Term Of Use
Thank you for your interest in Farego!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. Introduction Farego Travel & Tours Sdn. Bhd. and its subsidiaries (collectively, “Farego”, “we”, or “us”), provide an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Farego is accessible online including at Farego.com and as an application for mobile devices. Farego’s websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Farego users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Farego. These Terms, together with Farego’s Privacy Policy, applicable insurance terms and certificates, roadside assistance terms, and the user Policies accessible via the Services (the “Policies”) constitute the “Agreement” between you and Farego (each a “Party” and together, “the Parties”). Modification. Farego reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Farego Account within 30 days. If you choose to close your Farego Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you. Eligibility, registration, verification Eligibility The Services are intended solely for persons who are 22 or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited. Registration To access certain features of the Services, you must sign up for an account with us (a “Farego Account”). You can create a Farego Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Farego Account up to date at all times. Based on information you provide, Farego may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). Verification Where permitted, Farego has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Farego does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Farego may in its sole discretion use thirdparty services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Farego to request, receive, use, and store such information. Farego may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Farego may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off) and not subject to any applicable safety recalls. Consumer Report Authorization. When you attempt to book or list a vehicle, or at any time after where Farego reasonably believes there may be an increased level of risk associated with your Farego Account, you hereby provide Farego with written instructions and authorize Farego, in accordance with the Credit Reporting Agencies Act 2010, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law. Fees, taxes Fees The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Host Tab. When you provide Farego a payment method, you authorize Farego, or third-party service providers acting on Farego’s behalf, to store your payment credential for future use in the event you owe Farego any money. You authorize Farego to use stored payment credentials for balances, including for trip costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). Any use of referral travel credit is governed by the terms and conditions outlined in the agreement. Collection of fees Farego and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Farego, or the collection agencies we retain, may also report information about your Farego Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Farego Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Farego reported to a credit bureau, please email us at hello@farego.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Farego Account, you must contact the collection agency directly. Taxes In certain jurisdictions, Farego may enable the collection and remittance of certain taxes from or on behalf of guests or hosts, based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by Farego will be visible to, and separately stated, to both guests and hosts on their respective trip related documents and invoices. Where Farego is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction. Your commitments You agree that you will always use your Farego Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Farego. Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your Farego Account. Keep your Farego Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Farego Account, whether or not you have authorized such activities or actions. You will immediately notify Farego of any actual or suspected unauthorized use of your Farego Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Farego Account unless you have reported unauthorized access to us. Content Farego Content and User Content License. Subject to your compliance with the provisions of these Terms, Farego grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Farego and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Farego or its licensors, except for the licenses and rights expressly granted in these Terms. User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Farego promotional campaigns, you grant Farego a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Farego photography provided to hosts, Farego does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content. Copyright Protection. We respond to notices of alleged copyright infringement and terminate Farego Accounts of repeat infringers according to the process set out in the Malaysia Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can email us at hello@farego.com. Prohibited activities In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to: Violate any law, including: Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights Post false, inaccurate, misleading, defamatory, or libelous content Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Farego, or that comes from the Services and belongs to another Farego user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Farego Dilute, tarnish, or otherwise harm the Farego brand in any way, including: Through unauthorized use of the Services and/or user content Registering and/or using Farego or derivative terms in domain names, trade names, trademarks, or otherwise Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Farego domains, trademarks, taglines, promotional campaigns, or Farego and/or user content Provide or submit any false or misleading information, including: False name, date of birth, driver’s license details, payment method, insurance, or other personal information In relation to a claim (for example about damage to a vehicle) By registering for a Farego Account on behalf of an individual other than yourself Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity Fail to honor your commitments, including: Fail to pay fees, penalties, or other amounts owed to Farego or another user Fail, as either a guest or host, to timely deliver, make available, or return any vehicle, unless you have a valid reason Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to Farego’s provision of the Services (aka, gray market transactions, which do not necessarily require the exchange of money) Transfer your Farego Account and/or user ID to another party without our consent Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Farego in certain limited circumstances Harm or threaten to harm users of our community, including: Harass, stalk, or defame any other Farego user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms Engage in physically or verbally abusive or threatening conduct Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Farego community Sue or assert legal claims against Farego or a