Terms of service

 

1. About us

1.1 Company details. Future Mobility Solutions Sdn Bhd (Company No.: 1319995-W) (“Trevo”, “we”, “us” or “our”) is a company registered in Malaysia.

1.2 Trevo. We operate a peer-to-peer car-sharing platform that connect individual owners and fleet owners of under-utilized vehicles with individuals who intend to use and access the vehicles, called Trevo (the “Platform”). The Platform can be accessed through Trevo.my, or the Trevo mobile application, available through the Google Play Store and Apple App Store. 

1.3 Services. The Platform, the website, and the mobile application, and the content, functionality and accessory and complementary services made available to Users in the Platform, website, and mobile application, shall be collectively referred to as the “Services”.   

1.4 Contacting us. For any inquiries, requests, or complaints, you can reach our customer service team through our WhatsApp mobile line at +6012-694 0323 or e-mail help@trevo.my. How to give us formal notice of any matter under the Terms is set out in paragraph 22.

1.5 Contacting you. You agree that we may at times contact you via your provided telephone number through text message, messenger apps, pre-recorded messages calls, or calls, or via your provided email.

 

2. Our contract with you

2.1 Terms. This Terms of Service, the Privacy Policy, and other applicable terms, guidelines and policies regulating usage for certain services or certain promotions or campaigns released by us from time to time, shall collectively be referred to as the “Terms”. The Terms set out the rights, obligations, restrictions, and other necessary matters between the Users and Trevo in the course of the provision and use of the Services.

2.2 Agreement. By using the Services, you agree to comply with and be legally bound by the Terms, which shall be a valid and enforceable agreement under law between you and Trevo.  

2.3 Entire agreement. The Terms shall be the entire agreement between you and Trevo in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Terms.

2.4 Modification. We may modify the Services, or amend the Terms, from time to time in our sole discretion, subject to us notifying you of any upcoming changes to the Services and/or the Terms via announcements on the Website, the mobile application, or by sending you an email to your registered email address. Continued access or use of the Services after receiving our notification about the changes shall be deemed as your consent to be bound by the amended Terms and Services.    

 

3. Personal Data & Privacy

3.1 Personal Data. The security of your personal data and your privacy is important to us. Kindly read and understand our Privacy Policy before providing us with your Personal Data. If you do not agree with our Privacy Policy, kindly refrain from using the Services. 

 

4. Definitions

4.1 The capitalized words in the Terms shall have the meaning set out below: 

Terms

Meaning

Access Fees

Means the fees for Trips set by Hosts and collected by Trevo on behalf of the Hosts. 

Account

Means the Trevo account Users shall register for to be registered as a Host or a Renter and access the full functionality of the Services. 

Booking

Means the reservation of a Vehicle by a Renter for a pre-determined period, and except for Instant Booking Vehicles, that are pending approval by the Host. 

Charges 

Means the fees and charges for the use of the Services, details of which are provided in paragraph 7 and Annex 1-A. 

Commercial Host

Means a car-rental or transport company that has listed its Vehicles on Trevo. 

Designated Location

Means the location, as determined by the Host, where the Vehicle shall be collected and/or returned on the beginning and end of the Trip. 

Renter

Means a User who is authorised to pay for accessing Vehicle hours (“Access Fees”)- and operate Vehicles listed on the Services, as set out under paragraph 5.1.

Host

Means a User who is authorised to list Vehicles for sharing on the Services as set out under paragraph 5.2, and where relevant, include Commercial Hosts.  

Instant Booking Vehicle

Means Vehicles which are opted in by Hosts for auto approval leading to instant matching of vehicle whenever a booking comes in.  

Marketplace Fees

Means the fees payable to Trevo by the Hosts for booked Trips through the Services.

Personal Data

Shall carry the meaning prescribed to it in the Personal Data Protection Act 2010 of Malaysia. 

Preferred Insurance Coverage

Means the insurance product and protection made available by our Preferred Insurer for Hosts on the Services. In the Trevo mobile application, such Coverage is termed as “Trevo Shield”.

Preferred Insurer

Means Trevo’s preferred insurance provider which is duly licensed by Bank Negara Malaysia, which shall be providing the Preferred Insurance Coverage for Users.    

Users 

Means Renters, Commercial Hosts, and Hosts, and any users of the Services whether with an Account or not, collectively.  

User-Generated Content

Means photographs of you and your Vehicle(s), reviews, feedback, and descriptions of you, your Vehicle or Trip, or other content that are posted, uploaded, published, submitted or transmitted through the Services. 

Vehicle

Means the vehicles that have been approved by Trevo to be listed on the Services. 

