Terms and Conditions
Important – Please read these terms carefully before using this application and the services provided by this application.
Dre Tech Pte Ltd (“the Company”) is a Technology Company that does not provide transportation services. The Company is not a transportation provider. It is entirely up to the third party transportation providers to offer such transportation services to you and it is entirely up to you to accept such transportation services. The service provided by the company is to link you with such transportation providers. No act by the company shall be construed in any way as a transportation service or an act of a transportation provider. The company is not and cannot be held responsible or liable for the acts and/or omissions of any transportation provider and/or any transportation services provided resulting from the use of the application or the services.
The Establishment of a Contractual Relationship
By using the application “Dre Valet” (“Application”) and the services available on the Application (“Services”) provided by the Company you agree that you, as an individual, have read, understood, accepted and agreed with these Terms and Conditions (“Terms”). These Terms will constitute a legal contract and binding agreement between yourself and the Company, and govern your use of the Application and its Services, from within anywhere in Singapore.
Entire Agreement with the Company
Your access and usage of the Application and Services thus constitutes your agreement to be bound by these Terms. Specifically, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time in the Application, the website, via email, or via the Services. If you do not agree to or fall within these Terms, please discontinue accessing and using the Application and Services immediately.
These Terms expressly supersede all and any prior agreements or arrangements that the Company may have with you. The Company reserves the right, at its sole discretion, to modify, vary and change these Terms or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to these Terms shall be effective upon the posting of an updated version at http://drevalet.com/terms.html. The latest of the updates shall prevail over these Terms in the event of a conflict situation. It is your own responsibility to review these Terms regularly, and continued access and use of the Application and Services after the posting of such constitutes an expression of consent to be bound by the amended Terms.
Term and Termination
This contract between the Company and yourself is concluded for an indefinite period. You, as a user of the Application and Services, may terminate the contract by deleting the Application permanently such that you no longer have any access to the Application or Services.
The Company may immediately terminate these Terms, the Application or its Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Without any prejudice to the generality of the clause above, the Company reserves the right to suspend, restrict or even terminate your access to the Application or Services at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit the Company’s right to take any other action against you that we consider appropriate to defend the Company’s rights or the rights of any other person.
The Company may close or suspend your user account that you have with us by providing you with no less than 1 day’s notice in writing by email to the email address that you have registered with us. The Company may also close or suspend your user account that you have with us immediately without notice in any of the following events:
- You breach of any obligations including warranties, representations or guarantees under these Terms or any related rules, policies or anything else of similar nature;
- You engage in deceptive or fraudulent practices;
- You do not pay a court judgment on time;
- Bankruptcy or insolvency proceedings are brought against you; or
- The Company concludes, at its sole discretion, that the acts, omissions or attitudes have resulted in or may result in harm to the Company or any others.
Such closure of your account does not affect any obligation that you may have to make payment in relation to the use of the Application or Services. This is up to and including the time that you stop using the Application or Services. The Company may keep any and all details relating to payment, regardless of whether you have deleted them, for the purposes of recovering any monies that you may owe the Company.
You, as a user of the Application and Services, shall not be entitled to any compensation, indemnity, right or any recourse of similar nature for any such termination, restriction, suspension or alike as listed above.
You expressly agree and consent to the Company’s use and processing of your personal data for the purposes and in the matter as described below. For the purposes of these Terms, “Personal Data” refers to any information or data about you, including but not limited to your name, identification card/passport/birth certificate number, date of birth, nationality, address, telephone/hand phone/office number, credit/debit card details, email address, as well as any sensitive personal data. The Company may use and process such Personal Data for its activities, including, but not limited by, the following:
- To perform any and all its obligations under these Terms;
- To process your participation in any events, promotions, competitions, research studies, surveys and all such other activities, as well as to communicate with you regarding your attendance thereto;
- To process any and all charges, payments, discounts, refunds, and rebates pursuant to these Terms;
- To respond to any and all of your enquiries, comments, feedback and responses;
- For any purposes related to the detection, prevention and prosecution of deceitful or criminal activity;
- To ensure the Company’s compliance with all of its obligations under law;
- To provide to claims processors or insurers any and all necessary information (including Personal Data) should there be any complaint, conflict or dispute arising as a result of the use of the Application or its Services, which covers any and all complaints, conflicts or disputes involving you in your capacity as a user of the Application and Services, regardless of the involvement of any third parties (which may consist of a third party provider); and
- To share your Personal Data amongst the companies within the Company’s agents, advertisers, developers, partners, sponsors, Third Party Providers and any such related companies that may communicate with you for any reasons whatsoever.
