Legal and Privacy

LEGAL AND PRIVACY

USERS TERMS AND CONDITIONS DRIVERS TERMS AND CONDTIONS

1. Contractual Relationship These Terms of Use (“Terms”) govern the access or use by you, an individual or any incorporate entity, from within any countries in the world of applications and websites for content, products, and services (the “Services”) made available by Texspo Technology Sdn Bhd (the “TEXSPO CAB"), a private limited liability company incorporated in Malaysia with registered offices at 5,Leboh Indah Rokam, Taman Sri Rokam,31350 Ipoh. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM FOR THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and TEXSPO. If you do not agree to these Terms, you may not access or use the services. These Terms expressly supersede prior agreements or arrangements with you. TEXSPO may immediately terminate these Terms or any 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. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. TEXSPO may amend the Terms related to the Services from time to time. Amendments will be effective upon TEXSPO’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in Privacy Policy located at https://www.Texspocab.com/legal. TEXSPO may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services The Services constitute a technology platform that enables users of TEXSPO’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with TEXSPO or certain of TEXSPO’s affiliates (“Third Party Providers”). Unless otherwise agreed by TEXSPO in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT TEXSPO DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TEXSPO OR ANY OF ITS AFFILIATES. License. Subject to your compliance with these Terms, TEXSPO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by TEXSPO and TEXSPO’s licensors. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by TEXSPO; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. Provision of the Services. You acknowledge that portions of the Services may be made available under TEXSPO’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Texspo Cab” and www.Texspocab.com. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of TEXSPO’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that TEXSPO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. TEXSPO does not endorse such third party services and content and in no event shall TEXSPO be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. Ownership. The Services and all rights therein are and shall remain TEXSPO’s property or the property of TEXSPO’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner TEXSPO’s company names, logos, product and service names, trademarks or services marks or those of TEXSPO’s licensors.

3. Your Use of the Services User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to TEXSPO certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or TEXSPO’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by TEXSPO in writing, you may only possess one Account. User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instance, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. Text Messaging. By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from TEXSPO by sending an email to texspo.developer@gmail.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. Promotional Codes. TEXSPO may, in its’ sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that TEXSPO establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by TEXSPO; (iii) may be disabled by TEXSPO at any time for any reason without liability to TEXSPO; (iv) may only be used pursuant to the specific terms that TEXSPO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. TEXSPO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that TEXSPO determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. User Provided Content. TEXSPO may, in its’ sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to TEXSPO, through the Services, textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to TEXSPO, you grant TEXSPO a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and TEXSPO’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant TEXSPO the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor TEXSPO’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by TEXSPO in its sole discretion, whether or not such material may be protected by law. TEXSPO may, but shall not be obligated to, review, monitor, or remove User Content, at TEXSPO’s sole discretion and at any time and for any reason, without notice to you. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TEXSPO does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charge”). After you have received services or goods obtained through your use of the Service, TEXSPO will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as the Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by TEXSPO. You retain the right to request different Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. TEXSPO will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by TEXSPO using the preferred payment method designated in your Account, after which TEXSPO will send you a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that TEXSPO may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and TEXSPO, TEXSPO reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in TEXSPO’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. TEXSPO will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. TEXSPO may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. TEXSPO does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by TEXSPO (on TEXSPO’s website, in the Application, or in TEXSPO’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that TEXSPO provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. Repair or Cleaning Fees. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by TEXSPO in TEXSPO’s reasonable discretion, TEXSPO reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by TEXSPO to the applicable Third Party Provider and are non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TEXSPO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TEXSPO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TEXSPO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY. TEXSPO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TEXSPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TEXSPO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TEXSPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TEXSPO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TEXSPO’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL TEXSPO’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT OF CHARGE YOU PAY FOR THE SERVICES. TEXSPO’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TEXSPO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Indemnity. You agree to indemnify and hold TEXSPO and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) TEXSPO’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. Governing Law; Arbitration. This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to. In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Malaysia or where judgment of Malaysian court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Singapore International Arbitration Centre (‘SIAC’), 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”). If Parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC 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.