Trip

Means Bookings that have been accepted by the Host, i.e. reservation to access and use Vehicle by Renters for a pre-agreed number of days, or, in the case of Instant Booking Vehicles, Bookings that have been successfully made. 

5. Eligibility

5.1 Renter

(a) A User shall first register an Account AND be authorised by Trevo to be a Renter, before the User can access and use the Vehicles listed on Trevo. To be a Renter;

(i) the User shall be 19 years old and above; 

(ii) the User shall possess a valid driving license (Malaysian (Competent Driving License) or International equivalent);

(iii) the User shall sign up for an Account by providing a valid email address and creating a password, or connecting through an existing Facebook or Social Network service Account (if made available by Trevo); 

(iv) the User shall provide Trevo with accurate, complete, and up to date information about the User, including scanned or digital images of the User’s NRIC and/or passports or any form of identifying document, driving license, and any other documents as we request; and

(v) the User shall authorise Trevo to conduct any relevant background check with the provided information, whether such checks are conducted by Trevo or through a third-party.

(vi) Renters understand that Hosts and Commercial Hosts may set other Renter eligibility criteria in respect of their Vehicles that are in addition to paragraph 5.1. The Hosts’ or Commercial Hosts’ decisions shall be final.

5.2 Host. 

(a) A Host shall first register for an Account AND be authorised by Trevo as a Host, before a User can list Vehicles on the Services. To be authorised as a Host;

(i) the User shall be 21 years old and above; 

(ii) the User shall sign up for an Account by providing a valid email address and creating a password, or, if and when available, by connecting through an existing Facebook or Social Network service Account; 

(iii) the User shall provide Trevo with accurate, complete, and up to date information about the User and the Vehicle, including, but not limited to: 

(A) scanned or digital copies of the NRIC and/or passports;

(B) valid bank account (beneficiary should be the same name as registered company or user); 

(C) valid road tax issued by JPJ;

(D) registration title of the Vehicle; 

(E) Vehicle insurance policy and cover note; and 

(F) Proof of most recent vehicle inspection/servicing;

(iv) the User shall authorise Trevo to conduct any relevant background check and verification with the provided information, whether such checks are conducted by Trevo or through a third-party; and

5.3 Vehicle Eligibility Requirements

(a) A Vehicle can only be listed if the Vehicle is: 

(i) duly registered or have sharing rights assigned to the Host; 

(ii) registered for use on public roads in Malaysia;

(iii) adequately maintained for safe use; 

(iv) is not subject to any unaddressed safety recalls;

(v) be no more than 12 years old (from first date of registration);

(vi) be insurable, in the discretion of our Preferred Insurer; and

(vii) are personal vehicles that seat 8 or fewer people, and are NOT motorcycles, trucks, or farm or construction vehicles.

(i.e. the “Vehicle Eligibility Requirement”)

5.4 Trevo’s Discretion. The authorisation of Renters or Hosts, or the approval of Vehicles to be listed on the Platform, are in our sole and absolute discretion of Trevo. However, Trevo does not guarantee, and does not make any warranties or representations, or endorse the safety or roadworthiness of the Vehicles, or the ability of any Renter to operate the Vehicle safely and competently. Refer to paragraph 20 on the exclusion of our liability for more information. 

5.5 Update Information. You promise to update your details in your Account regularly when there are changes to the information to your Account. 

5.6 Account Security

(a) You are solely responsible for keeping the login details of your Account secure, and for preventing unauthorised access to your Account. 

(b) You will be solely responsible for all the use of your Account, and any acts or omissions arising from your Account, whether such acts or omissions are authorised by you.

(c) If you are aware of theft and non-authorised use of your Account, you shall immediately notify us and follow our instructions to secure your Account.

 

6. User obligations

6.1 Obligations. You shall use the Services in accordance with the Terms and all applicable laws and regulations. Furthermore, in the course of using the Services, you shall not, nor advocate, encourage, request, or assist any third party to:

(a) commit or encourage a criminal offence or the breach of any laws in any jurisdiction;

(b) engage in activities or to submit User-Generated Content that solicits personal information for unlawful or unauthorised purposes;  

(c) transmit or distribute a virus, trojan, worm, logic bomb, keystroke logger, spyware, or any other material which is malicious, technologically harmful, in breach of confidence, in breach of personal data protection laws in any jurisdiction, or in any way offensive or obscene;

(d) use the Services in any manner that could damage, disable, overburden or impair any servers, networks, or interfere with any other party’s access and use of the Services; 

