General Terms of Use

 

Last updated on 2nd of August 2023

 

Welcome to TEKSI!

These Terms of Use (“Terms”) govern your use of TEKSI mobile applications, websites, products, content, facilities, and platform (collectively, the “Platform”). 

You form a contract with us (“TEKSI”, “we”, “us” or “our”) when you confirm that you accept these Terms or when you otherwise use the Platform.

Supplemental terms may apply to a particular category of TEKSI, such as TEKSI.Courier, TEKSI.Intercity, TEKSI.Freight. Our privacy practices are described in Privacy Policy.

 

1. Independence for Drivers. Choices for Passengers

 

Our business model

Our Platform links independent third party providers of transportation, logistics, or courier services (“Drivers”) and their clients (“Passengers”) with each other. When Passengers request a ride they offer their price for the Driver’s services. The Drivers who see the request can either agree to the offered price or make a counteroffer.

The Passenger is free to choose the Driver from the list of Drivers who indicated their interest in accepting the request. A separate agreement is formed between the Driver and the Passenger, when the Passenger confirms the ride. 

The Passenger must pay the Driver the price that both of them agreed on via the Platform. This agreed price includes all charges associated with the ride (fees, tolls, levies, taxes, etc.). TEKSI doesn’t participate and doesn’t in any way affect the settlement between the Driver and the Passenger.

 

TEKSI status

TEKSI is a technology company that does not provide transportation, logistics, courier or any related services (“Services”). These Services are provided by independent Drivers with the use of our Platform. Any decision to offer or accept the Services is an independent decision made in each user’s sole discretion at user’s own risk. TEKSI does not direct or control Drivers generally or in their provision of the Services. Any feature, process, or other effort, that we undertake to enhance your enjoyment of our Platform, is not an indication of any employment or agency relationship with any user. 

These Terms do not supersede or otherwise impact the enforceability of any agreements Passengers  may have with Drivers regarding the Services.

 

Fees and Payments

Upon approval as a driver for TEKSI driver will need to top up their account with a value of 30 in their driver service area currency for registration which will be non refundable.

TEKSI may charge Drivers a license also known as commission fee for using the Platform. We may change the license also known as commission fee amount from time to time. Your continued use of the Platform will constitute your acceptance of the updated fees which is required to be paid in advance and all transactions will be shown in TEKSI mobile application.

 

The license also known as commission fee charged for each completed order. Payments are recorded in your personal account and you can find the current amount of the license also known as commission fee in your personal account.

A license also known as commission fee for a completed order is charged when the vehicle arrives at point A, or when you call the Passenger before pressing the "I have arrived" button. The payment is refunded to your account if the Passenger cancels the order or does not appear. In this case, you should click "The passenger didn't turn up out." Refunds in such cases may take up to 30 days after the order is cancelled and reviewed by TEKSI.

TEKSI is charged a fee by payment gateway provided this charges will be charged back to driver who is terminating their account a requesting for their advance payment.

TEKSI will only process withdrawal of payment received for service provided, TEKSI will not entertain withdrawal of advance payment in wallet.

If there are unused funds in your account it will be forfeited.TEKSI does not provide cash refunds.

If the Driver's account balance in TEKSI app becomes negative, the Driver must repay the full amount of the debt within 2 calendar days. The Driver's access to the TEKSI app will be limited until the balance is topped up for the amount of debt, during this period the Driver will not be able to see requests for rides from Passengers and negotiate with them.

Drivers are responsible for the collection and remission of all applicable taxes associated with the Services through the use of the Platform. TEKSI will not be held accountable in relation to any transactions between Passengers and Drivers where tax related misconduct has occurred.

TEKSI, at its sole discretion, may, from time to time, make available promotions, discounts, referral programs and loyalty programs (hereinafter - Offers) with different features to any Passenger or Driver. Such Offers may affect or be applied towards service payments or ride's price, reducing said amounts, and are made in Bonuses. 

Bonuses are valid only for use in the TEKSI app, are not transferable or redeemable for cash. Bonuses can be used to pay for the license also known as commission fee on Drivers orders. 

If account is also registered as Driver all advance payment or bonuses to be only utilise for payment to TEKSI as license also known as commission fee if used for rides it will be non redeemable by Driver that provided the service and TEKSI will not be liable for any damages to both parties.