7. Other Provisions Claims of Copyright Infringement. Claims of copyright infringement should be sent to TEXSPO’s designated agent. Please visit TEXSPO’s web page at https://www.texspocab.com/legal for the designated address and additional information. Notice. TEXSPO may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. General. You may not assign or transfer these Terms in whole or in part without TEXSPO’s prior written approval. You give your approval to TEXSPO for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of TEXSPO’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, TEXSPO or any Third Party Provider as a result of the contract between you and TEXSPO or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.” Contact Us If you have any questions, please contact us at legal@texspocab.com.

USER PRIVACY STATEMENT

Date: 1/8/2019 Texspo Technology Sdn Bhd, a company incorporated in Malaysia (refers herein as “TEXSPO” or “We”), collects information about users when users use and interact directly with our mobile applications, websites and any other interactions and communications, to request online products and services (collectively, the “Services”). Users refers to those who uses TEXSPO platforms to request the transportation services or products such as individual or incorporated entities (collectively, the “Users” or “You”). Drivers, if mentioned, refers to those who are the 3rd party transportation services providers such as taxi and limousine and any other form of passenger-transport drivers, couriers, partners and incorporated transportation providers and who use TEXSPO platforms under license (refers herein collectively as “Drivers”) to deliver their services or products to You.

Scope and Application

This Privacy Statement applies to information collected through the Services and used by TEXSPO from Users anywhere in the world.

Collection of Information

We collect information you provide directly to us when you create or modify your User Services account, request on-demand services, contact customer support, or communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you provide.

Information We Collect Through Our Platforms

When you request services through our Services, we collect information about you in the following general categories:

• Location Information: We collect location data about the trip, location of the device or approximate location from IP address when the platform is running in the foreground or background.

• Contacts Information: We may access contact information, if permitted, when you sign up an account with us or at the time of consent or collection, from your address book to facilitate interactions through our Services and for other purposes described in this Statement.

• Transaction Information: We collect transaction details related to your use of our services, including the type of service, date and time, amount charged, distance travelled, and other related transaction details.

• Usage and Preference Information: We collect information about how you interact with our Services, your preferences and settings chosen. Cookies, pixel tags, and similar technologies are used to create and maintain unique identifiers for this purpose. To learn more about these technologies, please see our Cookie Statement at the end of this privacy statement.

• Device Information: We may collect information about your mobile device, such as the hardware model, operating system and version, software and file names and operating system versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

• Call and SMS Data: To facilitate the communications between Users and Drivers for the purpose of requested services or product, we receive and collect call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.

• Log Information: We collect server logs, which may include information like device IP address, type of browser, and the third-party site or service you were using before interacting with our Services.

Information We Collect From Other Sources We may also receive information from other sources and combine that with information we collect through our Services. For example:

• If you choose to link, create, or log in to your account with a payment service provider or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.

• If your employer uses one of our business solutions, we may receive information about you from your employer. • When you request on demand services, our Drivers may provide us with a User rating after providing services to you.

• If you also interact with our Services in another capacity, as a Driver or user of other apps we provide, we may combine or associate that information with information we have collected.

Important Information About Platform Permissions Most mobile platforms (iOS, Android, Window, etc.) have defined certain types of device data that apps cannot access without your consent. These platforms also have different permission systems for obtaining your consent. The iOS platform will alert you the first time our platforms wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that our platforms seek before you first use the app, and your use of the app constitutes your consent. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.

Use of Information We may use the information we collect about you to:

receipts, provide products and services you request (and send related information), develop new features, provide customer support to You, develop safety features, authenticate users, and send product updates and administrative messages;

• Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyse usage and activity trends;

• Send or facilitate communications (i) between You and a Driver, such as estimated times of arrival (ETAs), or (ii) between You and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, split fare requests, or ETA sharing;

• Send You communications we think will be of interest to You, including information about products, services, promotions, news, and events where permissible and according to local applicable laws; and to process contest or other promotion entries and fulfil any related awards;

• Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.

We may transfer the information described in this Statement to, and process and store it in, other countries, some of which may have less protective data protection laws than the region. We will take appropriate measures to protect your personal information in accordance with this Statement.