(e) attempt to gain unauthorised access to the Services, other Users’ Accounts, computer systems or networks, or information not intentionally made available on or through the Services, through hacking, password mining or any other means;

(f) interfere with the proper operational integrity of the Services or any other activities conducted on the Services;

(g) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;

(h) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any unauthorised third-party the Services in any way; 

(i) link to, mirror, or frame any portion of the Services;

(j) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services;

(k) decompile, reverse engineer, or disassemble the Services; 

(l) corrupt, mine or steal any data from the Services or third-party services that supports the Services;

(m) harass, intimidate or cause annoyance;

(n) infringe upon the rights of any other person’s proprietary rights; 

(o) send any unsolicited advertising or promotional material, i.e. spam; 

(p) send and/or transmit any information or material including User-Generated Content which, in our opinion, is morally objectionable, false, menacing, or patently offensive in character with intent to annoy, abuse, threaten or harass any person; 

(q) contravene of any third-party website terms;

(r) harm or tarnish the reputation of Trevo; 

(s) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

(t) fail to honour any commitments or obligations required under the Terms, including, but not limited to, the availability or delivery of any booked Vehicle by Hosts, and the payment of fees or return of Vehicle by Renters; 

(u) use the Services in breach of to find a Vehicle or Renter, and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to the provision of the Services or for any other reasons;

(v) as a Host;

(i) offer any Vehicle that may not be shared for compensation pursuant to the terms and conditions of an agreement with a third party, including, but not limited to a lease or financing agreement;

(ii) make any false or misleading listings;

(w) as a Renter;

(i) fail to pay Charges or other amounts owed to Trevo or another User; 

(ii) return the Vehicles late or improperly; and

(iii) allow anyone other than an approved Additional Driver with whom you are traveling with to drive the Vehicle.

6.2 Vehicle Availability. The minimum Vehicles availability requirements for Vehicles on the Trevo apply as follows:

(a) Hosts who have opted for Preferred Insurance Coverage shall make the Vehicles available for access by Renters for a required minimum of days as depicted in Annex 1-D . Failing to meet this minimum requirement over 2 months within a 12 months period is subject to the cancellation of the Preferred Insurance Coverage

(b) Hosts who have not opted for Preferred Insurance Coverage are not subject to minimum Vehicle availability requirements. 

6.3 Your Default. If our ability to provide the Services is prevented or delayed by any failure by you to fulfil any obligation listed in this paragraph 6 (Your Default):

(a) we may suspend performance of the Services, suspend or terminate your Account, until you remedy Your Default, and rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services; 

(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and

(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

 

 

7. Charges 

7.1 Types and rates of Charges. In consideration of us providing the Services, Users shall pay our Charges in accordance with this paragraph 7. The Charges for using our Services are set out in Annex 1-A A.

7.2 Earning. Host will receive the Access Fees for successful Trips from the Renter minus deductions for Marketplace Fee, details of which are set out in Annex 1-B and depending on Hosts’ choice on whether to utilize the Preferred Insurance Coverage.   

7.3 Pre-Authorisation

(a) When the Renter’s Booking is accepted, the Renter’s credit or debit card will be charged for the  Access fees and a flat amount as depicted in Annex 1-C will be pre-authorised (“Pre-Authorisation Amount”), which shall be deducted/forfeited to reimburse the Host for contingencies such as damages, fines, penalties, and other unexpected costs incurred by the Host. Renters who intend to pay with a Debit Card shall ensure there are sufficient funds in the bank account to pay for the Access Fees and the Pre-Authorisation Amount.

(b) The Pre-Authorisation Amount will be charged to the Renter’s credit or debit card within 24 hours before the commencement of the Trip. 

(c) If Pre-Authorisation Amount cannot be charged to the Renter’s credit or debit card, Hosts will not be able to approve the Booking. 

(d) The Pre-Authorisation Amount will be refunded to the Renters within 7 business days after the Renters returns the car in the condition that the Renters received it, without any fines, penalties, and other unexpected costs set out in paragraph 7.3(a). 

(e) The Pre-Authorisation Amount will also be refunded if the booking is cancelled by the Renters or the Host. 

7.4 You authorise Trevo to: 

(a) store your payment credentials, and to use the same to pay for any Charges specified in paragraph 7; and

(b) report information to credit bureaus in the event there are late payments, missed payments, defaults or delinquencies on your Account. 

7.5 Incidental charges. You understand that, in addition to the amount due, defaulting or delinquent Accounts will be charged for costs that are incidental to the collection of defaulting or delinquent Accounts including, but not limited to, late payment interests, collection fees, convenience fees, and/or other third-party charges. 

