TodaMax GENERAL TERMS OF USE
Section A – General Terms
1. Introduction
1.1. Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use that apply to you. These Terms of Use and the TodaMax Policies (as defined) constitute a legally binding agreement ("Agreement") between you and TodaMax (as specified). The Agreement applies to your use of the Service provided by TodaMax. If you do not agree to these Terms of Use, please do not use or continue using the Application (as defined) or the Service.
1.2. TodaMax is a technology company that provides a platform for users to obtain services provided by third-party providers. TodaMax's role is to link the user with such a third-party provider. TodaMax is not responsible for any third-party provider's acts and/or omissions, and any liability in relation to such services shall be borne by the third-party provider. Third-party providers shall not represent to be an agent, employee, or staff of TodaMax, and the Ride-Hailing provided by third-party providers shall not be deemed to be provided by TodaMax.
1.3. TodaMax may amend the terms in the Agreement at any time without prior notice. Such amendments shall be effective once posted on TodaMax Websites or the Application. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
2. Definitions
In these Terms of Use, the following words shall have the meanings ascribed below:
2.1. "Application" means the relevant mobile application(s) made available for download by TodaMax (or its licensors) to Users and Third-Party Providers, respectively;
2.2. "Software" means any software associated with the Application which is supplied made available for download and installation by TodaMax;
2.3. "Third Party Provider" means the independent third parties who provide the Ride-Hailing to Users through the Service, including drivers, delivery partners, and third-party merchants such as TodaMax Merchants and Merchant Partners;
2.4. "TodaMax Policies" means the following:
2.4.1. the Privacy Policy;
2.4.2. the TodaMax Driver / Delivery Partner Code of Conduct or the TodaMax Customer Code of Conduct, as may be applicable; and
2.4.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
2.5. "Platform" means the relevant TodaMax technology platform, portal, or website that, when used in conjunction with the Application, enables Users to request or access Ride-Hailing;
2.6. "Privacy Policy" means our privacy policy as amended from time to time;
2.7. "Personal Data" is any information that can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.8. "Service" means the linking of Users to Third Party Providers, or Other Users through the Application, Platform and/or Software;
2.9. "User" means any person who uses the Application, Platform and/or Software to search for and obtain the Ride-Hailing; and
2.10. "User Charges" shall mean charges incurred by Users for the Ride-Hailing obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Ride-Hailing.
2.11. "Ride-Hailing" means the following transportation and/or logistics services which are made available to Users through the Service Any such other services which TodaMax may make available from time to time;
3. Compatibility
3.1. Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and/or Software. While we continuously develop the Application, Platform and/or Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and/or Software is likely to be accessed from, we do not warrant the compatibility of the Application, Platform and/or Software with specific mobile devices or other hardware.
4. Representations, Warranties and Undertakings
By using the Service, you represent, warrant / undertake that:
4.1. All the information which you provide shall be true and accurate;
4.2. You agree that the Service is provided on a reasonable-effort basis;
4.3. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
4.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
4.5. You have the legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
4.6. You shall not impair or circumvent the proper operation of the network which the Service operates on;
4.7. You will only use the Application, Platform and Service for their intended and lawful purposes;
4.8. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards TodaMax or any third party;
4.9. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation, modify any of the Application's content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
4.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
4.11. You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud TodaMax or to disrupt the natural functions of the Application; and
4.12. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
4.13. You will provide accurate, current, and complete information as required for the Service and undertake the responsibility to maintain and update your information promptly to keep it accurate, current, and complete at all times during the term of the Agreement. You agree that TodaMax may rely on your information as accurate, current, and complete. You acknowledge that if your information is untrue, inaccurate, not current, or incomplete in any respect, TodaMax has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
4.14. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
4.15. You provide us the phone numbers of TodaMax users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorized to provide us with such numbers to enhance your use of the Service.
4.16. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
4.17. You agree to assist TodaMax with any internal or external investigations as may be required by TodaMax in complying with any prevailing laws or regulations in place; and
4.18. . When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
4.19. You will not copy, or distribute the Software or other content without written permission from TodaMax;
4.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, TodaMax or any other party as a result of your breach of this Agreement.
