Last updated: March 13, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) (“T&C”) carefully before using the https://lailah.net/ website and/or the LAILAH mobile application or all the services (the “Service”) operated by My Driver Group Sdn Bhd (“LAiLAH”, “us”, “we”, or “our”).
Your access to and use of this website and/or the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our website and the Service.
By accessing this website or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access this website and the Service.
Acceptance of T&C: By accessing, registering for, or using this website and the Services, you hereby accept the application of these T&C. Therefore, please read the T&Cs carefully before accessing, registering for, or using the Platform. If a Service is to be provided by a T&C Service Provider you have to also accept the terms and conditions of the T&C.
Variation. We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR, we will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; in the event if you do not agree to the revised terms and conditions, you may stop using our website.
License to use website. Unless otherwise stated, My Driver Group Sdn Bhd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
All Copyright and Trademarked contents of the website. All text, images and other information published on this website are – unless otherwise stated – the copyright of LAiLAH. Any reproduction, distribution, storage, communication, broadcast and reproduction or transmission of the contents without written permission of LAiLAh is expressly prohibited.
Acceptable use. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [NAME’S] express written consent.
Restricted access. Access to certain areas of this website is restricted. LAiLAH reserves the right to restrict access to certain areas of this website, or indeed this entire website, at LAiLAH’s discretion. If LAiLAH provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. LAiLAH may disable your user ID and password according to LAiLAH’s sole discretion without notice or explanation.
User content. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to LAiLAH a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to LAiLAH the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or LAiLAH or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. LAiLAH reserves the right to edit or remove any material submitted to this website, or stored on LAiLAH’s servers, or hosted or published upon this website. [Notwithstanding LAiLAH’s rights under these terms and conditions in relation to user content, LAiLAH does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
Disclaimer. Despite taking the utmost care in our website layout, we assume no liability for the content of external links.
Indemnity. You hereby indemnify LAilAH and undertake to keep LAiLAH indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by LAiLAH to a third party in settlement of a claim or dispute on the advice of LAiLAH’s legal advisers) incurred or suffered by LAiLAH arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Purchase/Booking Guides and Policies. If you wish to purchase/book any product or service made available through the Service (“Purchase/Booking”), you may be asked to supply certain information relevant to your Purchase/Booking including your personal identification details and other information which may be required for us to process your purchase/booking.
Payment: All payment to us either by “bank cheque” (should be crossed/account payee only) or “Online Banking” shall be made payable to “MY DRIVER GROUP SDN BHD” and our banking information is : MAYBANK BERHAD – Account Number : 5128-4854-5954.
Cancellation: In the event of any intention of cancellation after confirmation of your booking, you are required to provide 24 hours prior notice for any cancellation of the confirmed service booking. In the event of any cancellation done in less than 24 hours, a penalty of 6 hours of booking fees will be imposed.
1. Please furnish us a copy of your Standard Operating Procedure at the absolute discretion of the management of MY DRIVER GROUP S/B.
2. Upon acceptance by the client of this LAiLAH Service, the client hereby authorizes the Driver to drive the client’s Vehicle to the destination designated by the client.
3. You shall ensure that your Vehicle is in a good, safe condition and you have no knowledge of any condition to the contrary. The Driver will not be responsible for any damage cause if your Vehicle breaks down during the driving period. Any damages due to reckless and careless driving by LAiLAH’s driver which are in excess of the cost of repair and is not covered by insurance is to be borne by LAiLAH.
4. The Client shall assist the Driver with Client’s Vehicle operation procedure in the event the Client’s Vehicle is different from the normal standard Vehicle.
5. The Client hereby certifies that its Vehicle has been properly insured with the valid and minimum third party insurance / all driver against the damage, collision and comprehensive coverage, that there are no Driver restriction and that such policies are in full force and effect.
6. The Client hereby certifies that its Vehicle has a valid Road Tax from the Malaysia Ministry of Transport.
7. The Client hereby certifies that the Client or its Employer is the legal owner of the Vehicle or the Client is the authorized person to use the Vehicle.
8. The Client acknowledges that it is only receiving referral Service from the Company and that each Driver to whom you are referred to is an independent contractor and not an employee of the Company. Notwithstanding, LAiLAH shall be responsible for and shall indemnify, defend and hold harmless the Client against any losses due to gross negligence or willful act of the Driver non claimable with insurance coverage or beyond the insurance
9. During the Driver working Service time the Client shall not interfere with the Driver by asking the Driver to commit any traffic offenses. The Driver has the rights to refuse any illegal request from the client and the Driver shall drive the vehicle according to the laws, rules and the regulation set by the Malaysian authorities.
10. Both the Client and the Driver shall maintain good and professional behavior towards one another.
11. If any accidents happen driver will have to make a Police report and assist in the police investigation .
12. It is the client’s and the Driver’s duty to keep all his/her or all the passenger’s belongings in the proper place to avoid any misunderstanding or accusation of missing/stolen goods. The Client, the Company and the Driver shall not be in whatsoever manner responsible for any loss or damage of goods and personal.