The Services Provided
Provision of Services
The Application is a technology platform that enables its users to arrange and schedule valet services with independent third party providers of such Services, which includes both external professional valet companies and free-lance drivers (“Third Party Providers”). The Company requires all Third Party Providers undergo a screening exercise when entering into agreement with them for the provision of the Services to ensure that such Third Party Providers fulfill the Company’s requirements as to quality (“Quality”). The Company shall, at its sole discretion, determine, free from any restriction as to qualifications, skills, and character whatsoever save as so imposed by the applicable law, whether an independent third party provider is of such required Quality. Whilst the Company makes every endeavour to ensure that all Third Party Providers are at all times of the required Quality, the Company provides no warranty, representation or guarantee as to whether or not they are of such Quality, and disclaims any liability from any occurrence, event or whatsoever resulting from, or in relation to, the Quality of Third Party Providers to the extent allowed under the applicable law.
You expressly acknowledge that the services provided by the Company are not valet, transportation, logistics or other services of similar nature. All such valet, transportation, logistics or other services of similar nature are provided by independent third party contractors, and are not employed or affiliated to the Company. The provision of such services is therefore subject to a further agreement between yourself and such independent third party contractors to which the company will not be a party to.
Subject to your strict, complete and absolute compliance with these Terms, the Company grants you a limited, personal, non-commercial, non-exclusive, non-transferrable, non-sublicensable, and fully revocable license to:
- Access and use the Applications solely in connection with your use of the Services; and
- Access and use any content and alike that are available via the Application or the Services.
Any and all rights not expressly granted herein are reserved by the Company and its licensors. The Company will not be and cannot be held to be liable for any damage suffered by users that have violated the rights of others, including by copying, or otherwise transferring in any manner protected content not made, or intended to be made, available via the Application or the Services.
You shall not:
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Application and/or the Services to any third party in any way, whether in whole or in part;
- Make any modifications or derivative works based on the Application and/or the Services, which includes the entire range of possible changes from minor modifications to derivative works of substantially different nature;
- Reverse engineer or access the software used to effect the Application and the Services;
- Launch an automated program, device, process or script, which includes, but is not limited to, web robots, viruses or any program of similar nature that is able to make multiple server requests each second, to mine for data, or in any way reproduce or hinder the software, Application and/or Service;
- Attempt to gain unauthorised access to the software, the Application and/or Service; or
- Otherwise engage in any acts or omissions that may cause damage or hurt to the Company.
You expressly acknowledge that the Application, the Services and all relating software and all other alike items and rights are and shall remain the property of the Company or its licensors and that nothing in these Terms or the use of the Application, the Services and all relating software and all other alike items and rights will grant to you any rights beyond the limited license granted in Clause 2.b. above.
Third-Party Services and Content
The Application and the Services may, from time to time, be made available or accessed in connection with third party services and content that is not within the Company’s control. During the use and/or access of such third party services and/or content, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions or competitions of such third party advertisers, service providers, or sponsors. You thus expressly acknowledge that different terms and conditions of use, and privacy policies may apply to your use of such third party services and content. Any such activity, and accordingly, any terms and conditions, warranties, representations, guarantees and alike associated with such activity, is solely between you and the applicable third-party, and that in no event shall the Company be responsible or liable in relation to the above. Specifically, the Company does not endorse any such third party services and content, in particular any applications, services, software, websites, or whatsoever that may be linked through the Application or the Service, save for other services and content owned and provided for intentionally and specifically to you by the Company. This is despite the possibility that the Company may use third party advertising and/or marketing for the purposes of earning addition revenue or to subsidise the Application and/or the Service.
Your Use of the Services
In order to access and use the Application and the Services, you must register for and maintain an active user account. To obtain an account, you must be at least 18 years of age. You must also submit certain Personal Data as necessary, including at least one valid payment method. You are responsible for all acts and omissions that take place under your user account, and you therefore expressly agree that the security and secrecy of your user account username and password will be maintained at all times and that you will not partake in any act or omission that could possibly compromise the above. By creating an Account, you agree that the Company may send you informational text (SMS) messages, in-application notifications and emails as part of the normal business operation of your use of the Application and the Services.