4.21. You will only use an access point or data account which you are authorized to use;
4.22. You agree that your use of the Service will be subject to TodaMax's Privacy Policy as may be amended from time to time;
4.23. If you are a Third Party Provider, you further represent, warrant / undertake that:
4.23.1. If applicable, you possess a valid driver's license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;
4.23.2. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your vehicle and/or business insurance to cover any anticipated losses related to the operation of your delivery services;
4.23.3. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
4.23.4. If applicable, you own, or have the legal right and authority to operate, the vehicle or motorcycle, ("Vehicle")which you intend to use when accepting Users, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;
4.23.5. You shall obey all local laws related to the operation of a taxi/passenger delivery service and will be solely responsible for any violations of such local laws;
4.23.6. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage, loss and damage to goods being conveyed or delivered or delays in the rendition of delivery services, if applicable or unless otherwise provided, which is due to or is alleged to be a result of the transportation/delivery service provided by you;
4.23.7. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of TodaMax, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;
4.23.8. You shall not contact Users for purposes other than in connection with the Service;
4.23.9. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
4.23.10. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of TodaMax's information or information related to the Application or the Service. A breach hereof constitutes a grave offense and may be treated as industrial espionage or sabotage, and TodaMax reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
4.24. If you are a User, you further represent, warrant / undertake that:
4.24.1. Your use of the Service is for your own sole, personal use or, where permitted, for the benefit of another person who is at least twelve (12) years old, in which case you shall assume primary responsibility over him/her;
4.24.2. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the third party transportation provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;
4.24.3. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
4.24.4. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;
4.24.5. You shall not contact the Third Party Provider for purposes other than the Service;
4.24.6. Where applicable, you will not copy any content displayed through the Application or Platform, including any third-party product content and reviews, for republication in any format or media;
4.24.7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
4.24.8. You agree that TodaMax may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
4.24.9. You are aware that when requesting Ride-Hailing by SMS or by using the Service, standard telecommunication charges will apply; and
4.24.10. You acknowledge and agree that only one (1) account can be registered on one device;
5. Payments
5.1. Payment Terms for Third Party Providers (Drivers/Delivery Partners)
5.2. TodaMax may, at its sole discretion, make promotional offers with different features and different rates on the Ride-Hailing to any of the Users whereby these promotional offers shall accordingly be honored by you. TodaMax may change the Service Fee at any time at its sole discretion.
5.3. Any fees which you pay TodaMax for the Service are due immediately and are non-refundable ("Service Fee "). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by TodaMax from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever;
5.4. You acknowledge and confirm that TodaMax may administer and act as your collection agent to pay to you the total amount of user charges due to you in respect of your provision of the Ride-Hailing.
5.5. Driver's Cash Balance: TodaMax shall administer payments to you and from you by way of an e-Walletsystem (the "Driver’s Cash Balance“). Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver TodaMax e-Wallet, or to such other recipient accounts as are made available in the Application. TodaMax reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Use, as are authorized by you, or as are notified to you via the Application.
5.6. Driver’s Credit Balance: In addition to your Driver’s Cash Balance, you must also maintain with TodaMax a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to TodaMax by you of commissions and other fees and charges applicable under these Terms of Use. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by TodaMax, and shall be notified to you via the Application. It may be changed at any time at TodaMax’s sole discretion.
5.7. You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. Balance may be added in any manner prescribed by TodaMax from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).
5.8. Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. TodaMax may receive interest on amounts that TodaMax holds on your behalf. You agree to assign your rights to TodaMax for any interest derived from your Credits.
5.9. Driver’s TodaMax E-Wallet: Where available, Drivers will be provided with a TodaMax E-Walletstored value facility e-Wallet. This e-Wallet may be used to receive funds withdrawn from the Driver’s Cash Balance, as well as make payments, remittances and transfers of funds to other Users. Usage of your Driver’s TodaMax e-Wallet will be governed by the TodaMax E-WalletTerms of Use.
5.10. Payment Terms for Users:
5.10.1. Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
5.10.2. If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Ride-Hailing has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.
5.10.3. Automated payment may be made by credit card and or debit card, by TodaMax e-Wallet or alternative e-Wallets or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the TodaMax e-Wallet Terms of Use.
6. Cancellation
6.1. For Third Party Providers:
6.2. The Users rely on you for delivery or provision of the Ride-Hailing. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of TodaMax;
6.3. While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. TodaMax reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
6.4. For Users:
6.5. You may cancel your request for transportation services at any time before you commence your ride with the Third Party Provider that has been matched with you by the Service;
6.6. If you feel you were incorrectly charged a Cancellation Fee, you may contact TodaMax for assistance. TodaMax reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the TodaMax e-Wallet Credits or such other method as is deemed reasonable by TodaMax.
6.7. If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as TodaMax may notify from time to time via the Cancellation Policy;
7. Ratings
7.1. Users and Third Party Providers may be allowed to rate each other in respect of Ride-Hailing provided;
7.2. Every rating will be automatically logged onto TodaMax’s system and TodaMax may analyze all ratings received. TodaMax may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
8. Repair and Cleaning Fees for Users
8.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Third Party Provider’s Vehicle as a result of your misuse of the Service or breach of the Terms of Use herein. TodaMax may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Third Party Provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Third Party Provider has been verified by TodaMax.
9. Complaints
9.1. Any complaints between Third Party Providers and Users must be taken up with each other directly. For the avoidance of doubt, such complaints include, but are not limited to, complaints involving: (a) defects, safety, and/or imperfections of products or goods ordered or purchased by Users; (b) deceptive, inaccurate, or insufficient labeling, packaging, or information regarding the products or services sold or offered for sale by Third Party Providers, as applicable; (c) loss or damage to goods incurred during conveyance or transport, as applicable or unless otherwise provided; (d) delays in delivery, as applicable or unless otherwise provided; or (e) other liability under applicable consumer protection, commercial, and criminal laws and/or administrative rules and regulations.
10. Taxes
10.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend TodaMax to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
10.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
11. License Grant and Restrictions
11.1. TodaMax and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by TodaMax and its licensors.
11.2. You shall not:
11.3. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
11.4. “mirror” the Application / Software on any other server or wireless or internet-based device;
11.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
11.6. use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the software/application.
11.7. modify or make derivative works based on the Application and/or the Software;
11.8. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
11.9. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
11.10. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform.