Farego user in any manner prohibited or waived by these Terms Use the Services for your own unrelated purposes, including to: Contact another Farego user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user Commercialize any content found on the Services or software associated with the Services, including reviews Harvest or otherwise collect information about users without their and our consent Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Farego, without our prior written approval Interfere with the operation of the Services, including by: Interfering with any other user’s listings Entering into a Farego transaction with a member of your family, household, friend, colleague, or acquaintance Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam) Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Farego or the interests or property of others Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise Using, displaying, mirroring, or framing the Services or any individual element within the Services, Farego’s name, any Farego trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Farego’s express written consent Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Farego or any of our service providers or any other third party (including another user) to protect the Services Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services Endeavoring to circumvent a suspension, termination, or closure of your Farego Account or the account of another Farego user, including, but not limited to, creating a new Farego Account or listing vehicles affiliated with or registered to a Farego Account holder that has been suspended, terminated, or closed. Other legal matters Violations. Farego has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement violations of the Agreement to the fullest extent permissible by the law. Farego reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Farego, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Farego, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Farego Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law. Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion. Communications with you. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Farego Account or Farego Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Farego is required to obtain your consent for such communications, you may choose to revoke your consent. You authorize Farego and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Farego or its agents for quality control and training purposes. You acknowledge and understand that your communications with Farego may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through email to hello@farego.com. Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party. Insurance and protection plans. Farego is not an insurance company and does not insure hosts or guests. Host and guest protection plans made available through the Services are in no way related. To be eligible for coverage under a protection plan, hosts and guests must comply with these Terms. Protection plan details and other specifics can be found in the below section. Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services. Specific terms for guests The following sections also apply if you book a vehicle using the Services: Guest commitments As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle well and will take all reasonable measures to return the vehicle on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked. Guest financial responsibility for physical damage to the vehicle The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not. Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Farego, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Farego to make a claim for coverage under any policy of insurance that applies to the loss. The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage. Use of the vehicle When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Grab or delivering food or other packages) unless you have express written permission from Farego’s Legal Department in advance. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Farego has any concern about your use of a vehicle, Farego may terminate your trip at its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please email us at hello@farego.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law. Condition of the vehicle You understand that third parties own the vehicles offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation via the Farego mobile apps to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Farego, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Farego team immediately at +6010 4663034 (Whatsapp only). No responsibility for shared vehicles You acknowledge that Farego is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements. Incident reporting 6. Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Farego at hello@farego.com, or +6010 4663034 (Whatsapp only. For damages which caused by third party’s fault (Example the car is hit from the back by the third party), you are required to get information from the third party driver which include the driver’s name, IC/Passport, driving licences and vehicle registration number. To ensure the subsequent claiming process is going smooth and also for safety reason, don’t ever mention about your trip details to anybody and never mention that you are renting/hiring the car now. Simply call our representative and our team will handle the rest of the procedures. In the event of damages caused by the third party, you are responsible to pay 3 days rental to FAREGO and in the event of shortage of fleet, FAREGO has a right to replace the car to any available model/group as long as the number of seats can accommodate all the passengers. In the event of FAREGO has to proceed with the downgrading of the model as a replacement of the fleet (post-accident), no refund will be offered to the hirer/customer to compensate the price differences (if any). Vehicle theft The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan: If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services. If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period If you fail or refuse to communicate in good faith with the host, police, Farego, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or Farego material to the booking, use, or operation of vehicle The primary guest who books the reservation is responsible for any private investigation costs Farego deems necessary to recover a vehicle that is not returned. In addition, a RM2,000 case administration fee will be imposed on the primary guest if Farego and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned. Repossession. Farego, a hired agent of Farego, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms. Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, provide a full information pertaining to the lost event for host to lodge a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Farego, and other authorities in all matters related to the investigation. Specific terms for hosts The following sections also apply if you share your vehicle through the Services: Host commitments As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (nonsalvage/branded/written off) title, and in good mechanical condition. You will provide such a vehicle on time but only to a guest who is listed on the Services as an Approved Driver for the trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared and it will not have any illegal modifications to any part of the vehicle. Information given at registration When you sign up for Farego, you will identify the passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation. Farego photography Farego may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Farego listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Farego is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Farego’s ownership or registration thereof. You acknowledge that Farego may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Farego photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Farego. At Farego’s request, you will execute documents and take such further acts as Farego may reasonably request to assist Farego to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images. Vehicle availability Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Farego and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license. Pricing, earnings, and payments You will have the ability to set and revise the vehicle’s pricing as you choose. Farego will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to Farego. To the extent you owe Farego money for any reason, Farego also reserves the right to deduct those amounts from your payment. Payment Processing. In some countries, payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the Stripe Terms). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Farego enabling payment processing services through Stripe, you authorize Farego to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate and complete information about you, and authorize Farego to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Farego reserves the right to switch payment processing vendors at its discretion. Maintenance You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-written off, nonwashed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Farego believes that your vehicle does not conform to reasonable standards, Farego may notify you and reserve the right to remove or decline listing your vehicle until its concerns have been resolved. Farego may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services. Reporting vehicle damage You are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage. Based on the investigation, Farego or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period. If Farego is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Farego or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage. Exclusions to physical damage reimbursement and coverage. Personal property, including aftermarket installations (e.g., equipment racks), that are taken from your vehicle or damaged during a trip. Remove all personal property before making your vehicle available for a reservation. Normal wear and tear to your vehicle Other host-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the Services. You must maintain your own auto insurance policy for any vehicle you list on the Services and such policy must meet any minimum insurance levels required by law. You agree to provide Farego with information regarding your auto insurance policy as may be requested and to keep such information up to date. Where not prohibited by law, you hereby appoint Farego or a wholly owned subsidiary of Farego as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, guests, or private entities to recover your vehicle, as necessary. Missing vehicles If your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a Farego representative and follow his or her instructions, including cooperating with Farego, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Farego to file a police report, you must do so within 24 hours of receiving those instructions. General provisions Termination You may discontinue your use of the Services at any time and Farego may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Farego may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement. No vehicle transfer or assignment Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the Services. Disclaimers FAREGO PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, FAREGO DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, FAREGO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Farego makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Farego makes no warranty regarding the quality of any listings, vehicles, hosts, guests, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Farego, an appointed insurance agency, or its service providers or through the Services or content, will create any warranty not expressly made herein. Limitation of liability and waiver YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST FAREGO AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “FAREGO PARTIES”) AND ANY FAREGO USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR GUEST. YOU AGREE THAT NEITHER FAREGO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES. Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Farego Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) RM500. Indemnification You agree to release, defend, indemnify, and hold Farego and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Farego and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect. Liquidated damages You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Farego to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Farego domains, trademarks, or taglines without Farego's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising keywords, (3) suing or asserting legal claims against the Farego Parties or a Farego user in any manner prohibited or waived herein, (4) as a host, sharing your vehicle via the Services with expired registration stickers or without current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the subject of a missing or stolen vehicle report, or (6) creating or using a Farego account that has the effect of circumventing Farego’s suspension, termination, or closure of another Farego account. You will pay Farego RM20,000 per breach in Liquidated Damages to compensate Farego for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Farego and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect. Not a rental car company Farego is not a rental car company. It does not own a fleet of vehicles, and is not in the business of renting vehicles to the public. Farego provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms. Rounding off Farego may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law. Contact us Farego can be contacted in Malaysia at 12A-1, Jalan Puteri 2A/1, Bandar Puteri Bangi, 43000 Kajang Selngor. If you have any questions for us concerning the Agreement, or Farego generally, please contact us at hello@farego.com. Translations Where Farego has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence. Governing law The parties agree that the substantive laws of the state of Malaysia apply to these Terms and the Agreement without regard to conflict of law provisions. Severability and non-waiver In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach. General Farego does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Farego