Sharing of Information We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

Sharing Through Our Services We may share your information:

• With Drivers to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average User rating given by Drivers, and pickup and/or drop-off locations with Drivers;

• With other riders if You use a ride-sharing service; and with other people, as directed by You, such as when You want to share your estimated time of arrival or split a fare with a friend;

• With third parties to provide You a service You requested through a partnership or promotional offering made by a third party or us;

• With the general public if You submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;

• With third parties with whom You choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and

• With your employer (or similar entity) and any necessary third parties engaged by us or your employer, if you participate in any of our solution through your employer or any other third parties.

Other Important Sharing We may share your information:

• With our subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;

• With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;

• In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;

• With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of TEXSPO or others;

• In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;

• If we otherwise notify You and You consent to the sharing; and

• In an aggregated and/or anonymized form which cannot reasonably be used to identify You.

Social Sharing Features The Services may integrate with social sharing features and other related tools which let you share actions You take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings You establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

Analytics and Advertising Services Provided by Others We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when You visit our site and use our Services, as well as when You visit other online sites and services. For more information about these technologies and service providers, please refer to our Cookie Statement.

Your Choices Account Information: You may correct your account information at any time by logging into your online or in-app account. If You wish to cancel your account, please email us at customersupport@texspocab.com. Please note that in some cases we may retain certain information about You as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if You have a standing credit or debt on your account, or if we believe You have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.

Access Rights: We will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

Location Information: We request permission for our Services’ collection of precise location from your device per the permission system used by your mobile operating system. If You initially permit the collection of this information, You can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a Driver's device nor our ability to derive approximate location from your IP address.

Contact Information: We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.

Promotional Communications: You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations. We do not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.

Cookies and Advertising Please refer to our Cookie Statement for more information about your choices around cookies and related technologies.

Changes to the Statement We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

DRIVERS TERMS AND CONDITIONS

Last updated: 1/8/2018 Drivers refers to those who are the independent transportation services providers such as taxi, limousine and any other form of passenger-transport drivers, couriers, partners and incorporated transportation providers and who (refers herein collectively as “Driver” or “You”) use the TEXSPO platforms under license.

1. Contractual Relationship These Terms of Use (“Terms”) govern the access or use by You, an individual or any incorporate entity, from within any countries in the world, of applications and websites (the “Platform”) for purpose of delivery of transportation products and services (the “Services”) made available by you via the Platform of Texspo Technology Sdn Bhd (the “TEXSPO”), a private limited liability company incorporated in Malaysia with registered offices at 24-2, Jalan PJS 11/28, Bandar Sunway, 46150, Petaling Jaya, Selangor, KL, Malaysia.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Platform constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and TEXSPO. If you do not agree to these Terms, you may not access or use the Platform. These Terms expressly supersede prior agreements or arrangements with you. TEXSPO may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain event, activity or promotion, and such supplemental terms will be disclosed to you when applicable. Supplemental terms are in addition to, and shall be deemed a part of, the Terms. Supplemental terms shall prevail over these Terms in the event of a conflict.

TEXSPO may amend the Terms related to the use of Platform from time to time. Amendments will be effective upon TEXSPO’s posting of such updated Terms at this location or the amended policies or supplemental terms. Your continued access or use of the Platform after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the use of Platform is as provided in Privacy Policy located at https://www.texspocab.com/legal. TEXSPO may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Platform The use of technology platform, mobile applications or websites, enable Drivers to perform and deliver transportation and/or logistics services to Users. YOU ACKNOWLEDGE THAT TEXSPO DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY YOU AS INDEPENDENT THIRD PARTY CONTRACTORS AND YOU ARE NOT EMPLOYED BY TEXSPO OR ANY OF ITS AFFILIATES.

License. Subject to your compliance with these Terms, TEXSPO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Platform on your personal device solely in connection with your delivery of the Services; and (ii) access and use any your services and products. Any rights not expressly granted herein are reserved by TEXSPO and TEXSPO’s licensors.

Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform except as expressly permitted by TEXSPO; (iii) decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks.