11.11. integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
12. Intellectual Property Ownership
12.1. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by TodaMax and/or its licensors. TodaMax’s name, TodaMax’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of TodaMax or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
12.2. TodaMax and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
13. Confidentiality
13.1. You shall maintain in confidence all information and data relating to TodaMax, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of TodaMax (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from TodaMax, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without TodaMax’s prior written consent, disclose such information to any third party nor use it for any other purpose.
13.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
13.3. was received from a third party having the right to disclose it; or
13.4. . was at the time of receipt already in your possession;
13.5. is required to be disclosed by law.
13.6. is, or becomes in the future, public knowledge through no fault or omission on your part;
14. Third Party Interactions
14.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and TodaMax and its licensors shall have no liability or obligation for any such communication or agreement. Neither TodaMax nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall TodaMax, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use or privacy policies prior to your use of or access to such goods or services, and TodaMax is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. TodaMax is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
14.2. We may include hyperlinks to other websites or Internet content owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
14.3. TodaMax may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings. You agree and allow TodaMax to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
15. Relationship
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with TodaMax.
16. No Waiver
The failure of TodaMax to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.
17. Data Privacy and Protection Data Protection Policy
17.1. TodaMax collects and processes your personal data in accordance with its Privacy Policy. The Privacy Policy applies to all of TodaMax’s Services and its terms are made a part of this Agreement by this reference.
17.2. You acknowledge that TodaMax may disclose the personal data of other individuals to you in the course of your use of TodaMax’s Services. You represent and warrant that you will only use such personal data for the purpose for which it was disclosed to you by TodaMax, and not for any other unauthorized purposes.
17.3. Where applicable, you agree and consent to TodaMax, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing personal data as further described in our Privacy Policy.
18. Indemnification
18.1. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold TodaMax, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Ride-Hailing to Users via the Service where applicable; or (f) the provision by Third Party Providers, as applicable, of false, inaccurate, deceptive, fraudulent, or otherwise illegal information, including but not limited to (i) product, price or promotional information, (ii) service information, or (iii) other information required to be disclosed by applicable law and/or administrative rules and regulations.
18.2. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold TodaMax, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Ride-Hailing to Users via the Service where applicable.
19. Internet Delays
19.1. The service, platform, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. TodaMax is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
20. Disclaimer of Warranties
20.1. TodaMax makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. TodaMax does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
20.2. TodaMax makes no representation or warranty of any kind whatsoever, express or implied, in respect of Ride-Hailing provided by Third Party Providers or any Ride-Hailing procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Ride-Hailing provided by Third Party Providers and shall have no recourse to TodaMax in respect of the same.
21. Severability
If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
22. Dispute ReRide-Hailing
This Terms of Use shall be governed by Philippine 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 this Terms of Use or the Service shall be referred to the Philippines Dispute ReRide-Hailing Centre (“PDRC”), in accordance with the Rules of the PDRC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and TodaMax (the “Arbitrator”). If you and TodaMax are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRC in accordance with the Rules. The seat and venue of the arbitration shall be Manila, in the English language and the fees of the Arbitrator shall be borne equally by you and TodaMax, 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.
23. Limitation of Liability
23.1. unless otherwise stated, and to the fullest extent allowed by law, any claims against TodaMax by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims. TodaMax and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service, including but not limited to:
23.2. any reliance placed by you on the completeness, accuracy or existence of any advertising; or
23.3. loss, damage or injury arising out of, or in any way connected with the service, the platform, application and/or the software;
23.4. the use or inability to use the service, the platform, application and/or the software;
23.5. TodaMax does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party transportation providers, merchants, advertisers and/or sponsors and you expressly waive and release TodaMax from any and all liability, claims or damages arising from or in any way related to the third party providers including third party transportation providers, merchants, advertisers and/or sponsors.
23.6. the quality of the Ride-Hailing scheduled through the use of the service is entirely the responsibility of the third party provider who ultimately provides such Ride-Hailing to you. you understand, therefore, that by using the service, you may be exposed to transportation, goods, products, services, or other conditions that are that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
23.7. as a result of any relationship or transaction between you and any third party provider, merchant, advertiser or sponsor whose advertising appears on the website or is referred to by the service, the application and/or the software,
23.8. TodaMax will not be a party to disputes, or negotiations of disputes between you and third party providers including third party transportation providers, merchants, advertisers and/or sponsors. unless you are a corporate customer with a current corporate account with TodaMax, TodaMax cannot and will not play any role in managing payments between you and the third party providers, including third party transportation providers, merchants, advertisers and/or sponsors. responsibility for the decisions you make regarding services and products offered via the service, the software and/or the application (with all its implications) rests solely with and on you. you expressly waive and release TodaMax from any and all liability, claims, causes of action, or damages arising from your use of the service, the software and/or the application, or in any way related to the third parties including third party transportation providers, merchants, advertisers and/or sponsors introduced to you by the service, the software and/or the application.
23.9. even if TodaMax and/or its licensors have been previously advised of the possibility of such damages.
24. Assignment
This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of TodaMax but may be assigned without your consent by TodaMax. Any purported assignment by you in violation of this section shall be void.