If found manipulation of bonuses TEKSI app operator will forfeit all bonuses and terminate Passenger or Drivers account without any notice given.

More information regarding Offers may be provided in a notice inside the app or by any other means of communication mentioned in these Terms. TEKSI also reserves the right to withhold or deduct Bonuses or other benefits obtained through Offers in the event that TEKSI determines or believes that the redemption of the Offer or receipt of the Bonuses was in error, fraudulent, illegal, or in violation of the applicable promotion or these Terms. TEKSI reserves the right to terminate, discontinue, modify or cancel any Offers at any time and in its sole discretion without notice to the user.

 

2. Your TEKSI Account

Account registration

To access the functionality of the Platform, you must create an account with us. To register, you must be at least 18 years old or the age of legal majority in your country (depending on what will happen more) and have the authority to enter into a contract with us and use the Platform. When you create an account, you must provide accurate and up-to-date information about yourself.

In order to prevent fraud, ensure your security and comply with anti-money laundering, sanctions laws and regulations (as applicable), we will request the information from you at the time of opening your Account to confirm your identity. We may also request you to update and verify your information from time to time.

We offer different types of accounts depending on whether you use the Platform as a Passenger or as a Driver. To create a Driver account you must provide us with additional information and pass the verification process.

If you use the Platform in another country, you agree to be subject to TEKSI's Terms for that country.

Maintaining your account

You must promptly update your details if they change. If your mobile number changes, notify us as soon as possible. If you no longer use your number, your mobile operator may issue it to a new person who, when using the Platform, may access your account.

You may not authorise others to use your account. You must maintain security of access to your device and secrecy of your login information. You will be responsible for all activity that occurs under your account. If you suspect that any third party knows your password or has accessed your account, please let us know by contacting https://teksi.my/contacts/support/.

Account termination

You may delete your account at any time. You can do it in the app settings or by contacting user support (https://teksi.my/contacts/support/). In some cases, we will be unable to terminate your account or may retain certain information for legitimate purposes, such as to prevent fraud and ensure safety of our Users, comply with legal obligations, or manage any unresolved claims or disputes. Please refer to our Privacy Policy to understand how we treat your information after account termination.

Accounts that have been inactive for over 3 years may be deleted. We have the right to terminate or suspend access to your account (see section “TEKSI’s rights”). 

 

3. Your safety

The health and safety of TEKSI users is our priority. We take reasonable steps to keep the Platform a safe and secure environment for our users. For example, we review documents of all Drivers before allowing them to provide their Services. Additionally, we may conduct spot checks to verify that the Driver’s account is used by the Driver who registered it, and that the Driver uses the vehicle associated with this Driver’s account. We may ask Passengers to pass a liveness check or verify their identity by providing a government issued ID number.

Despite our best efforts, we acknowledge the limits of an online platform’s ability to facilitate offline safety. We have no control over the quality or safety of the transportation that occurs as a result of the Services. 

We cannot guarantee that each Passenger or Driver is who he or she claims to be. Please review the photos of the Driver or Passenger you see on the Platform to make sure it is the same individual you see in person. But if you notice that the driver who arrived to you is different from the driver in the TEKSI app, please report to TEKSI and we will investigate and apply liability measures to the driver.

We urge you to exercise caution and care when interacting with other users. You use and provide Driver’s Services at your own risk. 

In case of any suspected threat to health or safety, immediately report it to user support (https://teksi.my/contacts/support/) or use the “SOS button”. 

The SOS button has two options:

–   give you an opportunity to call the police in your country.

If you click the "Call the police" button, a standard dial bar with an auto-fitted police number will open.

–   give you an opportunity to share your ride information with a number from your contacts.

If you click on the "Send ride information" button, the selection panel of the recipient of the ride information opens and then the information about your ride is sent to the number specified by you.

We try to do our best to keep our app safe and convenient for you. Therefore, we are constantly improving and modifying user verification systems and the functionality of our application.