Provision of the Platform. You acknowledge that portions of the Platform may be made available under TEXSPO’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Texspo Cab” and www.texspocab.com. You also acknowledge that the Platform may be made available under such brands or request options by or in connection with: (i) certain of TEXSPO’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

Third Party Platform and Content. The Platform may be made available or accessed in connection with third party platform and content (including advertising) that TEXSPO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of Platform through such third party. TEXSPO does not endorse such third party platform and content and in no event shall TEXSPO be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Platform using Applications developed for Apple iOS, Android, Microsoft Windows powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Platform using these devices is subject to terms set forth in the applicable third party beneficiary’s terms.

Ownership. The Platform and all rights therein are and shall remain TEXSPO’s property or the property of TEXSPO’s licensors. Neither these Terms nor your use of the Platform convey or grant to you any rights: (i) in or related to the Platform except for the limited license granted above; or (ii) to use or reference in any manner TEXSPO’s company names, logos, product and service names, trademarks or services marks or those of TEXSPO’s licensors.

3. Your Use of the Platform User Accounts. In order to use most aspects of the Platform, you must register for and maintain an active personal Driver account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires You to submit to TEXSPO certain personal information, such as your name, address, mobile phone number and age, driving license, vehicle registration and commercial vehicle permit and any other relevant document relating to your capacity to operate as commercial vehicle service provider well as at least one valid payment method (either a bank account or accepted payment partners). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Platform or TEXSPO’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by TEXSPO in writing, you may only possess one Account.

User Requirements and Conduct. The Platform is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to deliver transportation or logistics services and products. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Platforms, and you may only use the Platform for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instance, you may be asked to provide proof of identity to access or use the Platform, and you agree that you may be denied access to or use of the Platform if you refuse to provide proof of identity.

By using the Platform, you represent, warrant, undertake and agree that:

• To use the Platform for the purpose for which it is intended to be used;

• To use the Platform for lawful purpose;

• To ensure users’ safety throughout the entire journey;

• To be licensed and certified for rendering transport services in accordance with all applicable local laws and regulations;

• To either own the vehicle, or to be fully licensed and authorized to use the Vehicle for transport services;

• To ensure that the vehicle is licensed and certified in accordance with all applicable local safety laws and regulations;

• To comply with all applicable local safety laws and regulations regarding transport services;

• To have insured the vehicle in accordance with all applicable (local) laws and regulations;

• To be fully and exclusively liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your actions or inactions;

• To handle and resolve user complaints no later than one (1) business day after receipt of the claim forwarded by TEXSPO via the Driver Dashboard, and to compensate TEXSPO for any costs associated with the client's claim.

Text Messaging. By creating an Account, you agree that the Platform may send you informational text (SMS) messages as part of the normal business operation of your use of the Platform. You may opt-out of receiving text (SMS) messages from TEXSPO at any time by sending an email to driversupport@texspocab.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Platform.

Promotional Codes. TEXSPO may, in TEXSPO’s sole discretion, create promotional codes that may allow Users to redeem for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that TEXSPO establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by TEXSPO; (iii) may be disabled by TEXSPO at any time for any reason without liability to TEXSPO; (iv) may only be used pursuant to the specific terms that TEXSPO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior use. TEXSPO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by user in the event that TEXSPO determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Driver Provided Content. TEXSPO may, in TEXSPO’s sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to TEXSPO through the Platform textual, audio, and/or visual content and information, including commentary and feedback related to the Platform, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any Driver Content provided by you remains your property. However, by providing Driver Content to TEXSPO, you grant TEXSPO a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Driver Content in all formats and distribution channels now known or hereafter devised (including in connection with the Platforms and TEXSPO’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all Driver Content or you have all rights, licenses, consents and releases necessary to grant TEXSPO the license to the Driver Content as set forth above; and (ii) neither the Driver Content nor your submission, uploading, publishing or otherwise making available of such Driver Content nor TEXSPO’s use of the Driver Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide Driver Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by TEXSPO in its sole discretion, whether or not such material may be protected by law. TEXSPO may, but shall not be obligated to, review, monitor, or remove Driver Content, at TEXSPO’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network’s data and messaging rates and fees may apply if you access or use the Platform from a wireless-enabled device and You shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and any updates thereto. TEXSPO does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment You understand that use of the Platform may result in charges to you for the services or goods you deliver to a User (“Service Fee”), which may be up to 25% of the Charges (the charge User need to pay you for the good and services). After you have delivered services or goods through the Platform, TEXSPO will facilitate the payment of the applicable Charges on behalf of You as your limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by Users to you. Charges will be inclusive of applicable taxes where required by law. Charges paid by Users are final and non-refundable and inclusive of Service Fee that you need to pay to TEXSPO, unless otherwise determined by TEXSPO. You retain the right to request and modify the charges of services or goods performed by you to users provided that this has been agreed by TEXSPO and in accordance with applicable law. TEXSPO will respond accordingly to any request from you to modify the Charges for a particular service or good.