25. Notice
TodaMax may give notice through the Application, electronic mail to your email address in the records of TodaMax, or by written communication sent by registered mail or pre-paid post to your address in the record of TodaMax. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to TodaMax (such notice shall be deemed given when received by TodaMax) by letter sent by courier or registered mail to TodaMax using the contact details as provided in the Application.
26. Suspension and Termination
You agree that we may do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (b) to modify or change any applicable policies or terms; and (c) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
27. No Third Party Rights
Unless expressly provided herein, this agreement does not give rights to any third parties who are not party to this Agreement.
28. Entire Agreement
This Agreement comprises the entire agreement between you and TodaMax and supersedes any prior or contemporaneous negotiations or discussions.
Section B - TodaMax e-Wallet Terms of Use
By accessing or using the Services, the TodaMax Account, or the Platforms, you signify your acknowledgment and agreement to be legally bound by these TodaMax Terms and Conditions. You are strongly encouraged to read these Terms carefully prior to any use. Your continued access or use of the Services shall constitute either an express or implied acceptance of these Terms. Furthermore, by accepting these Terms, you likewise acknowledge and agree to be bound by TodaMax’s applicable policies, including but not limited to its Privacy Policy, as published on the official TodaMax website and as may be amended from time to time.
1. Use of TodaMax e-Wallet
1.1. The balance maintained in the TodaMax e-Wallet Account shall not be withdrawable in cash, nor shall it be transferrable to any bank account, debit card, or credit card. Said balance may exclusively be utilized for the purchase of goods and/or services from authorized Vendors available on the Platforms.
1.2. The TodaMax e-Wallet Account, including any monetary value stored therein, is strictly non-transferable and shall not be assigned, conveyed, or otherwise transferred to any third party, whether for consideration or otherwise.
1.3. No interest, dividend, rebate, reward, or other form of return shall accrue or be payable on the available balance in the TodaMax e-Wallet Account, regardless of the period during which such balance is maintained.
1.4. Each User shall be permitted to maintain only one (1) TodaMax e-Wallet Account. Any indication or reasonable suspicion of a violation of this provision shall constitute sufficient cause for the suspension and/or termination of the User’s access to any and all TodaMax e-Wallet Accounts under said User’s control or ownership.
1.5. The User shall bear sole responsibility for all activities conducted through their respective TodaMax Account and TodaMax e-Wallet Account. TodaMax shall not be held liable for any loss or damage resulting from access to, or use of, said accounts by any third party authorized—whether expressly or impliedly—by the User. Any and all actions undertaken by such third party shall be conclusively deemed to be actions authorized by the User. Moreover, the User hereby agrees to hold TodaMax free and harmless from, and to indemnify it against, any and all liabilities, claims, damages, or losses arising from, or in connection with, the acts or omissions of said third party.
1.6. TodaMax reserves the right to require, at any time and from time to time, additional information from the User concerning the User’s identity, use of the TodaMax e-Wallet Account, transaction history, and/or the number of e-Wallet accounts registered under the User’s name. The User undertakes to provide such information accurately, completely, and in good faith. Failure to comply with such request may, at the sole discretion of TodaMax, result in the immediate suspension or termination of the User’s TodaMax e-Wallet Account and/or TodaMax Account.
1.7. TodaMax reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or permanently discontinue the User’s access to the TodaMax e-Wallet Account at any time and for any reason deemed appropriate, including but not limited to the following circumstances:
1.7.1. In the event of any suspected breach or violation of applicable laws, rules, regulations, circulars, directives, or guidelines issued by competent governmental authorities, including the Bangko Sentral ng Pilipinas (BSP), or non-compliance with any instructions, advisories, or terms of use issued by TodaMax from time to time, including these TodaMax e-Wallet Terms and Conditions;
1.7.2. Where there exists any reasonable suspicion of discrepancy, falsity, misrepresentation, or material inaccuracy in the User’s personal data, financial information, identity documents, or any other supporting documentation submitted to TodaMax;
1.8. As may be necessary to address or prevent suspected fraud, sabotage, money laundering, terrorism financing, malicious activity, or in response to force majeure events and similar threats to the integrity of the system;
1.9. Whenever TodaMax, in its sole and exclusive discretion, determines that such suspension or discontinuation is warranted in furtherance of a legitimate business interest, regulatory compliance, or the protection of its services, systems, users, or reputation.
2. Mode of Refunds
2.1. If you are entitled to a refund in accordance with the refund and cancellation policies set out in the Refund policies, the default mode of refund for Orders in which payments were done through a credit card, debit card or COD method will be a refund to your TodaMax e-Wallet Account. The amount approved for refund (“Refund Amount”) to you shall be at TodaMax’s sole discretion.
2.2. If your original payment method is through a credit card or debit card, you have the option to transfer the Refund Amount to your original payment method within thirty (30) days (“Decision Period”) from the date the refund is made to your TodaMax e-Wallet Account.
2.3. You will be deemed to have purchased TodaMax e-Wallet load using the Refund Amount in the following instances:
2.3.1. During the Decision Period and you:
2.3.1.1. use the Refund Amount to pay for your subsequent Order; or
2.3.1.2. select to transfer the Refund Amount to your TodaMax e-Wallet Account;
2.4. Upon the expiration of the Decision Period and you did not take any action. In such case, the Refund Amount will be added to your TodaMax e-Wallet Account.