 

4. Driver’s Obligations 

By providing the Services as a Driver, you represent, warrant, and agree that:

– You possess a valid driver’s license and all required permissions and authorisations to provide the Services, you are medically fit to provide the Services;

– You own, or have the legal right to operate, the vehicle you use to provide the Services; such vehicle is in good operating condition and meets the statutory and industry safety standards and requirements; 

– You will only provide the Services using the vehicle that has been reported to TEKSI;

– You will not permit anyone to accompany you in the vehicle while providing the Services, 

– You will not provide the Services while under the influence of fatigue, alcohol or drugs, or otherwise engage in unsafe or illegal behaviour while providing the Services;

– You will not discriminate against Passengers;

– You will not request any additional payment in addition to the price agreed on with the Passenger via the Platform;

– You will be responsible to calculate, charge and pay to the budget all applicable taxes envisaged by the respective legislation in the jurisdiction of your arisen from the provision of the services to Passengers;

– You will comply with our reasonable requests to provide information in connection with the Services and your use of the Platform;

– You will not use information you obtained via the Platform for any purpose not related to the use or provision of Driver’s services.

– You comply with the requirements of all applicable laws related to anti-money laundering, sanctions, anti-corruption, anti-bribery, countering illegal trade and countering terrorist financing, prohibiting the use of child or forced labor, proper and not to take any action that may lead to a violation of such laws, not to facilitate, encourage or induce anyone to participate in such activities.

– You will comply with TEKSI policies applicable in your country.

 

5. Driver and Passenger Communications

You should treat other TEKSI users with respect. You can only communicate with other users for the purposes related to the Services. You shall not share any unnecessary contact information. Communication should end when the Service is complete, unless it is to return a lost item. Any other communication may be seen as harassment and lead to suspension or termination of your account.

We enable users to communicate on the Platform, for example, via comments, in-app chat or in-app calls (availability of these features depends on your location). We have the right to monitor and record your communications with other users on the Platform to review compliance with these Terms.

Where this functionality is available, you may contact the other user via their mobile number provided in the app interface. In this case mobile charges set by your mobile carrier will apply.

 

6. TEKSI Communications

We may send you operational notification about your account or Services you’ve provided, updates about TEKSI and the Platform, request for feedback, and marketing communications. We may contact you via e-mail, SMS, phone, and push notification. For the types of communications that require your consent, we will observe local laws and give you an option to opt-out.

 

7. What you can’t do on the Platform

You must not use the Platform to:

–   do anything illegal;

–   do anything that violates these Terms or any other Platform rules and TEKSI Policies;

–   use Platform for any purpose not intended by these Terms;

–   transfer or sell your account, password or identification to any other party; 

–   impersonate another person or disguise your identity, use or attempt to use another user’s account;

–   solicit others to engage in illegal or dangerous activities;

–   stalk, threaten, or harass others;

–   upload any content on the Platform which is inaccurate, inappropriate, infringes anyone’s rights (such as intellectual property, privacy or personality rights) or is otherwise illegal;

–   undermine the Platform’s operations or security, attempt to gain unauthorised access to the Platform or its related systems or networks;

–   extract any data or content from the Platform;

–   create liability for TEKSI or cause us to become subject to regulation as a transportation carrier or provider of taxi service.

 

8. TEKSI’s rights

We have the right to investigate any suspected breach of these Terms. While we do so, we are allowed to suspend your access to some or all the features of the Platform, acting reasonably and objectively depending on the seriousness of the suspected breach.

We, subsequently, might determine to temporarily or permanently suspend or terminate your account, or impose limits on, or restrict your access to features of the Platform if:

–   we determine, acting reasonably and objectively, that you are in material or repeated breach of these Terms or other TEKSI rules and Policies;

–   we have objective grounds to reasonably believe that you are about to seriously breach these Terms;

–   we are legally required to do so; 

–   it is reasonably required in response to dealing with a serious technical, safety or security issue.

If we have previously terminated your account for breaches of these Terms, but you use our Platform again (for example, by opening another account), we are entitled to suspend or terminate any such accounts.

If you think we have made a mistake in suspending or terminating your account, you can appeal through https://teksi.my/contacts/support/.

 

9. Your content

You are responsible for the information, files and images (collectively, “Content”) that you make available on the Platform. You must ensure that your Content does not violate laws or anyone's rights. We do not undertake to review the users’ Content and do not assume any responsibility for it. We may remove or restrict access to any Content, if we reasonably believe it is in breach of these Terms, or it causes harm to TEKSI, our users or other third parties.

We do not own your Content. By making content available on the platform you grant TEKSI a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use your Content, including to reproduce, adapt or make derivative works, perform and communicate your Content to the public, for the purposes of operating, developing and providing the Platform.