All charges are due immediately and payment will be facilitated by TEXSPO using the preferred payment method designated in Users Account, after which TEXSPO will credit the amount due to you via your preferred method of payment designated in your Driver Account at agreed timeframe as may be determined from time to time. No interest or any form of charges shall be liable by TEXSPO to You for any payment delay to you.

All service fee and charges and payment will be facilitated by TEXSPO using the preferred payment method designated in your account. Your account transaction is available to you in your account. TEXSPO reserves the right to establish, remove and/or revise charges/service fee for any or all services or goods delivered through the use of the Platforms at any time in TEXSPO’s sole discretion. TEXSPO may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained by the user through the use of the Services, and you agree that such promotional offers and discounts, if the service performed by you, shall have no bearing on your use of the Platforms or the charges/service fee applied to you. You may elect to reject the request for services or goods from a User at any time prior to accepting the request, in which case you may be deselected from the promotional group to be able to deliver the services via the Platform.

The payment structure is intended to fully compensate you for the services or goods You provide. TEXSPO does not designate any portion of payment as a tip or gratuity. Any representation by TEXSPO (on website, in the Application, or in TEXSPO’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments for services or goods provided is not intended to suggest that TEXSPO provides any additional amounts, beyond those described above, to You. You understand and agree that, while User are free to provide additional payment as a gratuity to you, Users are under no obligation to do so. Gratuities are voluntary. After you have performed services or goods obtained through the Platform, you will have the opportunity to rate your experience and leave additional feedback about the Users.

Repair or Cleaning Fees. You agree that user shall be responsible for the cost of repair for damage to, or necessary cleaning of, your vehicles and property resulting from use of the Services in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that You report the need for Repair or Cleaning, and such Repair or Cleaning request is verified by TEXSPO in TEXSPO’s reasonable discretion, TEXSPO reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of you using User’s payment method designated subject to user agreement. Such amounts will be transferred by TEXSPO to the applicable Third Party Provider and are non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TEXSPO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TEXSPO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. PLATFORM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, AND ANY SERVICE OR GOOD PROVIDED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

TEXSPO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM, EVEN IF TEXSPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TEXSPO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USERS, EVEN IF TEXSPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TEXSPO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. YOU ACKNOWLEDGE THAT YOU PROVIDE TRANSPORTATION SERVICES REQUESTED AT YOUR OWN CAPACITY AND SHALL BE FULLY RESPONSIBLE AND LIABLE FOR ANY LIABILITIES ARISEN, IF ANY. IN NO EVENT SHALL TEXSPO BE LIABLE AND RESPONSIBLE FOR ANY LIABILITIES AS A RESULT OF YOUR USE OF THE PLATFORM TO DELIVER YOUR SERVICES

TEXSPO PLATFORM MAY BE USED BY USERS TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH YOU, BUT YOU AGREE THAT TEXSPO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED BY YOU TO USERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

Indemnity.

6. Governing Law; Arbitration.

This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to. You agree to indemnify and hold TEXSPO and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Platform; (ii) your breach or violation of any of these Terms; (iii) TEXSPO’s use of your Driver Content; or (iv) your violation of the rights of any third party or users.

In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Malaysia or where judgment of Malaysian court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Singapore International Arbitration Centre (‘SIAC’), 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”). If Parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC 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.

7. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to TEXSPO’s designated agent. Please visit TEXSPO’s web page at https://www.texspocab.com/legal for the designated address and additional information.