7.6 Communications. You agree that all communication in relation to late payments, missed payments, defaults, or delinquencies in respect of your Accounts may be made by e-mail or the Trevo mobile application. Such communication may be made by Trevo or by anyone on its behalf, including but not limited to an appointed service provider. 

7.7 Accuracy of Charges during Checkout. We take all reasonable care to ensure that the Charges stated in the checkout page are correct at the time when the relevant information was entered into the system. 

7.8 Changes in Charges. The Charges may change from time to time, but changes will not affect any Bookings or Trips you have already placed.

7.9 Service Tax. The Charges are exclusive of Service Tax. Where Service Tax is payable in respect of some or all the Services you must pay us such additional amounts in respect of Service Tax, at the applicable rate, at the same time as you pay the Charges.

 

8. Terms applicable to Renters

8.1 Charges. Renters shall pay all Charges when they come due by credit card or debit card, as set out in paragraph 7. Failure to pay any Charges will:

(a) lead to a declined Booking; and/or

(b) be deemed as a breach of the Terms.  

8.2 Use of the Vehicle

 (a) Vehicles shall not be used for the purposes below:

(i) for any illegal or morally objectionable purposes; 

(ii) in a manner which will or is likely to cause damage to the Vehicle;

(iii) to be driven outside of Malaysia; and

(iv) for any commercial and non-personal purposes, e.g. for use to provide ride-hailing and ride-sharing services.

(b) Furthermore, Renters and their passengers shall:

(i) not forge or cover the license plate of the Vehicle; 

(ii) not do any acts that will infringe or jeopardize the Hosts’ legal ownership of the Vehicle, including, without limitation, renting out the Vehicle, using the Vehicle as collateral, or selling the Vehicle; and

(iii) not use the Vehicle to tow any other vehicles or heavy objects or breach any fair use policies set by the Host.

(c) Vehicle collection and return

(i) Renters shall collect the Vehicle from and return the Vehicle to the Designated Location.

(ii) If the Renters return the Vehicle to a location other than a Designated Location, the Renters shall immediately notify us via email ops@trevo.my, or by contacting the Trevo Customer Centre at on WhatsApp via +6012-694 0323.

(iii) If the Vehicle is returned in a location other than a Designated Location, the Renters shall be liable to pay the applicable penalty as stated in paragraph 7.

(iv) When the Renters collect the Vehicle, the Renters shall carefully inspect the Vehicle for any abnormalities or damages, upload photos and notify Trevo of any abnormalities or damages before accepting the Vehicle.

(v) Failure to notify us of abnormalities or damages will render the Renters liable for causing any damage discovered on the Vehicle upon return.

(vi) Except for normal wear and tear from ordinary use, the Renters shall return the Vehicle in its original condition as confirmed at the beginning of the Trip. 

(vii) Renters shall return Vehicle with the same amount of fuel as it has upon Vehicle’s key collection.

8.3 Repossession

(a) We may take any lawful actions necessary for the re-acquisition or re-possession of the Vehicle if you fail to return the Vehicle at the Designated Location to the Host at the end of the Trip.

(b) We reserve the right to contact or track the location of Renters who fail to return the Vehicle by whatever means necessary, including via the GPS in the Vehicle (if any), for the purposes of ascertaining the location of the Vehicle. We, or our appointed service provider may also visit residential or office address of the Renters who fail to return the Vehicle.

(c) The Company may take other necessary measures such as reporting the Vehicle as stolen to the police if the Company is unable to reach the Renters and/or when the Renters refuse or fail to return the Vehicle within 2hours from the end of the Trip, and the Company or our Preferred Insurer may immediately commence legal action to recover its costs and losses against the Renter.

8.4 Primary Financial Responsibility. Renters are primarily responsible for all liabilities under the Terms with regard to Charges, damage, losses, or other liabilities arising from the use of the Vehicle or any breach of the Terms. However, Renters may fund that primary liability via any personal insurance available to the Renters as the primary source of funds.

8.5 Commercial Host. A Commercial Host shall provide its own insurance, collision damage waiver to the Renters. The Renters understand that, if the Vehicle selected is listed by a Commercial Host, no third-party liability insurance, physical damage protection, and/or roadside assistance will be made available via the Services by Trevo or its Preferred Insurers. 

8.6 Additional Driver. Only the Renters may operate the Vehicle accessed through the Services. However, with our approval, the Renters may opt to nominate up to 2 other drivers for the Trip (“Additional Drivers”). Additional Drivers shall only be approved if:

(a) the Additional Drivers has a valid Account; and

(b) the Additional Drivers are authorised by Trevo as Renters.