User Requirements and Conduct
Only registered users with a user account may use the Application and the Services. By registering for a user account to use the Application and the Services, you are expressly agreeing to:
- Provide truthful, complete, accurate and up to date information, including Personal Data, during the registration process;
- Provide proof of identity when so required by the Company for the purposes of verification in relation to the use of the user account, or the access or use of the Application and the Services;
- Use the Application and the Services in good faith at all times, without breaking any laws, regulations, policies or rules of similar nature of Singapore;
- Use the Application and the Services in good faith at all times, without breaching any of these Terms and solely for the purpose for which they are intended to be used;
- Use the Application and the Services solely for your personal, non-commercial use with no intention to resell to a third party;
- Never assign, transfer or otherwise authorise the use of your account by any third parties;
- Never copy, distribute or otherwise conduct any transference of similar nature the Application, the Services or other content of the Company without the Company’s written permission; and
- Ensure that neither the Application nor the Services are used in a manner that causes or results in damage or hurt to the Company or any other person, which includes using them for deceitful or fraudulent purposes, or to otherwise cause annoyance, inconvenience or nuisance.
Photographs for Specific Purposes
You understand that upon your engagement of the Services, the Third Party Provider may take photographs of the motor vehicle to be used for the Service (“Vehicle”), or require you to provide photographs of the Vehicle for the purposes of ascertaining the quality and condition of the Vehicle. You expressly waive all rights that you have that may prevent the Third Party Provider from engaging in the above acts for the above purpose. In particular, in the event that you provide photographs of the Vehicle, you hereby grant to the Company a non-exclusive, fully paid and royalty-free, worldwide, limited license to use and reproduce photographs of the Vehicle for the purposes of ascertaining the quality and condition of the Vehicle immediately prior to, and immediately subsequent to, the provision of the Service so engaged. The Company, however, does not claim any ownership rights to any photographs in events referenced above.
You are solely responsible for obtaining the data network access required for the use of the Application and the Services. Your mobile network’s data and messaging rates and fees may apply should you access and/or use the Application and/or the Services from a wireless-enabled device, and accordingly, you shall be solely responsible for all such charges. You expressly acknowledge that you will not hold the Company responsible for any malfunctions and/or delays inherent in the use of electronic communications and the data network access in general.
The Company may, in its sole discretion, create promotions and corresponding promotional codes that may be redeemed for credit, or other features or benefits related to any of the Services and/or to third party services, subject to any additional terms that the Company establishes on a per promotional code basis. You thereby expressly agree that such codes:
- Must be used in accordance with the applicable law;
- Must be used solely for the intended audience and purpose as put forth by the Company and pursuant to the precise terms established by the Company;
- Must not be sold, transferred or made available to a third party in any manner alike without the express permission of the Company;
- Cannot be exchanged for cash; and
- May expire prior to your use.
The Company reserves its right to withhold or deduct credits or other features or benefits obtained through the use of such codes by all users.
The precise terms of our charges and the rates for the use of the Services, and payment structure in connection with the Services is as provided in the Company’s Pricing and Payment Policies, which may be found at http://drevalet.com/faqs.html.
You expressly acknowledge understanding of, and agreement to provide payment in full for all services provided by the Third Party Providers through the use of Application and/or Services. Payment must be provided regardless of any malfunction of the Application or dissatisfaction with the quality of service, and the fees 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 also expressly acknowledge that third parties may nominate the Company to collect payment on behalf of parties that such payment is owed to.
Disclaimers; Limitation of Liability; Indemnity
Obligations and Liabilities of the User
You expressly represent, warrant and guarantee that:
- You use the Application and the Services out of your own free will with full knowledge of all risks involved, and thereby accept all responsibility and risk on “as is” and “as available” basis to the maximum extent as allowed by the applicable law.