Notice.

TEXSPO may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.

General.

You may not assign or transfer these Terms in whole or in part without TEXSPO’s prior written approval. You give your approval to TEXSPO for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of TEXSPO’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, TEXSPO or any Third Party Provider as a result of the contract between you and TEXSPO or use of the Platform.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

DRIVER PRIVACY STATEMENT

Last Updated:1/8/2018

Texspo Technology Sdn Bhd, a company incorporated in Malaysia (refers herein as “TEXSPO” or “We”), collects information about drivers when drivers use and interact directly with our mobile applications, websites (collectively, the “Platform”) and any other interactions and communications, to provide products and services (collectively, the “Services”) to the users. Drivers refers to those who are the third party independent transportation services providers such as taxi, limousine and any other form of passenger-transport drivers, couriers, partners and incorporated transportation provider and who use the TEXSPO platforms under license (refers herein collectively as “Drivers” or “You”). Users refers to those who uses TEXSPO platforms to request the transportation services or products, delivered by the Driver, such as individual or incorporated entities (collectively, the “Users”).

Scope and Application

This Privacy Statement applies to information collected through the Platforms and used by TEXSPO from Drivers anywhere in the world.

Collection of Information

We collect information You provide directly to us when You create or modify your account, perform on-demand services, contact driver support, or communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information You provide.

Information We Collect Through Our Platforms

When you perform services through our Platform, we collect information about you in the following general categories:

• Location Information: we collect location data about the trip, location of the device or approximate location from IP address when the Platform is running in the foreground or background.

• Contacts Information: We may access contact information, if permitted, when You sign up an account with us or at the time of consent or collection, from your address book to facilitate interactions through our Platfrom and for other purposes described in this Statement.

• Transaction Information: we collect transaction details related to your use of our platform to perform services, including the type of service, date and time, amount charged, distance travelled, and other related transaction details.

• Usage and Preference Information: We collect information about how You interact with our platform to perform services, your preferences and settings chosen. Cookies, pixel tags, and similar technologies are used to create and maintain unique identifiers for this purpose. To learn more about these technologies, please see our Cookie Statement at the end of this privacy statement.

• Log Information: We collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service You were using before interacting with our platform.

Information We Collect From Other Sources

We may also receive information from other sources and combine that with information we collect through our platform. For example:

• If your employer uses one of our business solutions, we may receive information about You from your employer. • When You perform on demand services, our Users may provide us with a Drivers rating after you provide services to them.

• If You also interact with our Services in another capacity, as Users or a user of other apps we provide, we may combine or associate that information with information we have collected.

Important Information About Platform Permissions

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. These platforms also have different permission systems for obtaining your consent. The iOS platform will alert you the first time our Platform wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that our platforms seek before you first use the app, and your use of the app constitutes your consent. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.

Use of Information

We may use the information we collect about you to:

• Provide, maintain, and improve our Platform, including, for example, to facilitate payments, send receipts, provide products and services you perform (and send related information), develop new features, provide customer support to Users and Driver, develop safety features, authenticate users, and send product updates and administrative messages;

• Perform internal operations, including, for example, to prevent fraud and abuse of our Platform; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyse usage and activity trends;

• Send or facilitate communications (i) between Users and Driver, such as estimated times of arrival (ETAs), or (ii) between You and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, split fare requests, or ETA sharing;

• Personalize and improve the Platform, including to provide or recommend features, content, social connections, referrals, and advertisements.

Sharing of Information

We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

Sharing Through Our Services

We may share your information:

• With Users to enable them to monitor the Services You perform. For example, we share your name, photo (if you provide one), average Drivers rating given by Users, and pickup and/or drop-off locations with Users;

• With other riders if You provide a ride-sharing service; and with other people, as directed by Users, such as when You want to share your estimated time of arrival;

• With third parties to allow to deliver a service through a partnership or promotional offering made by a third party or us;

• With the general public if You submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;

• With your employer (or similar entity) and any necessary third parties engaged by us or your employer, if You participate in any of our solution through your employer or any other third parties.

