Govicle Terms and Conditions

Introduction

Govicle Sdn Bhd (“Govicle”), offer services for smart mobility solutions to provide a smooth and friendly user experience that encompasses all things automobile related. It allows users to perform multiple services and transactions in one application (“Services”) through the mobile application (“App”) and on the website www.govicle.com (“Website”).

Collectively referred as the “Platform”

These Terms and Conditions (T&C) of use governs your use of the Platform and forms a contract between you and Govicle.

You are advised to read these T&C carefully before you start to use the Platform. By browsing, accessing or using the Platform or any Services (as defined below) available through it, you hereby indicate that you agree and accept to these T&C and that you agree to abide by them. Your use of any part of the Platform constitutes your acceptance of these T&C which takes effect on the date on which you first use the Platform. If you do not agree with these T&C, you should cease using the Platform immediately.

We reserve the right to amend the Agreement at any time without notice to you by posting changes online. You are responsible to regularly review information posted on the Platform to obtain timely notice of such changes. If you do not wish to be bound by these amended T&C, you have the right to delete all of your Accounts on our Platform and/or to remove our mobile applications. However, your continue use of our Platform after changes are posted will be deemed to constitute acceptance of the amended Agreement.

In this Agreement (including the Privacy Policy) and in addition to the expressions already defined herein, the following words and expressions shall have the following meanings:

  1. “Account” means the electronic account registered with Govicle.
  2. “Agreement”means, collectively, these Terms and Conditions, the Privacy Notice, Privacy Policy, Form(s) (and all information provided in it) and any other documents incorporate by reference herein (if any).
  3. “Customer” means you or any other registered and approved person that holds an Account to use the Govicle services.
  4. “Device” means the mobile phone, tablets, or gadgets used to access to the Service.
  5. “Merchant” means any person or company or entity partnered with Govicle to provide services to the Customers.
  6. “Mobile Device” means a mobile device (phone/tablet etc.) that allows access to the Govicle Services through the Platform on any operating system.
  7. “Other Services” means Services available on Govicle Platform except for parking services.
  8. “Parking Credits” means the credit purchased by the Customers for parking services.
  9. “Platform” means the technical system developed by Govicle which enables access to the Services and to make payment as provided in Clause 3 of this T&C.
  10. “Services” means all Services offered by Govicle including Parking, Insurance, E-ticketing and other services that will be incorporated from time to time.
  11. “Transaction” means (i) any instruction from you to purchase the Services using the Payment Methods; (ii) any instruction from you to top-up into your Account using the Payment Methods; and (iii) any other operation which may involve payment in respect of your Account from time to time.

 

  1. Period of Agreement

1.1 This Agreement shall take effect from the date of commencement of the Services when the Device is connected or the Customer’s account is activated and shall continue to be in force until terminated in accordance with the T&C of this Agreement.

  1. Your Account

2.1 Creation of Account

2.1.1 In order to use the Services, you are required to register an Account with us. We will perform/process to validate the identity before approving your application. We have the absolute discretion to accept and/or reject your application. Our decision is conclusive and binding on you and you have no right to question our decision.

2.2 Accuracy of your information

2.2.1 You must provide us with accurate and complete information and keep that information accurate, complete and up-to-date. We may but have no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by you. Please take note that we have the right to suspend, and/or forthwith terminate your use of the Services if the information provided by you is untrue, inaccurate, not current or incomplete, or we suspect that such information provided by you is untrue, inaccurate, not current or incomplete.

2.3 Security

2.3.1 You play an important role in safeguarding any Transaction made through your Device. We recommend you take the following steps. These steps are not exhaustive: –

      1. enable password on your Device;
      2. avoid using public WIFI networks;
      3. install applications from sources you trust;
      4. keep your login credential secure and confidential;
      5. create a unique password for Account; and
      6. monitor your Account activity.

You are responsible for all activities that occur under your Account. You must immediately notify us of any unauthorised use of your Account, or breach of security. We will not be liable for any loss of parking credits in your App.

  1. Payment Methods

3.1 Parking Services

3.1.1 Parking Credits: This service is only available on a mobile device and payment shall be made by way of Parking Credits. It is applicable to hourly parking ONLY.

3.1.2 Available Balance: You should frequently review your mobile app to check and verify your Available Balance of the Parking Credits before using your App. You must always ensure that there are sufficient funds in your App for each Transaction and to cover the total amount transacted on your App, including purchases, recurring transactions, cash withdrawals, fees and other charges. If the total amount in your app is insufficient, your transaction will be declined.