13. The Client has the right to request for replacement of the Driver upon notice to LAiLAH due to non-satisfactory performance of the Driver or in the event the Driver breaches his obligations under this agreement. In the event of any delay in providing the service, LAiLAH shall be responsible in finding Driver replacement to be assigned immediately (within 4 hours) should the designated driver resign or be unavailable for service. LAiLAH is to reimburse the Client for the entire duration whereby the driver is not available for service and/or provide long-term replacement with prior consent of Client.
14. In the event of the Driver committing any traffic offenses during the service, the Company will be responsible to pay any fine or compound imposed by the authorities except for any offenses which involve personal injuries or death to the third party or the Client in such cases the Driver shall be fully responsible for this crime or as will be investigated by the authorities.
15. We at LAiLAH will always ensure that all our drivers are free from any criminal offenses/records and that they are competent to serve with the necessary skills, qualifications and expertise. LAiLAH is also responsible in ensuring that all our drivers have a valid driving license and/or work permit.
16. The Client hereby acknowledges that any Driver referred by the Company is not authorized to enter into or commit the company to any agreement beyond what is authorized by this agreement. Furthermore, the Driver is contractually bound not to represent himself/herself as the agent or legal representative of the Company and shall not be considered at any circumstances.
17. In the event during the Driver Service, the Client’s vehicle is being stolen or hijacked then the Client shall report the matter to the Police or the authorities and the Company. The Driver shall provide assistance and immediate response to the investigation by the authorities.
18. The Client hereby declares that the clients’ vehicle and the client himself does not possess any illegal material or any illegal drugs. The Driver has the rights to refuse the clients service prior or during the Service in the event if the Driver discovers that the Client is in possession of illegal drugs or illegal materials.
19. The Client shall bear all the toll fees, parking fee, petrol/diesel/gas and other expenses during the service.
20. The Company and the Driver are not responsible for any economic loss to the Client in the event that the journey driven by the Driver has taken longer than in the Client’s expectation, beyond the Driver’s control and the Driver has the rights to drive the Vehicle within the legal limit speed and in the safest condition possible.
21. The Company hereby declares that the Vehicle plus all the belongings in the Vehicle and the client’s personal belonging shall solely belong to the clients. The Company and the Driver are hereby disclaiming all the responsibility for any illegal belongings of the Client or the Client’s Vehicle if it has been a Stolen Vehicle.
22. The Client has carefully read the terms of this agreement including its release of claims and hold harmless provisions. The Client certifies the representations made by The Client is true. The Client also certifies that The Client understands the agreement and has no question about the meaning of the agreement or any of its provisions.
23. Client and LAiLAH to provide one (1) month notice should the service is to be terminated by any party. The Client is entitled to terminate this agreement with immediate effect without notice and/or compensation if:
a) The Driver fails, neglects or otherwise refuses to comply with his duties and obligations under this agreement and the failure, if capable of being remedied, remains not remedied for seven (7) days after being notified by the Client
b) The Driver commits any serious offences, declare bankrupt, or dies;
c) The Driver is unable or prevented from providing the service for any period exceeding five (5) consecutive days; or
d) Due to the Driver’s non-performance including but not limited to, failure to be punctual, misbehavior, failure to be contacted by the Client.
24. In these terms and conditions the following terms shall have the following meaning: “the company or LAiLAH” shall mean MY DRIVER GROUP SDN BHD “the service” shall mean the driving Services provided by the Company through the contracted driver for the client from a designated destination to another destination, including but not limited to, to drive the Client and/or any person as instructed by the Client.
25. The Client is not allowed to offer directly to LAiLAH staff to work full time or directly, during the period of this agreement
* The Driver shall ensure that the Vehicle is kept clean, in good working condition and ready to use during his control of the Vehicle.”
* The Driver shall maintain an acceptable and neat appearance and shall dress in proper uniform upon providing the service.”
* The Driver acknowledge that punctuality is very critical to the service, the Driver shall ensure that the designated working hours are observed at all times. In the event of a likelihood to encounter delays in providing the Services, the Driver shall notify the Client immediately.”
* The Driver shall maintain a timesheet documenting the performance and completion of each work day and shall, at the end of each calendar week, submit the same for certification and verification by the Client.
* The Driver may have access to and become acquainted with various trade secrets, transactions or information, confidential or otherwise, in relation to the Client or its business, the Driver shall not disclose such trade secrets, transactions or information, or use any of them in any way, either during this contract duration or at any time thereafter.”
* This agreement shall be governed by the laws of Malaysia and parties and hereto shall be subjected to the exclusive jurisdiction of the Courts of Malaysia.
* This agreement shall not be amended or supplemented except in agreed writing and signed by both parties
If you have any questions about these Terms, please contact us.