- All laws, regulations and other rules of similar nature that are applicable to the Vehicle under the applicable law for the Third Party Provider valet to be able to provide the valet service and all other services intended and allowed by the Application and the Services have been complied with. This includes, but is not limited to, ensuring that there is a valid Certificate of Entitlement in relation to the Vehicle, that all road tax and other applicable taxes in relation to the Vehicle have been paid, and that the Vehicle is not, and has never been used for, or in connection with, any illegal, illegitimate activities or any other similar natured activities that may cause damage or hurt to the Company.
- All licences, permits and alike that are required under the applicable law for the Third Party Provider valet to be able to provide the valet service and all other services intended and allowed by the Application and the Services have been attained and are in full effect.
- The Vehicle is one that may be driven by a holder of a Class 3, 3A, 3C or 3CA licence recognised under the applicable law.
- You are either the owner of the Vehicle, or have been authorised by the owner of the Vehicle to use the Vehicle for the purposes of procuring the valet services and all other services intended and allowed by the Application and the Services, and that accordingly, you shall provide the Third Party Provider valet with the authority to do all that is reasonable to provide such services, which includes, but is not limited to, the necessary documentation of the Vehicle for the purposes of ascertainment and the proof of its condition.
The Vehicle is of road-worthy quality and condition; in particular, that the vehicle meets at minimum the following basic safety requirements as follows:
- All warning lights are entirely functional;
- There is no indication of leaking fluids anywhere on or near the vehicle;
- No part of the vehicle, is in contact with the ground with the exception of the wheels;
- That there are no material scratches, cracks or chips of the windscreens or windows;
- All panels, bumpers, mirrors and moldings are completely secure;
- The light lenses (both front and rear) are not damaged;
- Tyre treads are at least 2mm deep;
- Tyres are not damaged or deformed; and
- Essential peripheral items are with the vehicle, which includes but is not limited to, the user manual, wheel jack, spare tyre, and locking wheel nuts.
- The Vehicle is validly insured with a motor insurance policy issued by a reputable insurer that will provide the necessary coverage for the third party driver in the provision of the valet service and all other services intended and allowed by the Application and the Services. In particular, such motor insurance policy shall cover third-party drivers, and does not exclude drivers that are driving the car for “ride-sharing” applications or alike, such that the Third Party Provider valet will be covered under the said insurance policy.
- There is sufficient fuel in the Vehicle for the complete provision of the valet service and all other services intended and allowed by the Application and the Services as so required under these Terms, failing which the Third Party Provider valet reserves the right to top up the Vehicle’s fuel to the extent necessary for him to fully perform the above obligations. The topping up of the Vehicle’s fuel and the costs arising from the action are considered as services provided by the Third Party Providers through the use of the Application and/or Services that are chargeable and must be paid for in full under Clause 4 immediately upon demand by either the Company or the Third Party Provider (as applicable).
Obligations and Liabilities of Company
The limitations and disclaimers in this section only purport to limit liability or alter your rights as a user to an extent permissible under the applicable law.
Disclaimers of Warranties, Representations and Guarantees
THE COMPANY EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS. THIS INCLUDES, BUT IS NOT LIMITED TO THE RELIABILITY, MERCHANTABILITY, FITNESS, TIMELINESS, QUALITY, AVAILABILITY OR COMPLETENESS OF THE APPLICATION (INCLUDING THE SOFTWARE) AND THE SERVICES. IN PARTICULAR, THE COMPANY EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES THAT THE APPLICATION (INCLUDING THE SOFTWARE) AND THE SERVICES WILL BE SECURE, TIMELY, SMOOTH OR FREE OF ERRORS, OR AS TO THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS AND THEIR BEHAVIOUR, DISPOSITION, ACTS AND/OR OMISSIONS. THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU THEREFORE EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND/OR SERVICE, AND ANY THIRD PARTY SERVICES, REMAIN SOLELY AND ABSOLUTELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW.
Limitation of Liability
The Company accepts liability for death or personal injuries caused by our negligence and as liability for fraudulent misrepresentation by us to the extent required under the applicable law.