and Farego will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms. The Agreement, including these Terms, states the entire understanding between you and Farego concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Farego. You will remain responsible for your obligations hereunder in any event. A Farego Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such sections. Annex 1 A. Vehicle Eligibility Requirements All vehicles must meet Farego’s list of requirements and for Commercial Hosts. Certain vehicle types can’t be listed on our platform. Farego reserves the right to modify its eligibility requirements at any time for any reason. To list a vehicle on Farego, you must: List only eligible passenger vehicles that are registered to you or to an owner who’s authorized you to list List only vehicles that are registered and located in Malaysia and Indonesia Ensure your vehicle meets all legal requirements for your region Maintain your vehicle and continue to meet our maintenance and safety standards as your vehicle ages Be no more than 5 years old (see below for exceptions for “specialty” vehicles) Meet our insurance requirements Have never been declared a total loss Delivery This is the amount a host charges to pickup and drop off a vehicle. That single listed fee covers delivery at the start and end of a trip. C. Guest Fees If you disregard Farego guidelines or violate policies, you may be charged a penalty fee. Farego may also charge a processing fee for some actions. If you cancel a trip outside of the free cancellation period or fail to show up for a booked trip, Farego will charge you a cancellation fee. See a summary of guest fees below and open the links for further details. Additional distance fee: If you exceed the mileage included in your trip, your host can charge you an additional distance fee for each added mile/kilometre driven. Claims processing fee: If you or your host files a vehicle damage claim and have Farego handle it, we’ll charge you a claims processing fee. There are no fees if you and your host resolve the claim independently. o Malaysia – Up to RM100 for minor to moderate vehicle damage and up to RM600 for severe vehicle damage, in addition to appraisal costs of up to RM75 Cleaning policy violation: If you return the car unreasonably dirty, you may be charged a cleaning fee. o Moderate cleaning - up to RM50 o Heavy cleaning - RM100 o Severe cleaning - RM150 o Pet cleaning/policy violation - RM150 o Multiple cleaning issues - RM250 EV recharging fee: If you return an electric vehicle with missing electric charge, your host can charge you a fee of RM50 for a 0%– 20% remaining charge, RM20 for a 21%–50% remaining charge, and RM10 for a 51%–80% remaining charge. Gas replacement convenience fee: If you fail to replace the gas before returning a vehicle, your host can charge you a RM10 convenience fee in addition to their cost to replace the gas. Gray market policy violation: If you make payment outside of Farego for charges meant to be handled via the platform, we’ll charge you a RM150 processing fee plus liquidated damages of RM5,500 as per our Terms of service. Guest cancellation fee (outside the free period): If your trip is less than 2 day long, we’ll charge you 50% of the trip cost + 50% of any delivery fee. If your trip is 2 days or longer, we’ll charge you one day’s average trip cost + 50% of any delivery fee. Guest no-show fee: If your trip is less than 2 days long, we’ll charge you 75% of one day’s average trip cost + 50% of any delivery fee. If your trip is 2 days or longer, we’ll charge you two day’s average trip cost + 50% of any delivery fee. Improper return fee: Farego may charge you a RM50 improper return fee if you fail to respond to requests to return a vehicle, abandon a vehicle, force a trip cancellation, or for other reasons we determine. Late return fee: If you return a vehicle 2 hours or more past the trip’s scheduled end time, your host can charge you a RM20 fee, in addition to the cost of your additional use of the vehicle. Pet policy violation: If you return a vehicle with an excessive amount of pet hair or if you transport a pet without permission in a vehicle not labeled as “pet friendly,” your host can charge you a pet cleaning fee of RM150. No smoking policy violation: Neither you nor your passengers may smoke in any vehicle on Farego. Penalties range from a RM50 fee to removal from the platform. D. Host Fees As a host, if you disregard Farego policies, we’ll charge you a violation fee. If you cancel a trip or fail to show up for a booked trip, Farego will charge you a cancellation fee. Cleaning policy violation: If a guest provides photo evidence that a car wasn’t clean at pickup, we may charge you a cancellation fee. If the guest doesn’t provide photo evidence, we’ll pay you one day’s average trip cost for trips longer than 2 days; 50% of one day's average trip cost for trips shorter than 2 days. Damage claim filed without valid pre- and post-trip photos: If you submit a damage claim and haven’t uploaded valid pre- and post-trip photos that document the car’s condition, we’ll charge you a RM25 fee. Frivolous (non-covered) damage claims: If you file a claim that’s invalid or illegitimate, we’ll charge you a RM25 fee. Gray market policy violation: If you accept payment outside of Farego for charges meant to be handled via the platform, we’ll charge you a RM150 processing fee plus liquidated damages of RM5,500 as per our Terms of service. Host no-show: If you fail to show up for a booked trip, Farego will charge you a RM150 fee. Host trip cancellations: If you cancel a trip more than 24 hours before it starts, we’ll charge you a RM25 cancellation fee. If you cancel less than 24 hours before a trip starts, we’ll charge a RM50 cancellation fee. Maintenance policy violation: If you fail to follow Farego’s maintenance requirements for listing your vehicle or disregard laws and regulations for vehicle safety, condition, and operation in your area, we’ll charge you a RM100 fee plus a RM200 roadside fee if roadside assistance is dispatched. Material misrepresentation: (Malaysia and Indonesia) If you submit false or misleading information for a claim or reimbursement, Farego will charge you a minimum of RM200 up to a maximum of RM2,000. Reimbursement tool & Claims resolutions tool Misuse policy violation: If you use the Reimbursement tool or the Claims resolution center to file an ineligible expense or claim, we’ll remove any related reimbursement received and charge a RM50 fee for the first offense, a RM200 fee for the second offense, and a RM500 fee for subsequent offenses. Terms of service or other policy violation after receiving a formal written warning: If we issue a formal warning about a terms of service or policy violation and you comment on subsequent violations, we’ll charge you RM500 for the first offense, RM1K for the second. Unreported guest no-show : If a guest doesn’t show up for a trip, you fail to report the no-show, and you collect earnings, we’ll remove the trip earnings. Vehicle misrepresentation - If you fail to disclose a vehicle’s issues or damage, improperly describe or display your vehicle, or commit other acts of misrepresentation, we’ll charge you a RM100 per violation plus RM200 fee if roadside assistance is dispatched. |