party service providers when and as it is required. Carkee will make every effort to maintain the
accuracy and confidentiality of any such information provided to us. If you make any additions or
corrections to the information already provided to us, please transmit it to us via the “Contact Us” on
the App or the Website.

5. PAYMENT
You are responsible for all fees associated with your purchase of the Services (the “Fees”). We are
responsible for communicating those Fees to you clearly and accurately on the Platform prior to
placing any order and you are responsible to paying the Fees upon requesting a Service. You agree to
receive a receipt via email or text or through the App itself following your payment of the Fees. If a
modification or cancellation of Services is necessary, Carkee will notify you of this. You are under no
obligation to tip our driver, rider, installer, service providers and its employees for the Services
rendered, though we would appreciate if you provide feedback about your experience.

You understand that the use of the Services may result in charges in addition to the Fees (“Charges”).
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and
non-refundable, unless otherwise determined by Carkee at its sole discretion. All Charges are due for
payment at the same time (and in the same way) as the payment of the Fees.

Payment of the Fees and the Charges will be facilitated by Carkee using the preferred payment method
designated in your Account. If your primary Account payment method is determined to be expired,
invalid, or otherwise not able to be charged, you agree that Carkee may automatically use the
secondary payment method from your Account, if available. It may be that specific pricing terms will
apply to your Account, depending on promotions, the type of device, type of subscription and the term
you select at the time of purchase. By placing a purchase order on the Platform, you agree that your
email address may be included in our marketing email list at Carkee. You agree that Carkee will send
you a receipt by email or text message, and/or through the App. This electronic receipt is sufficient for
all purposes, including any specific requirements under applicable laws. If you prefer to receive a paper
receipt, please contact support@carkee.my within 30 days of each fill, to request a physical receipt
which will be mailed to you at our earliest convenience.

6. MODIFICATIONS AND CANCELLATIONS
Carkee, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all
Services obtained through the use of our Platform. Carkee may from time to time provide certain users
with Promo Codes, and discounts that may result in different amounts charged for the same or similar
Services obtained through the use of our Platform. You agree that such Promo Codes and discounts,
unless also made available to you, shall have no bearing on your use of the Services or the Charges
applied to you. You may elect to cancel your request for Services at any time prior to provision of the
Services, in which case you may be charged a cancellation fee at our discretion. Any refund will be
done through the original mode of payment and if such refund is justifiable at the sole discretion of
Carkee. Carkee may, at its sole discretion, elect not to provide specific Services to you without any
justification (for example not to provide, perform Services as per requested if Carkee deems it unsafe
to do so or it would violate an applicable law, code, standard, or procedure). In such an event, the
request may be cancelled by Carkee, and you may be notified. If the request is cancelled by Carkee, no
payment will be charged and the Account holder will be notified.

7. DISCLAIMERS & LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR DAMAGES OR LOSSES ARISING FROM YOUR USE OR INABILITY TO USE
THE PLATFORM OR THE SERVICES, OR OTHERWISE ARISING UNDER THIS AGREEMENT. PLEASE READ
THIS SECTION CAREFULLY AS IT LIMITS OUR OBLIGATIONS AND LIABILITY TOWARDS YOU.

DISCLAIMER. YOU WILL USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. CARKEE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THE AGREEMENT, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, CARKEE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES
OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CARKEE DOES NOT GUARANTEE THE QUALITY,
SUITABILITY, SAFETY OF BATTERY DELIVERY AND EMMS PROVIDED TO YOU. YOU AGREE THAT THE
ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED
IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW IN MALAYSIA WHERE THE SERVICES ARE PROVIDED.

LIMITATION OF LIABILITY. CARKEE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA,
PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE
RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CARKEE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. CARKEE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING
OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE
SERVICES. CARKEE SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES
RESULTING FROM CAUSES BEYOND CARKEE’S REASONABLE CONTROL. FURTHERMORE, CARKEE IS NOT
LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OF OR RELIANCE ON THE
SERVICES OR YOUR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED
OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THESERVICES. CARKEE ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN
PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD-PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY OTHER INJURY RESULTING FROM
CAUSES BEYOND CARKEE’S REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS
SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT
CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

8. INDEMNIFICATION
You are responsible for your use of the Platform and the Services, and you will indemnify and hold
Carkee and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together,
“Carkee Entities”) from and against any and all claims, demands, losses, liabilities, and expenses
(including attorneys’ fees), arising out of or in any way connected with:

your access to, use of, or alleged use of, the Services obtained through your use of the Platform;
your breach or violation of any of these terms and conditions of this Agreement, any
representation, warranty, or agreement referenced in this Agreement, or any applicable law
or regulation;
Carkee’s use of your User Content;
your violation of the rights of any third-party, including but not limited to any intellectual
property right or publicity, confidentiality, other property, or privacy, right; or
any dispute or issue between you and any third-party.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter
otherwise subject to indemnification by you (without limiting your indemnification obligations with
respect to that matter), and in that case, you agree to cooperate with our defence of that claim.