2.5. Pending any action or decision on your part during the Decision Period, you understand and agree that TodaMax is merely holding the Refund Amount in trust, on your behalf.
2.6. You may opt out from receiving refunds to your TodaMax e-Wallet Account as the default mode of refund at any time by changing your preferences in the “Settings” on the Platforms and in such cases, the refund will be processed to the original payment method that was used to make the original payment for the Order. For Orders in which payments were made through COD, we will request you to designate a bank account and the refund will be processed to that account. Please note that the refund to the original payment method, including refund to credit card or debit card, may take up to forty-five (45) days.
3. Change to Wallet in case of COD
3.1.1. In case of COD (i.e., cash payment made through the Delivery Partner to TodaMax at the time of delivering the order), you have the option of receiving the exact change of your cash payment into your TodaMax e-Wallet Account instantly and in a contactless manner, instead of handling cash. The change will be reflected in your TodaMax e-Wallet Account, and the aforementioned amount can be redeemed immediately on your next Order. Should you wish for the change to be processed to your bank account, then we will request you to designate a bank account and the change will be processed to that account.
3.2. Validity of Balance in TodaMax e-Wallet Account:
3.2.1. The balance reflected in your TodaMax e-Wallet Account which came from refunds, online top-ups, and change for payments made by COD does not expire as long as you have a valid TodaMax e-Wallet Account.
3.2.2. The balance reflected in your TodaMax e-Wallet Account which came from cashback or other incentives rewarded by TodaMax may have an expiry date, subject to the applicable cashback or incentive terms and conditions.
3.2.3. In the event that your TodaMax e-Wallet Account terminates or you wish to close your TodaMax e-Wallet Account, you may redeem the entire outstanding balance in your TodaMax e-Wallet Account by making a purchase on the Platforms before closing your TodaMax e-Wallet Account. Any outstanding balance in your TodaMax e-Wallet Account at the time you close your TodaMax e-Wallet Account will be forfeited. However, if your TodaMax e-Wallet Account is terminated by TodaMax pursuant to Paragraph (d), (g) or (m), the termination may take place with immediate effect and you may not be permitted to utilize any remaining balance in your TodaMax e-Wallet Account, which will be forfeited.
3.3. Prohibited Uses of TodaMax e-Wallet Account: Without prejudice to the other restrictions and limitations contained above, you shall not under any circumstances:
3.3.1. use the TodaMax e-Wallet Account to defraud TodaMax, our affiliates or other members or users, or engage in other unlawful activities (including, without limitation, dealing in products or services prohibited by law);
3.3.2. use the TodaMax e-Wallet Account in such a manner that violates, or causes TodaMax to violate, any law, statute, ordinance or regulation;
3.4. impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
3.4.1. post or transmit any message, image or data which is pornographic, obscene, abusive, offensive, inappropriate, unlawful, infringing, inaccurate, false, defamatory, violent, or otherwise objectionable in nature;
3.4.2. purchase any products or services using fraudulent, misappropriated, or unlawfully obtained funds;
3.4.3. use the balance in the TodaMax e-Wallet Account in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to TodaMax; or
3.4.4. use the TodaMax e-Wallet Account for money laundering, terrorism financing, tax evasion or any other illegal activities.
3.5. Your Responsibilities with TodaMax e-Wallet: In connection with your use of the TodaMax e-Wallet Account, it shall be your responsibility to adhere to the following:
3.5.1. Promptly inform TodaMax of any unauthorized usage of your TodaMax e-Wallet Account and any other circumstances which may lead to unauthorized usage of your TodaMax e-Wallet Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
3.5.2. If you receive an erroneous transfer to your TodaMax e-Wallet Account and such error is brought to your attention, you agree to return and cooperate with the steps taken by TodaMax to return such erroneously-transferred value to TodaMax promptly. Please note that it may be an offence to retain and/or use any value that you are aware has been transferred to you in error;
3.5.3. that when you acquire goods and/or services from a Vendor and pay the Vendor through the TodaMax e-Wallet Account, you understand that you enter into a contract with the Vendor and we are not a party to the contract between you and the Vendor. TodaMax shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. In addition, TodaMax is under no obligation to monitor the quality of the Vendor’s service used by you; the Vendor alone will be responsible for all obligations under the contract between you and the Vendor, including, but not limited to, warranties or guarantees. TodaMax shall not be responsible or liable for any deficiency in the preparation, condition and quality of goods and/or services purchased from Vendors using the balance in the TodaMax e-Wallet Account;
3.5.3.1. to use the TodaMax e-Wallet Account in good faith and in compliance with all applicable laws and regulations, all instructions or notifications issued to you by TodaMax from time to time, and these TodaMax e-Wallet Terms; and
3.5.3.2. to be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a merchant or otherwise arising from transactions
4. Unauthorized Transactions and Redressal of TodaMax e-Wallet:
4.1. An unauthorized transaction occurs when a payment is made from or to your TodaMax e-Wallet Account that you did not authorise. For example, if someone makes a transaction from your TodaMax e-Wallet Account using a stolen password, an unauthorized transaction has occurred. If you provide access to your TodaMax e-Wallet Account to a third party (by disclosing your login information or any other information) and they conduct transactions without your knowledge or permission, you are responsible for any resultant use.
