Terms of Service
REGISTRATION E-AGREEMENT
1. Definitions
Account(s) means an account opened for the Customer with Provider (and/or its subsidiaries) for subscribing to the Service.
Activation/Activated means the point in time when the said Service is activated in the Provider System.
Agreement means the completed registration agreement all terms and conditions spelled out herein including all subsequent unilateral amendments, variations, additions and deletions made by Provider at its sole and absolute discretion from time to time.
City Council Law means a legislative body that governs a city, town, municipality or local government area.
Commercial Gain means any form of profits earned and/ or gained by the Customer directly and/ or indirectly arising from using/utilization of the Service with any unauthorized device or any other ways in any manner whatsoever which unfairly exploit the usage (as and when it is made available by Provider) or activities for the purposes of unauthorized reselling.
Compound means a fine imposed by the parking space providers for vehicle owners or vehicle drivers for their wrong doing that violates the law imposed by the city councils or space providers.
Customer means the person authorized for using the Service subject to the terms and conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations of its domicile for the time being in force and which may come in force more particularly described in the registration agreement.
Device means any device used to access the Hispeedcity service that includes, but are not limited to, servers, computers, laptops, tablets, and mobile telephones or/and any accessories used together to access the Service.
E-wallet means digital monies as “stored value” into Hispeedcity’s e-wallet that enable payment for parking fee, the source (Payment Channel) of digital monies come from user’s credit cards, online banking or 3rd parties e-wallets, users make own self top ups.
Users may request for refund of monies should they think no longer needing the services in future, refer to refund policy, the refund will be normally transact off-line, and need 2 ~ 4 weeks
Financier means a licensed institution as defined in the Banking and Financial Institutions Act 1989.
Information means information, data, content, interactive applications, services and/or any other material the Customer may provide at any time, access, use and/or generate via the Service and/or Provider Systems as applicable, including but not limited to Customer‘s personal data.
Mobile Telephone means the wireless telephone equipment which includes a combination of the transmitter and receiver together with accessories for the use of the Service.
Monthly Passes (Season Parking) means all the Monthly Parking Fees imposed by the city councils or space providers including but not limited to any other charges / fees and / or service tax.
Parking Charges means the Time Bounded Parking Fees imposed by the city councils or space providers including but not limited to any other charges / fees and / or service tax.
Parking Space Providers means the ownership of legal parking space whom published car park lots available for parking. These owners include commercials (malls, offices, etc), private, personal and public (airport, hospital, etc) and government (city councils)
Provider means Hispeedcity Sdn Bhd (Co. number 1331446-H).
Provider System means the Hispeedcity technology for parking payments, compound payments or any other services that may be introduced in future as value added services.
Service means the parking payment facilities using mobile solution, compound payment facilities, or any other product or Services rendered by Provider, at this current time or in the future, using the Provider System and includes, where applicable, the Value-Added
Space Provider In-House Law means principle of law covers by the space provider when an individual is arriving or leaving the car park lot.
Taxes - Charges will be stated exclusive of any taxes. Customer will be responsible for paying any taxes arising from the Agreement for which Customer is legally liable such as Goods and Services Tax (GST) at the rate in force at the date the liability arises.
User means the Customer or in the case of a company, any person nominated by the Customer to be the Principal User.
Value-Added Services means additional functions, features or facilities which are currently available or will be made available by Provider from time to time and may be subscribed to and/or used by the Customer in connection with the Service to enable the Customer to access and use information, data, content, WAP and other interactive applications and/or services over the internet and/or intranets.
2. Representations and Warranties
By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the agreement. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service. You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
By using the Software or the Application, you agree that:
3. Period of Agreement
3.1 This Agreement shall take effect from the date of commencement of the Service when the Customer‘s Mobile Telephone is connected or the Customer‘s account is Activated and shall continue to be in force until terminated in accordance with the terms and conditions of this Agreement.
4. Payment
5. Credits
You agree that following the payment methods, the application need to top up with e-wallet before any services can be used. You also agree that, under the city enforcement by law, due to parking violation, you will receive penalty accordingly and upon authority verification of your violation, payment will be deducted from e-wallet.