9. DATA PRIVACY AND SECURITY
You hereby consent to the collection and/or processing of your personal data by Carkee. Carkee is
committed to protecting the personal data that Carkee receives from you, or otherwise processes, in
the course of or in connection with the Services according to the Privacy Policy.

10. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by and construed in accordance with the laws of Malaysia where the
Services are provided. You and Carkee agree that we will attempt in good faith to resolve any dispute
or claim arising out of or in relation to this Agreement through negotiations between a representative
of each of the parties with authority to settle the relevant dispute. If the dispute cannot be settled
amicably within thirty (30) days from the date on which either Party has served written notice on the
other of the dispute then the remaining provisions of this arbitration clause shall apply. Any dispute,
conflict, claim, or controversy arising out of or broadly in connection with or relating to the Services,
or this Agreement, including those relating to its validity, its construction, or its enforceability (any
“Dispute”) shall be exclusively and finally resolved by arbitration under the Malaysian Arbitration Act
2005 (the “2005 Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in
accordance with the 2005 Act. The existence and content of the arbitration proceedings, including
documents and briefs submitted by the Parties, correspondence from and to the 2005 Act Chamber of
Commerce, correspondence from the arbitrator, and correspondence, orders and awards issued bythe sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third-party
without the express written consent from the other party unless: (i) the disclosure to the third-party
is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third-party
agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

11. NO CLASS ACTION
You and Carkee agree that each may bring claims against the other only in your or its individual capacity
and not as a plaintiff or class member in any purported class or representative proceeding. Further,
unless both you and Carkee agree otherwise in writing, the arbitrator may not consolidate more than
one person’s claims, and may not otherwise preside over any form of a representative or class
proceeding.

12.CHANGES OR AMENDMENTS
You can review the most current version of these Terms of Use at any time on the Platform. We reserve
the right, at our sole discretion and at any time, to update, change or replace any part of these Terms
of Use by posting updates and changes to our Website and App. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

13. SEVERABILITY
The provisions contained in each paragraph in these Terms of Use shall be enforceable independently
of each of the others and the validity of any of those provisions shall not be affected if any of the others
is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted,
the provision in question shall apply with such modification as may be necessary to make it valid.

14. NOTICE
Carkee may give notice by means of a general notice on the Services, electronic mail to your email
address in your Account, or by written communication sent by registered mail or pre-paid post to your
address in your Account. Such notice shall be deemed to have been given upon the expiration of 48
hours after mailing or posting (if sent by registered mail or pre-paid post) or 12 hours after sending (if
sent by email). You may give notice to Carkee, with such notice deemed given when received by Carkee,
at any time by registered mail or pre-paid post to Carkee HQ Office at 9, Jalan Linggis 15/24, Sekyen
15, 40200 Shah Alam. Selangor, for the attention of Legal Department.

15. CONFIDENTIALITY
You shall not disclose any terms or the existence of this Agreement to anyone other than your
attorneys, accountants, and other professional advisors under a duty of confidentiality.

16. GENERAL PROVISIONS
You shall not disclose any terms or the existence of this Agreement to anyone other than your
attorneys, accountants, and other professional advisors under a duty of confidentiality.

ASSIGNMENT. You may not assign this Agreement without Carkee’s prior written approval. Carkee may assign the Agreement without your consent to:

a subsidiary or affiliate;
an acquirer of Carkee’s equity, business, or assets;
a licensee, a franchisee, or a partner; or
a successor by merger.
Any purported assignment in violation of this section shall be void.

NO PARTNERSHIP/AGENCY. No joint venture, partnership, employment, or agency relationship exists
between you and Carkee as a result of this Agreement or the use of the Services.

WAIVER. Carkee’s failure to enforce any right or provision under this Agreement shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by Carkee in writing.

ENTIRE AGREEMENT. This Agreement contains the entire Agreement between you and Carkee
regarding the use of the Platform and the Services and supersedes all previous negotiations or
agreements both orally or in writing regarding the subject matter of this Agreement. You can review
the most current version of these Terms of Use at any time on our Platform. We reserve the right, at
our sole discretion and at any time, to update, change or replace any part of these Terms of Use by
posting updates and changes to our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to the Website, the App or the Service following the
posting of any changes to these Terms of Use constitutes acceptance of those changes. By using our
Services, you acknowledge that you have read these Terms of Use, understand them, and agree to be
bound hereby.

17. CONTACTING CARKEE
If you have any questions about these Terms of Use, you may contact us at support@carkee.my.