4.2. The liability of any misuse is solely yours, until you report the issue to TodaMax.
4.3. In the event an unauthorized transaction is made using your TodaMax e-Wallet Account, you should immediately notify TodaMax if you believe:
4.3.1. there has been an unauthorized transaction or unauthorized access to your account; or
4.3.2. your username and password for your TodaMax e-Wallet Account has been compromised
4.4. For unauthorized transactions or errors made using your TodaMax e-Wallet Account, you may notify us via our in-app customer support chat feature
TodaMax Delivery / Driver Code of Conduct
TodaMax maintains a zero-tolerance policy towards violations of the Code of Conduct that we hold our independent driver and delivery-partners accountable to as part of our TodaMax community. This Guideline provides details of infringements of the Code of Conduct that may result in suspension or termination of user access to the TodaMax platform
1. Maintain proper documentation to drive.
1.1. You must always hold a valid national driving and vocational license and other permits as may be required by the relevant authorities. You and your vehicle must also be covered with good insurance stipulated by local regulations. Be truthful about your criminal record. It is your responsibility to update and resubmit your documents when they expire if they are revoked or as and when requested by TodaMax.
1.2. Examples of Infringement:
1.2.1. Driving without valid driving license/vocational license/ vehicle insurance
1.2.2. Using false documents to sign up as a driver.
2. Assault, harassment or abuse of any kind will not be tolerated.
2.1. The following behaviors are prohibited on our platform: Attempted or actual physical assault, verbal or physical sexual harassment, rape, murder, kidnapping, threats and intimidation, and sexual advancement between drivers and users, whether consensual or otherwise. Do not ask overly personal questions or comment on anyone’s appearance. You are strictly prohibited from contacting your passenger after the trip for personal reasons. In a dispute, do not take matters into your own hands.
2.2. Examples of Infringement
2.2.1. Committing the following towards all TodaMax users and TodaMax employees:
2.2.2. Attempted or actual criminal acts on the platform, including physical/sexual assault, rape, murder, or kidnap
2.2.3. Attempted or actual sexual advancement
2.2.4. Explicit staring, leering, or gestures
2.2.5. All forms of verbal or written – sexual or non-sexual harassment/threat/intimidation via phone calls, messaging apps, social media including but not limited to asking personal questions or commenting on appearance
2.2.6. Use of vulgar, rude, or inappropriate words in any form
2.2.7. All forms of physical or in-person harassment
2.2.8. Contacting or stalking users after bookings are complete, edited for personal reasons either online or in-person
3. Do not commit crimes.
3.1. You may be penalized under the prevailing law if you commit any criminal acts such as theft, robbery, possession of illicit materials or weapons, acts of vandalism, or property damage. We will work closely with law enforcement agencies to investigate and prosecute offenders.
3.2. Examples of Infringement
3.2.1. Criminal offenses under State Law
3.2.2. Driver partner is under investigation for a criminal offense by the authorities
3.2.3. Intentional damage or vandalism to TodaMax user’s or company’s property
3.2.4. Failure to comply with regulations/instructions as required by TodaMax or the government
4. Follow road safety laws.
4.1. Do not commit traffic violations or drive recklessly that endangers the lives of our users and other road users. This includes complying with speed limits, obeying road signals and traffic lights, using a hands-free kit while driving or riding, and ensuring your users wear a seatbelt. You should always wear a seatbelt or a helmet. Avoid driving or riding long hours and take sufficient breaks. If you are involved in an accident with a user on board, you must lodge a police report for record purposes.
4.2. Examples of Infringement
4.2.1. Causing injuries/ permanent disability/ death to users, third parties, or pedestrian(s)
4.2.2. Violating traffic regulations including but not limited to:
4.2.3. Causing injuries/permanent disability/death to users, third parties, or pedestrian(s)
4.2.4. Operating a vehicle without a valid license or insurance
4.2.5. Driving or riding above the speed limit on roads or footpaths
4.2.6. Driving or riding without a seatbelt/helmet
4.2.7. Distracted driving or riding
4.2.8. Driving or riding while fatigued
4.2.9. Reported unsafe driving/riding behavior
4.2.10. Intentionally concealing vehicle registration plate
5. Alcohol, drugs, and weapons are not tolerated.
5.1. Do not consume drugs or alcohol while on the TodaMax platform. Illegal substances, open containers of alcohol, and weapons are not permitted in your vehicle. If a user or public member believes you may be under the influence of drugs or alcohol, they have the right to end the booking immediately and alert TodaMax or the authorities. Likewise, do not accept or deliver illegal items/dangerous goods, including any special requests from users for goods and/or services not part of TodaMax’s services. If you have reason to suspect the nature of the contents of your parcel, please notify TodaMax and the authorities.