Other Important Sharing

We may share your information:

• With our subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;

• With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;

• In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;

• In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

Social Sharing Features

The Platform may integrate with social sharing features and other related tools which let you share actions you take on our Platform with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

Analytics and Advertising Services Provided by Others

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when You visit our site and use our Platform, as well as when You visit other online sites and services. For more information about these technologies and service providers, please refer to our Cookie Statement.

Your Choices

Account Information: You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at driversupport@texspocab.com. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.

Access Rights:

We will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

Location Information: We request permission for our Platform’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Platform. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a User’s device nor our ability to derive approximate location from your IP address.

Cookies and Advertising

Please refer to our Cookie Statement for more information about your choices around cookies and related technologies.

Changes to the Statement

We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

COOKIE STATEMENT

We and our affiliates, third parties, and other partners use cookies and other identification technologies on our websites, mobile applications, electronic communications, advertisements, and other online services and platforms (collectively, the "Services") for a number of purposes, including: authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analysing site traffic and trends, and generally understanding the online behaviour and interests of people who interact with our Services. You can read more here about the types of cookies we use, why we use them, and how you can exercise your choices.

Cookies Overview

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. There are different types of cookies. Cookies served by the entity that operates the domain you are visiting are called “first party cookies.” So cookies served by our Platforms while you are on our Platforms are first party cookies. Cookies served by companies that are not operating the domain you’re visiting are called “third party cookies.” So, we may allow third party to set a cookie on your browser while you visit our Platforms, and that would be a third party cookie. Cookies may also endure for different periods of time. “Session Cookies” only last only as long as your browser is open. These are deleted automatically once you close your browser. Other cookies are “persistent cookies” meaning that they survive after your browser is closed. For example, they may recognize your device when you re-open your browser and browse the internet again.

We call this a Cookie Statement, but the statement also applies to cookies and other identification technologies we may use or permit on our Services. “Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a webpage, app, or advertisement which can retrieve certain information about your device and browser, including for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Local storage” refers generally to other places on a browser or device where information can be stored by websites, ads, or third parties (such as HTML5 local storage and browser cache). “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, and thereby allow the partner to collect certain information about user interaction with the app and information about the user device and network information.

Your Choice

You have the right to choose whether or not to accept cookies. However, they are an important part of how our Services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Some third parties also provide the ability to refuse their cookies directly by clicking on a link.

Types And Purpose Of Cookies

The following table sets out the different categories of cookies that our Services use and why we use them. The lists of third party cookie providers are intended merely as illustrative not comprehensive.

Authentication Cookies: These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can show you the appropriate experience and features such as your account information, trip history, and to edit your account settings.

Security and Site Integrity Cookies: We use these cookies to support or enable security features to help keep our Platforms safe and secure. For example, they enable us to remember when you are logged into a secure area of the Services and help protect your account from being accessed by anyone other than you.

Localization Cookies: These help us provide a localized experience. For example, we may store information in a cookie that is placed on your browser or device so you will see the site in your preferred language.

Site Features and Services Cookies: These provide functionality that help us deliver products and Services. For example, cookies help you log in by pre-filling fields. We may also use cookies and similar technologies to help us provide you and others with social plugins and other customized content and experiences, such as making suggestions to you and others.

Analytics and Research Cookies: These are used to understand, improve, and research products and Services, including when you access the website and related websites and apps from a computer or mobile device.

For example, we may use cookies to understand how you are using site features, and segmenting audiences for feature testing. We and our partners may use these technologies and the information we receive to improve and understand how you use websites, apps, products, services and ads.

Advertising Cookies: Things like cookies and pixels are used to deliver relevant ads, track ad campaign performance and efficiency. For example, we and our ad partners may rely on information gleaned through these cookies to serve you ads that may be interesting to you on other websites. Similarly, our partners may use a cookie, attribution service or another similar technology to determine whether we’ve served an ad and how it performed or provide us with information about how you interact with them. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit http://youronlinechoices.eu/ if you are outside the United States.

TEXSPO TECHNOLOGY SDN BHD

LEGAL AND PRIVACY

5, LEBUH INDAH ROKAM, TAMAN SRI ROKAM, 31350 IPOH.

LEGAL AND PRIVACY