3.1.3 Top-Up and Deduction:

3.1.3.1 Top-Up can only be in Ringgit Malaysia and once Account is activated, have performed a Top-Up, you may start using your App to make Transaction with Govicle. Each time you use the App to perform a Transaction, you authorise us to deduct the Parking Credits from your App.

3.1.3.2 Govicle shall not be liable to you in the event of delay in crediting of such Parking Credits into your App Account where such delay is not attributable to our fault.

3.1.3.3 All Top-Ups shall not be considered to have been made until all relevant funds have been received and reflected in your App Account.

3.1.3.4 Govicle reserve the right to suspend, revoke and/or block any Top-Up to your mobile app Account if we discover or have been informed by any third parties including the Appropriate Authority to be irregular, suspicious, illegal or unauthorized.

3.1.4 Dormant Account: We may terminate your Account if your Account has been dormant for a minimum of three (3) years with no remaining Parking Credits and no Transaction for Other Services.

3.2 Other Services

3.2.1 You may have access to other services available on the Platform apart from parking services such as payment of Compound, Insurance, e-Ticketing, Roadside Assistance and others (“Other Services”).

3.2.2 Govicle support one or more of the following payment getaway methods for the Other Services. They are:

      1. Online banking
      2. Credit card
      3. E-wallet

3.2.3 All these payments methods are processed through third-party payment gateway channels and the type of credit cards accepted by these payment channels may vary depending on the financial institution You are using.

  1. Payment Process & Terms

4.1 Please note that the payments collected through the Payment Service for the use of the Services are collected on behalf of the Merchants or paid directly to the Merchants via Govicle’s platform.

    1. Parking
    1. The parking fees will be set by the local council or parking operators based on the applicable locations and shall be subject to any minimum or block charges that may be determined by the respective parties local council or Govicle. Where applicable, the customer shall be able to purchase Parking Credits for the duration in certain circumstances, the customer may make such purchases in advance. The third respective parties local council or parking operators or Govicle may increase any car parking charges or change any payment method with or without any notice to you whereupon such changes will be reflected in the Services.
    2. For avoidance of doubt, all usage of Parking Credits for payment towards the duration of the parking charges as stipulated by the local council shall be linked to the car registration number as provided and/or selected by the user and as in accordance with the relevant By-Laws enforced by relevant local councils.
    3. The receipt for any payments made by the customer for the car parking charges shall be available on the member’s portal which is accessible on the app.
    4. Once any payment for the purchase of the Parking Credits and/or the usage of Parking credits for the car parking charges has been finalized and confirmed, the customer will not be able to obtain any refund and there shall be no cancellation, transfer or modification of the payment and/or the car registration number.
    5. The user shall be responsible to ensure the accuracy of the location and area where the user intended to pay for parking as well as the car registration number.
    6. The user acknowledges that any wrong payment may result in a compound, fine and/or summons from the local council or any other relevant authorities for non-payment of parking. Govicle shall not be liable for such mistakes by the customer and Govicle shall not be responsible to assist with any appeals made by the user.
    1. Insurance
    1. You shall refer to the Merchant’s Terms and Conditions – kindly visit the respective Merchant’s webpage or click here for further details.
    1. Roadside Assistance
    1. You shall refer to the Merchant’s Terms and Conditions – kindly visit the respective Merchant’s webpage or click here for further details.
    1. E-Ticketing
    1. You shall refer to the Merchant’s Terms and Conditions – kindly visit the respective Merchant’s webpage.
  1. Customer’s Responsibility

5.1 The customer shall:-

    1. Use the Services and accept full risk and responsibility in doing so;
    2. Report immediately to Govicle upon the discovery of any fraud, theft, unauthorised usage, abnormality in the Customer’s bill statement or any other occurrence of unlawful nature in respect of the use of the Services or the Device within 24 hours from such discovery;
    3. Comply with all notices or changes made by Govicle including any upgrading of the Govicle system as required by Govicle;
    4. Be responsible for all equipment and software necessary to use the Services and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Services; and/or
    5. Not use, permit or cause to be used the Services 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 Govicle 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 Services or the Internet

5.2 Any Transaction and/or communication sent from your mobile app shall be deemed to have been transacted and/or sent by you irrespective of whether such transaction and/or communications were actually sent by you or not. You shall be personally liable and responsible for the use of your mobile app including but not limited to all transactions undertaken and/or transacted using the mobile app once the said transaction has been authenticated irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transaction and/or communication was erroneously transacted due to our error.