5.2. Examples of Infringement
5.2.1. Possession of any weapon such as guns, pepper spray, batons, or knives
5.2.2. Possession of drugs or any illegal drug-related offenses
5.2.3. Being under the influence of drugs or alcohol during a TodaMax booking
5.2.4. Intentional or attempted usage of the TodaMax platform as a proxy for criminal activities such as drug trafficking, money-laundering, transportation of illegal goods and items
5.2.5. Accepting items for delivery other than those allowed by the service without reporting to TodaMax/authorities: (a) illegal/suspicious items (e.g. illegal drugs), (b) dangerous goods (e.g. weapons), (c) items deemed prohibited in TodaMaxExpress waybill or (d) any other item prohibited by law
6. Look after your vehicle.
6.1. Maintain your vehicle in a good operating condition, in accordance with industry safety standards and local regulatory requirements. Make sure you only use the vehicle that is registered with TodaMax.
6.2. Examples of Infringement
6.2.1. Complaints on the condition of your safety equipment (seatbelt / helmet)
6.2.2. Internal/external damage on vehicle affecting quality or safety of the vehicle (e.g. windscreen cracked, door or windows not working, air conditioning not working)
6.2.3. Driving a different vehicle/plate/account than the one indicated in the app
6.2.4. Driving or riding a different vehicle/plate/account than the one indicated in the app
6.2.5. Permitting any other person to use your vehicle or license to do TodaMax bookings on your behalf
6.2.6. Not using the correct mode of transport/delivery as registered with TodaMax
6.2.7. Sharing or pooling of vehicles during bookings/deliveries
7. Practice good hygiene.
7.1. Maintain good personal hygiene at all times. Please do your part to ensure a safe environment for your customers, your family, and yourself. Regularly refer to latest official guidelines for requirements on personal and vehicle cleanliness.
7.2. Examples of Infringement
7.2.1. Not wearing mask or face shield during bookings / deliveries
7.2.2. Driving or riding if you feel unwell
7.2.3. Failure to inform TodaMax if you contract COVID-19 or were exposed to a person who contracted COVID-19
7.2.4. Not ventilating or disinfecting vehicle / delivery bag regularly
7.2.5. Not washing hands or sanitizing regularly
7.2.6. Not maintaining social distancing when waiting for bookings or collecting orders from merchant-partners
8. Practise safe and effective delivery.
8.1. Follow all the safety protocols and guidelines to ensure deliveries are done in a safe and effective manner. Delivery-Partners are required to use only TodaMax-issued delivery bags while delivering food/goods when on the job with platform to customers.
8.2. Examples of Infringement
8.2.1. Delivery-Partners not using TodaMax issued official delivery bag while picking up and delivering food or goods, when on the job with the platform
8.2.2. Delivery-Partners not cleaning and sanitizing your TodaMax delivery bag regularly
8.2.3. Delivery-Partners not replacing the damaged delivery bag. Wear and tear accepted
9. Respect the privacy of our TodaMax users.
9.1. You MUST keep confidential all personal data (i.e. name, mobile number and address) that comes into your possession. Unauthorized collection, use or disclosure of personal data of our users is strictly prohibited. Your responsibility is to comply with local privacy laws and regulations should you choose to use personal in-vehicle cameras.
9.2. Examples of Infringement
9.2.1. Sharing, distributing and/or publishing a user’s or entity’s personally identifiable information without their consent or in a defamatory nature
9.2.2. Illegal recording of audio or video of users (e.g. through concealed or disguised recording devices)
10. Do not discriminate.
10.1. You shall not refuse to provide services or make derogatory comments about anyone based on their race, religion, nationality, disability, sexual orientation, gender or, gender identity, age or any other characteristic.
10.2. Examples of Infringement
10.2.1. Refusing or canceling a booking based on the user’s characteristic(s)
10.2.2. Use of any remarks, either verbally or through text messages that could comment on a person’s race, religion, nationality, disability, sexual orientation, gender, age or other characteristics
11. Be fair to our TodaMax users.
11.1. Honour a booking you have accepted and do not unreasonably cancel jobs or transfer a job to someone else. Discuss and agree with the user before taking an alternative route. Honour all promo codes and discounts given to users. You shall not have another person or pet inside your vehicle while you are on the TodaMax platform. Wait for your user for a reasonable amount of time.
11.2. Examples of Infringement
11.2.1. Picking up passenger with another passenger in the vehicle for non-TodaMax ride share rides
11.2.2. Dropping off delivery with another user in vehicle
11.2.3. Requesting another driver to pick up passenger or passenger to ride with another driver
11.2.4. Overcharging by collecting a higher fare stated on the app or meter, entering a wrong surcharge, or setting your own fare not in accordance with the rates in the TodaMax app
11.2.5. Cancelling a booking without a valid reason or giving a false reason (e.g. “Restaurant is closed)
11.2.6. Asking user to exit the vehicle before booking is complete
11.2.7. Not dropping user or delivery at destination without reasonable cause
11.2.8. Making an unnecessary detour (e.g. to fill fuel)
11.2.9. Collecting cash for non-cash (e.g. TodaMax wallet) bookings
11.2.10. Not honoring promos or discounts given to users
12. Be well-mannered with our TodaMax users.
12.1. Be properly and decently always attired. Wear your TodaMax delivery attire, if applicable. Be polite in your interactions with our users and accede to reasonable requests from users, such as adjusting the air-conditioning or radio volume and assisting passengers with luggage when requested. Users also have a right to a clean, smoke-free ride.