However, except as explicitly accepted above, the Company and/or its licensors shall not be liable for direct indirect, incidental, special, exemplary, punitive or consequential damages (including emotional distress, lost profits and other economic advantages, lost data, personal injury or property damage) related to, in connection with, or otherwise resulting from any use of the application and the services to the extent permitted under the applicable law. This is applicable even if the Company has been advised of the possibility of such damage, liability and/or losses. The Company shall not be liable for any damage, liability or losses arising out of:
- Your use of or reliance on the Application and/or Services;
- Your inability to access or use the Application and/or Services;
- Errors, defects, malware and viruses of the Application, in particular the software, or any electronic communications between yourself and the Company (including its agents and employees);
- Any and all reliance that you placed, or could reasonably have placed, on the completeness, accuracy or existence of any information provided in general, including for the purposes of marketing, advertising or communications between yourself and the company (including its agents and employees);
- A force majeure event, including an act of god or any such event beyond the reasonable control of either parties; and
- Any transaction or relationship between you and any Third Party Provider or Service. Specifically, the Company does not, will not, and cannot be expected to select, assess or monitor the capacity (physical or mental), suitability, safety, legality, ability, movement or location of any Third Party Providers.
This is applicable even if the Company has been advised of the possibility of such damage, liability and/or losses.
If the Company breaches these terms, the Company shall only be liable for damage and/or losses which are reasonably foreseeable consequences of such a breach.
In any event, insofar as allowed under the applicable law, any claims by you against the Company and the Company’s total liability shall be limited to the lower of the 1) aggregate amount of all amounts actually paid by and/or due from you in utilising the Service during the event giving rise to such claims and 2) S$1,500.
Indemnity of the Company
To the extent permitted by the applicable law, you agree to defend, indemnify and hold harmless the Company and its licensors, officers, directors, employees, agents and representatives alike from any and all claims, suits, demands, losses, liabilities, damage and expenses (including attorneys’ fees and court costs) arising out of or in connection with:
- Your use of the Application or the Services;
- Your dealing with the Third Party Providers or services;
- Your breach or violation of the applicable law or regulations, whether or not reference herein;
- Your breach of, or violation of, or failure to fulfill your obligations under these Terms;
- Your violations of any rights of third parties, including but not limited to Third Party Providers;
- Your misuse or failure to properly use of the Application or the Services; or
- The Company’s use of user content or Personal Data.
This contract, which covers all of these Terms, and all non-contractual or other matters or obligations arising out of, under or in connection with, shall be exclusively governed by and construed in accordance with Singapore Law, without regard to the choice or conflicts of law provisions of any jurisdiction.
In the event of any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Application, the Services or these Terms, including those relating to its validity, its construction or its enforceability (“Dispute”), the parties undertake that they shall seek to have the Dispute resolved amicably by mediation. All rights of the parties in respect of the Dispute are and shall remain fully reserved. The entire mediation shall be strictly confidential to the parties. The venue of the mediation shall be Singapore, in the English language and unless the parties otherwise agree, the fees and expenses of the mediator and all other costs of the mediation shall be borne equally by the parties. Each party shall bear their own respective costs incurred in the mediation regardless of the outcome of the mediation. If the Dispute is not resolved to the satisfaction of either parties within 60 days of service of the notice initiating mediation, or if either party fails or refuses to participate in the mediation, of if either party serves written notice terminating the mediation under this clause, then either party may refer to the Dispute to the Singapore International Arbitration Centre (“SIAC”) for arbitration in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the Parties (the “Arbitrator”). Should the Parties be unable to agree on an arbitrator, the President of SIAC shall appoint the Arbitrator in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language, and the fees of the Arbitrator shall be borne equally by the Parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
You expressly agree to maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations which:
- Are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement); or
- Are otherwise acquired by you from the Company, whether directly or indirectly.
These obligations of confidentiality shall not apply to the extent that you can show that the relevant information at hand:
- Was at the time of receipt already in the recipient’s possession;
- Is, or becomes in the future, public knowledge through no fault or omission of the recipient;
- Was received from a third-party who had the right to disclose it; or
- Is required to be disclosed by the applicable law.
Severability of Terms
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under the applicable law, such provision or part thereof shall to that extent be deemed not to form part of these Terms. Such provision shall be struck out. This will, however, not affect the legality, validity and enforceability of the other provisions in these Terms, and they shall be enforced to the fullest extent under the applicable law.
The Company’s failure to enforce any of these Terms, or any or all of its rights under, arising for, or in relation to, the contract, shall not constitute a waiver of such Terms or such rights unless so acknowledged and agreed to by the Company in writing.