 

10. Intellectual Property 

The Platform contains Content (such as design, images, sounds, texts, databases, computer codes, registered and unregistered trademarks and other similar objects) owned or licensed by TEKSI, which is protected by copyright, trademark, patent, trade secret, and other processes. TEKSI and its licensee , where applicable, own all rights, title, and interest, including all related intellectual property rights, in and to the Platform (software and/or the app and by extension, the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform).

TEKSI grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use the Platform on your personal device only for the purpose of using the Platform; and (b) access and view any Content or materials that may be made available through the Platform, in each case only for your personal, non-commercial use. All rights not expressly granted to you herein are reserved by TEKSI and/ or TEKSI's licensee.

You may not, and may not allow any other party to: (a) modify, reproduce, create derivative works based on the Platform; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover or change the source code of the Platform to build a competitive product or service, build a product using similar ideas, features, functions, or graphics, copy any ideas, features, functions or graphics; (c) frame, link to or mirror any part of the Platform on any other server or wireless or internet-based device; (d) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of TEKSI.

 

11. Indemnity

You agree to defend, indemnify and hold TEKSI and its affiliates, subsidiaries and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Platform or the Services; (b) your breach or violation of any of these Terms, any applicable law or regulation, or the rights of any third party (collectively, “Losses”).

 

12. Liability

 

TEKSI’s liability

Without limiting the application of any laws and regulations all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent.

To the maximum extent permitted by law, in no event shall TEKSI be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential, or other damages or losses of any type or kind (including but not limited to personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage), whether arising in contract, tort (including negligence) or otherwise arising out of, or in any way connected with the Platform, including but not limited to the use or inability to use them, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any Driver even if TEKSI has been previously advised of the possibility of such damages.

 

Third Party Services

No joint venture, partnership, employment, or agency relationship exists between TEKSI and any of our users. To the maximum extent permitted by law, TEKSI is not responsible for the acts or omissions of any Driver or Passenger or any of the Services. TEKSI will not be a party to disputes or negotiations between Platform users. You expressly waive and release TEKSI from any and all liability, claims, causes of action, or damages related to your use of the Platform in dealings with other Platform users.

While any other Third Party Services are available in the Platform, certain Third Party Services or Content are only accessible by exiting the Platform. Once you click on a link to access such kinds of Services, you will be subject to the terms and conditions and privacy policy of that website, destination, or the independent service provider, which are different from TEKSI. TEKSI will not warn you that you are subject to the terms and conditions (including privacy policies) of another website, destination. You use all links in third-party websites and advertisements at your own risk as these are not part of the Platform and are not controlled by TEKSI. In no event shall TEKSI be responsible or liable for any products or services of such third-party providers.

 

13. Resolving disputes

Governing law and arbitration. These Terms are governed by the law of Cyprus. If we have a dispute, we will first try to resolve it with you amicably. All disputes or claims arising out of or in connection with these Terms, including disputes relating to its validity, breach, termination or nullity, shall be finally settled under the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one arbitrator appointed in accordance with the said Rules.

 

14. Changes to these Terms or the Platform

We may make changes to these Terms or the Platform from time to time. When we update the Terms, we will post their latest version in our app and our website. We will also give you reasonable notice of significant changes which will impact you.

If you would like to keep using the Platform after we introduce changes to the Terms or the Platform, you will need to agree to the changes by continuing to use our Platform. If you do not agree to such changes, you will have to stop using the Platform.

Unless material changes are made to the arbitration provisions, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).

 

15. General

We promise to provide the Platform to you with reasonable skill and care. Note, however, that we provide the Platform “as available” or “as is”. It means that we make no representation, warranty, or guarantee as to the reliability, security, timeliness, quality, suitability, availability, accuracy or completeness of the Platform.

Please keep the Platform updated to its current app version and ensure compatibility of your device. We advise you to use the Platform with a data plan with unlimited or very high data usage limits.

The Platform may contain links to third party websites, advertisements, services, offers or other events or activities that are not provided, owned or controlled by TEKSI. You use them at your own risk.

Nothing in these Terms affects any statutory rights that you cannot contractually agree to alter or give up. You will always have the full protections of the laws that apply to you. 

 

16. Contacting TEKSI

You can contact us via https://teksi.my/contacts/support/