12.2. Examples of Infringement
12.2.1. Smoking during bookings (e.g., in the vehicle or when making a delivery)
12.2.2. Inappropriate attire (e.g., shorts/sleeveless shirts/slippers)
12.2.3. Dirty or unhygienic (interior or exterior) vehicle such as cigarette or any uncomfortable smell
12.2.4. Failure to adhere to the passenger’s request to lower the radio volume or roll the car windows down.
12.2.5. Verbal in-person exchange of words that are deemed overtly personal, which includes attempts to obtain another person’s phone number, home address, daily activities and routine, other personal non-sexual information.
13. Ensure a seamless experience.
13.1. Communicate with and wait for your passenger at the correct pick-up point and allow them to alight at the chosen drop-off point. Confirm your passenger’s identity before driving off. Agree with your passenger on the route to take. Only complete the booking after the passenger has alighted from the vehicle or after the order has been delivered. Do not solicit users to make an off-platform booking or recommend other ride-booking apps to them. Do not tamper with your food or delivery items, and ensure they are stored in the appropriate delivery bags.
13.2. Examples of Infringement
13.2.1. Forcing passengers to be picked up/dropped off at non designated location.
13.2.2. Forcing users to cancel the booking without a valid reason.
13.2.3. Failure to pick up or drop parcel at designation location.
13.2.4. Intentionally picking up another driver’s passenger
13.2.5. Intentionally preventing other drivers from picking up passengers / fulfilling orders
13.2.6. Making an off platform booking with users
13.2.7. Changing route without passenger’s permission
13.2.8. Promoting other services during service to user
13.2.9. Soliciting for/with passenger/consumer/merchant/other driver-/delivery-partners
13.2.10. Tampering of food or delivery items
13.2.11. Inability to issue waybill and proper proof of pick-up, proof of delivery photos
14. In case of emergency
14.1. Always call the authorities first. Once all parties are safe, and authorities have been notified, contact TodaMax to report the incident. You will be penalized using TodaMax Emergency Hotline for Non-Emergency matters.
14.2. Examples of Infringement
14.2.1. Failing to inform TodaMax within 48 hours of a road traffic accident
14.2.2. Intentionally evading responsibility towards users, including affected third party after accident occurs
14.2.3. Intentionally using TodaMax Emergency Hotline for non-emergency matters
15. Act in good faith.
15.1. Do not cheat or defraud TodaMax by any method such as sharing or creating duplicate accounts. Use only the official TodaMax application downloaded from the Google Play/Apple Store. Do not keep applications or devices with the potential of modifying TodaMax’s intended user experience. This includes location spoofing applications, rooted/jailbroken/modified devices and/or exposed frameworks. Do not complete a booking without picking up the user or order. Always provide truthful information when creating /accessing your account, or disputing charges or fees. Use offers and promotions only as intended. If your user leaves their belongings behind, you are required to inform TodaMax and make every effort to return the item to the user or TodaMax. Do not key in additional charges that were incurred from additional services that are not part of TodaMax. Make sure to maintain a positive balance in your cash /credit wallets.
15.2. Examples of Infringement
15.2.1. Any form of gaming incentives, fares and other earnings component. This includes but is not limited to conspiracy with passenger/merchants/drivers/peer/TodaMax employee and creating false bookings/accounts with fellow driver
15.2.2. Deliberately using faulty device/handphone which impairs GPS
15.2.3. Retaining possession of passenger property left behind in vehicle for more than 24 hours after confirming with TodaMax
16. Respect our TodaMax staff.
16.1. Be cooperative and do not abuse, threaten or harass our TodaMax staff in our premises, over the telephone or on social media. These acts include unauthorized photo/video-taking, stalking and asking for contact details.
16.2. Examples of Infringement
16.2.1. Insulting or threatening TodaMax or its employees in all forms
16.2.2. Exposing TodaMax or its employees on Social Media
17. Maintain good behavior on the platform.
17.1. Excessive cancellations, low acceptance rates and low ratings have been linked to fraud and safety issues. Keep your Cancellation Rate, Acceptance Rate, and Driver Rating in accordance with the prevailing policy
17.2. Examples of Infringement
17.2.1. Driver rating falls below 4.5
17.2.2. High Cancellation Rate
18. Be open to feedback and training.
18.1. We value the feedback of both our users and driver-partners. We continuously evaluate a driver’s driver-partner’s performance and provide feedback accordingly. You may be required to attend training sessions organized by TodaMax to improve your service levels.
18.2. Examples of Infringement
18.2.1. Failure to attend reeducation session due to violation of Code of Conduct
18.2.2. Failure to complete any mandatory training as required by TodaMax
19. Reporting of Concerns: TodaMax Employees.
19.1. Please note that this channel is for reporting of fraud/wrongdoings by TodaMax employees only. For violations by other parties such as TodaMax drivers, consumers or merchants. For all other issues, please report them through the Help Centre. You may refer here for a guide on how you can submit a report on the Help Centre. Make sure to use the correct channel when reporting an issue so we can help you out as soon as we can.
19.2. TodaMax shall observe the following principles with regards to any such concerns/issues raised in good faith:
19.3. Confidentiality: All reports made and the identities of the whistleblowers will be kept strictly confidential, to the extent allowed by law and the needs of the investigation.
19.4. Retaliation: TodaMax does not tolerate any form of retaliation, reprisal or harassment against whistleblowers.