  1. Rights and Liability of Govicle

6.1 Govicle shall not be liable to any Customer, any third party and/or persons authorised by or claiming through a Customer for any loss caused, damage incurred whether direct, indirect, special or suffered by any person or any personal property arising from:

    1. any upgrading or modification to the Services as it deems necessary for the proper and efficient functioning of the Govicle system including terminating the Services due to obsolescence of the mobile phone or App or the Govicle system;
    2. the use or operation of the mobile phone by any Customer or persons authorised by the Customer to use such equipment;
    3. a malfunction, defect or loss of the mobile phone and/or the Services and/or the Govicle system for whatever reasons;
    4. any interruption to and/or suspension of the Services;
    5. any inconvenience caused to any Customer or any persons authorised by the Customer; and/or
    6. using Information obtained via the Services or the Internet including, but not limited to, any damage to or loss of data caused by a virus or similar program.

6.2 Govicle at its sole and absolute discretion reserves the right at any time without being liable to the Customer or any third party whatsoever,:

    1. discontinue, disconnect, interrupt, bar or suspend the Services for such period of time as Govicle shall deem fit for any of the following reasons or any other reason whatsoever:
      1. to make any upgrading and/or modification to the Govicle system and/or the Service for its proper and efficient functioning;
      2. for the purpose of testing or correcting any malfunctioning of the Govicle system;
      3. if the license to operate the Services’ system is terminated, suspended or any other action as required by the relevant authorities and/or laws and regulations;
      4. a breach of any term or condition of this Agreement by the Customer;
      5. 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; and/or
      6. 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 Govicle.
    1. 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 Govicle and whereby the Customer with continued usage of the Services shall be immediately bound by the same.

6.3 Govicle 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 Services 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 Services.

6.4 The Customer shall indemnify and hold Govicle harmless against all claims, proceedings, actions, demands and losses which may arise as a result of the Customer’s use of the Services or any act or omission of the Customer.

6.5 In the event of any dispute/claim of ownership of the Customer’s Account, the onus of proving ownership, to the satisfaction of Govicle, 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. Govicle 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 Services in respect of the Customer’s Account pending determination of ownership or subsequent thereof.

6.6 Govicle 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.

6.7 It is agreed that, upon disclosure of any Information at any time, it is deemed that the Customer has consented to allow Govicle the right to use such Information for provision of Services herein, credit assessment and enforcement, Services and process enhancements in improving Cus’omer’s convenience, promotional and marketing purposes. In the event that such consent is retracted, Govicle shall have the right to automatically terminate the Services or any part thereof.

6.8 The Customer accepts that Govicle may revise and/or modify the terms of the Agreement. In the event of such revision and/or modification, Govicle shall communicate such revision and/or modification at Gov‘cle ‘s website or the Govicle 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.

6.9 Upon termination of this Agreement, Govicle reserves the right to retain the Parking Credit (if any) for such period as Govicle shall deem fit for the settlement of any outstanding dues or charges payable by the Customer.

6.10 Govicle accepts no responsibility, obligation or liability for products and services of the Merchants for Other Services. Govicle merely acts as the platform to promote for those Merchants.

  1. Force Majeure

7.1 Govicle shall not be liable for any breach of this Agreement caused by an act of God, 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 Govicle is not responsible or any other cause whether similar or dissimilar outside of Govicle’s control.

  1. Waiver

8.1 The Customer shall upon executing this Agreement, consents and permits Govicle to use/disclose the Customer’s personal data for purposes including the provision of the Services including but not limited to data matching, Credit Checking, for any other purpose deemed to be in the interest of Govicle and for compliance of any laws and regulations.

  1. Miscellaneous

9.1 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.

9.2 Any notice which may be given under this Agreement shall be in writing and deemed duly given to the other party if delivered by hand or sent by ordinary post to the address as stated in this Agreement or his/her last known address or by electronic means which includes application messenger, SMS, email and fax and shall be deemed to have been served at the time when it is delivered if by hand and in the ordinary course of post it would have been so delivered if by post and if by electronic means it would have been so delivered at the date and time s

9.3 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.

9.4 The Customer shall not assign this Agreement or any part thereof without the prior written consent of Govicle. Govicle shall be at liberty at anytime 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 Govi

9.5 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.