6. Debits
You may receive incoming fund if you perform private car park sharing which generate revenue. You may be rewarded by reporting someone else committing violation (subject to approval on local law)
7. Customer's Responsibility
7.1 The Customer shall:
a. Use the Service and accept full risk and responsibility in doing so;
b. Report immediately to Provider upon the discovery of any fraud, theft, unauthorized usage, abnormality in the Customer‘s bill statement or any other occurrence of unlawful nature in respect of the use of the Service or the Mobile Telephone within 24 hours from such discovery;
c. Comply with all notices or changes made by Provider including any upgrading of the Provider system as required by Provider;
d. Be responsible for all equipment and software necessary to use the Service and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service;
e. Acknowledge that Provider does not check the content or information available from the Service or the Internet and that Provider is not liable for any loss or damage suffered by the Customer or any other person as a result of using information obtained from the Service or the internet including, but not limited to, any damage to or loss of data caused by a virus or similar program;
f. Not use, permit or cause to be used the Service improperly or for any activities which breach any laws, infringe a third party‘s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require Provider to take remedial action under any applicable industry code or in a way which interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the Internet;
g. Not use the Service with any unauthorized device or any other ways which unfairly exploit the unlimited free voice and/or data usage, broadband connection or spamming activities for the purposes of unauthorized reselling or Commercial Gain;
h. Be responsible for obtaining advice on whether the Customer‘s use of the Service or the internet involves activities which breach any laws, infringe any third party rights or breach any standards, content requirements or codes promulgated by any relevant authority; and/or
8. Hi Rewards
The company may introduce royalty rewards and will be notified to you to enjoy such rewards with conditions stipulate below. Incoming rewards may add up to your credits where you can spend later
9. Taxes
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
10. Booking and Cancellation
If you make a booking in advanced, you may cancel your request for the services at any time before you park. If upon arrival to your booked car park lot, you notice someone else is occupying it, you have to cancel the booking and proceed to next available space. You may choose to ‘I want to report’ the person/ car whom occupy your space. Hispeedcity will reverse payment if your reason is valid.
11. Damage Repair or Cleaning Fees
You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party service provider’s parking space as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third party service provider has been verified by the Company.
12. Rights and Liability of Provider
12.1 Provider shall not be liable to any Customer, any third party and/or persons authorized by or claiming through a Customer for any loss caused, damage incurred whether direct, indirect, and special or suffered by any person or any personal property arising from:
a. any upgrading or modification to the Service as it deems necessary for the proper and efficient functioning of the Provider system including terminating the Service due to obsolescence of the Mobile Telephone, the Device or the Provider system;
b. the use or operation of the Mobile Telephone, or the Device by any Customer or persons authorized by the Customer to use such equipment;
c. the use by the Customer or any other persons authorized by the Customer of the Service, the Customer's inability t access or use the Service, the information available via the Service or arising out of any action taken in response to or as a result of any information available via the Service;
d. the provision of the Service by Provider and/or the quality of the Service;
e. a malfunction, defect or loss of the Mobile Telephone, the Device and/or the Service and/or the Provider system for whatever reasons;
f. any interruption to and/or suspension of the Service;
g. any inconvenience caused to any Customer or any persons authorised by the Customer; and/or
h. using Information obtained via the Service orthe Internet including, but not limited to, any damage to or loss of data caused by a virus or similar program.
12.2 Provider at its sole and absolute discretion reserves the right at any time without being liable to the Customer or any third party whatsoever, to:
a. discontinue, disconnect, interrupt, bar or suspend the Service for such period of time as Provider shall deem fit for any of the following reasons or any other reason whatsoever:
i. to make any upgrading and/or modification to the Provider system and/or the Service for its proper and efficient functioning;
ii. for the purpose of testing or correcting any malfunctioning of the Provider system;
iii. if the license to operate the Provider system is terminated, suspended or any other action as required by the relevant authorities and/or laws and regulations;
iv. a breach of any term or condition of this Agreement by the Customer;
v. where the Customer shall be adjudged bankrupt or commits an act of bankruptcy or in the case where the Customer is a company shall be wound up or have a receiver or manager appointed;
vi. on suspicion of fraud, or on suspicion of any illegal practice or on suspicion of any unusual activity in respect of the Customer‘s Account with Provider;
vii. Suspend and/or terminate the Service in the case of suspected Commercial Gain activity not limited to any voice and/or data or broadband services and promotions offered.
b. vary, add to or delete any of the terms and conditions of this Agreement without the need to provide any prior notice to the Customer and which shall take effect on such date determined fit by Provider and whereby the Customer with continued usage of the Service shall be immediately bound by the same.
12.3 Provider shall not be liable to the Customer or any third party for any claims for libel, slander, or infringement of copyright arising from the transmission and/or receipt of data and materials in connection with the Service and all other claims arising out of any act or omission of the Customer or any person authorised by the Customer in connection with the Service.
12.4 The Customer shall indemnify and hold Provider harmless against all claims, proceedings, actions, demands and losses which may arise as a result of the Customer's use of the Service or any act or omission of the Customer.
12.5 In the event of any dispute/claim of ownership of the Customer‘s Account, the onus of proving ownership, to the satisfaction of Provider, shall lie on the Customer. In the event the Customer is unable to do so, the matter shall then be referred to the Police and/or the Malaysian courts. Provider shall not be liable for any loss, damage or claim which may be caused to the Customer from or through the re-registration/ termination /transfer / suspension of the Service in respect of the Customer‘s Account pending determination of ownership or subsequent thereto.
12.6 Upon termination of this Agreement, Provider reserves the right to retain the payment channel for such period as Provider shall deem fit for the settlement of any outstanding dues or charges payable by the Customer.
12.7 Provider reserves the right to suspend and/or terminate the Account in the case of suspected Commercial Gain activity not limited to any voice and/or data or broadband services and promotions offered.
12.8 It is agreed that, upon disclosure of any Information at any time, it is deemed that the Customer has consented to allow Provider the right to use such Information for provision of Services herein, credit assessment and enforcement, Service and process enhancements in improving Customer‘s convenience, promotional and marketing purposes. In the event that such consent is retracted, Provider shall have the right to automatically terminate the Services or any part thereof.
12.9 The Customer accepts that Provider may revise and/or modify the terms of the Agreement. In the event of such revision and/or modification, Provider shall communicate such revision and/or modification at Provider's website or the Provider System application. In the event such communication is made, the Customer agrees that by continuing to use the Products and Services after such notification, that the Customer agrees to be bound by, accepts and/or consents to such revision and/or modification.
13. Value Added Services
13.1 The ability of the Customer to access and use Information via the Provider System Application is dependent upon the features and functionality of the Customer‘s Mobile Telephone or the Device; and the nature and quality of the information being accessed such as the parking charges paid, the prepaid credit reload, the compound payment information and other services that may be provided in the future.
13.2 Provider does not represent, warrant or guarantee the extent to which Customer's Mobile Telephone or the Device will be able to access Information via via the Provider System Application or on the Internet or elsewhere.
14. Force Majeure
Provider shall not be liable for any breach of this Agreement caused by an act of mother nature, pandemic, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government or other local authorities, industrial disputes of any kind, fire, lightning, explosions, flood, landslides, subsidence, inclement weather, acts or omissions of persons or bodies for whom Provider is not responsible or any other cause whether similar or dissimilar outside of Provider‘s control.
15. Waiver
The Customer shall upon executing this Agreement, consents and permits Provider to use/ disclose the Customer‘s personal data for purposes including the provision of the Service including but not limited to data matching, Credit Checking, for any other purpose deemed to be in the interest of Provider and for compliance of any laws and regulations.
16. Miscellaneous
16.1 This Agreement shall be subject to the laws of Malaysia and the parties hereto shall submit to the exclusive jurisdiction of the courts of Malaysia.
16.2 In this Agreement where the context requires, words importing the singular shall include the plural and vice versa and the masculine gender shall include the feminine and neuter genders, shall include natural persons, corporations, partnership and associations. Headings to the clauses herein are for convenience of reference only and shall not affect the construction thereof.
16.3 Provider shall be at liberty at any time without the concurrence of and without notice to the Customer to assign and/or transfer all or any part of its rights and obligations under this Agreement (or any related Agreement) to such persons as it deems fit and upon such assignment or transfer the assignee or transferee shall assume and be entitled to the rights, interests and obligations under this Agreement (or any related Agreement) as if it had been the party to the agreement in place of Provider.