9.6 Failure by Govicle 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 a similar or any other event giving rise to such rig

9.7 Govicle 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.

9.8 This Agreement shall be binding upon the successors in title and permitted assigns of the parties her

9.9 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.

9.10 Govicle 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 Govicle’s Terms & Conditions section or may be notified to the Customer by way as Govicle may deem fit. Continued use of the Services 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 Govicle.

9.11 Govicle 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 Cus’omer’s use and utilization of the Serv

9.12 The Customer hereby agrees and acknowledges that Govicle may send notifications and communications periodically as Govicle deems appropriate; and the Customer hereby consents to receiving the same.

  1. Data Protection Obligations

10.1 Govicle is required to comply with the provisions of the Personal Data Protection Act 2010 and Govicle stands by Govicle’s privacy policy notice (“Privacy Notice”) when dealing with the Customer’s Personal Information.

10.2 Govicle Privacy Notice is made available to the Customer via Govicle’s website, mobile application and/or Platform, Online Customer service and hardcopies of the same can also be made available to the Customer upon written request.

10.3 The Customer agrees and accepts that the Privacy Notice forms an integral part of the terms and conditions of the use of the Products and Services.

10.4 For the purposes of this clause, unless otherwise defined herein and except where the context otherwise provides, all capitalised words and expressions defined in the Privacy Notice shall have the same meanings when used or referenced to herein.

10.5 The Customer agrees and accepts that by registering and/or continuing to use the Products and Services, the Customer authorises and consents to the Customer’s Personal Information being processed by and where required, disclosed to classes of third parties as identified by Govicle for the purposes of Govicle providing the Products and Services to you. For the avoidance of doubt, the Customer also hereby also explicitly consents to Govicle processing any sensitive personal data relevant for such purposes.

10.6 The Customer further agrees and accepts that it is a condition of Govicle providing the Products and Services to the Customer that the Customer provide Govicle with the accurate and complete Personal Information of yourself and/or any relevant person (including their consents) for purposes of the acquiring and/or subscription of the Product and Services.

10.7 The Customer accepts that Govicle may be required to revise and/or modify the Privacy Notice and/or Govicle’s privacy policy or notice from time to time. In the event of such revision and/or modification, Govicle will communicate such revision and/or modification at Govicle’s website. In this regard, 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.

  1. Disclaimer

11.1 By accessing Govicle’s domain and/or World Wide Web and/or Website (“the Webpages”) pages or using the Govicle System Application and/or the Platform, you agree to the following terms. You must not access or ceased to use our pages if you do not agree to all the terms as provided below.

11.2 The information on this server are protected by copyright © 2020 Govicle. All rights reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Govicle is prohibited except in accordance with the following permission. Govicle consents to you storing on your computer or printing copies of extracts from these pages for your personal non – commercial use only. Individual documents in our World Wide Web pages may be subject to additional terms indicated in those documents.

11.3 The information, logos, drawings, brand names, models, slogans, corporate identity details, etc of Govicle accessible through the Platforms are the property of Govicle and are protected by intellectual property law. Third parties’ product and service names profiled herein are trademarks and service marks of their respective companies. Nothing contained shall be construed as conferring or transferring a license of Govicle’s intellectual property rights on you.

11.4 The information on the Platform server is provided “as is”. Except as required by applicable law and except to the extent that this disclaimer (or part) is held to be invalid no warranty of any kind, either express or implied, including any implied warranty of merchantability or fitness for a purpose is made in relation to the accuracy, reliability, completeness or content of the pages. The information contained in the Webpages herein may include technical inaccuracies or typographical errors.

11.5 Govicle reserves the right to revise, vary, amend the pages or withdraw access to them at any time. Govicle assumes no responsibility for material created or published by third parties that Govicle’s Webpages have a link to as the material has not been verified or authenticated by Govicle.

11.6 Govicle shall not be responsible for any damages or losses suffered as a result of your use of the information in the Webpages and in no event shall Govicle be liable for any indirect punitive or consequential damage howsoever arising from your use of the Webpages or the information contained herein.

11.7 Please note that the content published on our platform is sourced from various service providers with careful measures in place to ensure the material is properly sourced/ appropriately attributed to the rightful owners. However, if there is any contention whatsoever on the copyright or ownership of said material featured on our platform, you can seek clarification via PM to us on FB or e-mail us at [email protected]