16.4 If one or more of the provisions of the terms and conditions of this Agreement shall be invalid, illegal or unenforceable under any applicable law or decision, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision(s) shall be deemed deleted.
16.5 Failure by Provider to exercise any or all of its rights under the terms and conditions of this Agreement or any partial exercise of a right, shall not act as a waiver of such rights and such rights may be exercised without having to wait for the occurrence or re-occurrence of similar or any other event giving rise to such rights.
16.6 Provider reserves the absolute right to verify any information stated in the registration agreement and reserves the right to reject and/or seek such further clarification from the Customer or any other source as deemed necessary to establish the identity of the Customer (including but not limited to subsequent verification for recovery purposes); and such action shall not be considered defamatory or an invasion of privacy nor be the subject of any legal proceedings.
16.7 This Agreement shall be binding upon the successors in title and permitted assigns of the parties hereto.
16.8 Except for inconsistent terms in agreements signed with enterprise Customers, in the event of any inconsistency between the terms and conditions of this Agreement with any other terms and conditions of any promotions or agreements, the terms and conditions of this Agreement shall prevail. Inconsistent terms in agreement signed with enterprise Customers shall prevail over terms in the registration agreement.
16.9 The Customer agrees that print-outs and reproductions of all documents and records pertaining to the Customer, either directly or otherwise, from Provider‘s computer system(s)/records shall be admissible in any court of law and conclusive documents, if any.
16.10 Unless otherwise defined in the terms and conditions of this Agreement and except where the context otherwise provides, all capitalized words and expressions defined in the registration agreement shall have the same meanings when used or referenced to herein.
16.11 Provider reserves the right at its absolute discretion to vary, delete or add to any of the terms and conditions from time to time without prior notice and any modifications and/or changes shall be published in Provider's Terms & Conditions section or may be notified to the Customer by way as Provider may deem fit. Continued use of the Service following any amendment or changes to the terms and conditions constitutes an acceptance to those changes. Customers are advised to visit the website periodically to review the terms and conditions of this Agreement for any amendment or changes made by Provider.
16.12 Provider shall not be liable for any cost, loss or damage (whether direct or indirect) of for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the Customer‘s use and utilization of the Service.
16.13 The Customer hereby agrees and acknowledges that Provider may send notifications and communications periodically as Provider deems appropriate; and the Customer hereby consents to receiving the same.
16.14 The Customer acknowledges and agrees that Provider shall be allowed to contact the Customer for purposes of service enhancement and sharing of the Services and/or products related matters, from time to time.
17. Data Protection Obligations
17.1 Provider is required to comply with the provisions of the Personal Data Protection Act 2010 and Provider stands by Provider's privacy policy ("Privacy Policy") when dealing with the Customer‘s Personal Information.
17.2 The Customer agrees and accepts that the Privacy Policy forms an integral part of the terms and conditions of the use of the Products and Service.
17.3 For the purposes of this clause, unless otherwise defined herein and except where the context otherwise provides, all capitalized words and expressions defined in the Privacy Policy shall have the same meanings when used or referenced to herein.
17.4 The Customer agrees and accepts that by registering and/or continuing to use the Products and Services, the Customer authorizes and consents to the Customer's Personal Information being processed by and where required, disclosed to classes of third parties as identified by Provider for the purposes of Provider providing the services to you. For the avoidance of doubt, the Customer also hereby also explicitly consents to Provider processing any sensitive personal data relevant for such purposes.
17.5 The Customer further agrees and accepts that it is a condition of Provider providing the Services to the Customer that the Customer provide Provider with the accurate and complete Personal Information of yourself subscription of the Services.
17.6 The Customer accepts that Provider may be required to revise and/or modify the Privacy Policy from time to time. In the event of such revision and/or modification, Provider will communicate such revision and/or modification at Provider‘s website. In this regard, the Customer agrees that by continuing to use the Services after such notification, that the Customer agrees to be bound by, accepts and/or consents to such revision and/or modification.
18. Disclaimer
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF SERVICES, INFORMATION, REWARDS OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY SERVICE PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. 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. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY PARKING SPACE OR OTHER SERVICES OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND ANY THIRD PARTY SERVICES INCLUDING BUT NOT LIMITED TO THE THIRD PARTY PARKING SPACE OR OTHER SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.