8.7 Non-collection. Renters who do not collect the Vehicle on the agreed time and Designated Location will subject to Charges depicted in Annex 1-A. 

8.8 Lost Vehicles. If you lose the Vehicle during the Trip, or the Vehicle is stolen during the Trip, or the Vehicle is missing for any reason, you shall comply with instructions given by Trevo and the Hosts, including to cooperate with filing a police report within  4 hours after discovering that the Vehicle has gone missing, and cooperate fully with the authorities in all matters related to the investigation.

 

9. Terms applicable to Hosts

9.1 Listing

(a) Hosts shall identify the Vehicle that will be listed on Trevo.

(b) Hosts represent and warrant that the Vehicle shall satisfy the Vehicle Eligibility Requirements.

(c) The listing shall not contain any false information, statements, or representations. 

9.2 Availability. Once a Trip is booked, you must make the Vehicle available or deliver the Vehicle as agreed with the Renter to the Designated Location.

9.3 Qualification. In order to qualify for claims under the applicable Preferred Insurance Coverage, you shall verify that the Renter has a valid and current driver’s license (Malaysian or International) before you provide the Renter your Vehicle.

9.4 Charges 

(a) Access Fees. You will have the ability to set and revise the Vehicle’s Access Fees & pricing in accordance to a range set by Trevo, which shall be set based on the insured value of the Vehicle. 

(b) Designated Bank Account. Trevo will pay you the Access Fees collected from Renters in accordance to paragraph 7 minus Trevo’s Marketplace fees to the Hosts’ designated bank account. Pay-out of the Access Fee will only be processed after your Vehicle is used and key returned to you. You will be paid on every 1st and 15th of the month if both days fall on the next business day. After that transfer can take 1-3 working days to reach your bank account.

(c) Deduction. To the extent you owe Trevo money for the Charges listed in Paragraph 7 or any other reasons, Trevo reserves the right to deduct those amounts from our payment to you.

(d) Taxation

(i) Earning made by you through the Trevo may be taxable. 

(ii) We are unable to provide tax advice or assistance, and you shall be solely responsible for all your obligations under the taxation authorities. 

9.5 Maintenance

(a) You shall ensure that your Vehicle is in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements at all times. 

(b) You shall ensure that your Vehicle shall not be subject to any safety recalls or notices, and if yes you shall not list the Vehicle unless you have responded to the safety recalls or notices and the subject matter of the safety recall or notice has been remedied. 

9.6 Damage

(a) Physical Damage. 

(i) It shall be optional for the Hosts to opt for Preferred Insurance Coverage from our Preferred Insurer. 

(ii) In the event of a loss or damage for which you are entitled to make claims under the Preferred Insurance Coverage, and such claims are approved by the Preferred Insurer, the Preferred Insurer shall, at their option, pay you: 

(A) the reasonable or actual expenses incurred in repairing the Vehicle; or 

(B) the fair market value of your Vehicle, or the sum insured in the Policy whichever is the lower figure.

in the Preferred Insurer’s sole discretion. 

(iii) If our Preferred Insurer chooses to pay you the fair market value for your Vehicle, you will be required to transfer the title of the Vehicle to Trevo. The standard for the Vehicle’s fair market value will be as determined by the Preferred Insurer and in compliance with applicable laws and industry standards.

(b) Damage Exclusions

(i) Our Preferred Insurer is not responsible for any personal property, including any aftermarket installations and modifications that are taken from your Vehicle or damaged during a Trip. We recommend that you remove all personal property before making the Vehicle available for Bookings and Trips. 

(ii) In addition, minor cosmetic damages on the Vehicle should be expected as normal wear and tear on your Vehicle. 

(iii) You will not be reimbursed for normal wear and tear arising from ordinary use to your Vehicle. 

(iv) Any Preferred Insurance Coverage provided by our Preferred Insurer may be voided if you: 

(A) violate the Terms;

(B) violate the terms of the Preferred Insurance Coverage; 

(C) fail to verify that the Renter has a valid and current driver’s license (Malaysian or International) before you provide the Renter your Vehicle; and/or

(D) and/or submit inaccurate information about your Vehicle when listing it for sharing on the Services.

9.7 Reimbursement

(a) Hosts  may use the Reporting Issues Function available on the Owner’s Account Dashboard, to seek reimbursements for incidentals and/or damages to the Vehicle caused by Renters during a Trip. 

(b) The Reporting Issues Function may be used for:

(i) Cost of petrol;

(ii) Excess mileage; 

(iii) Cleaning and odours in Vehicle; and

(iv) Fines and penalties

(c) Trevo shall penalise Hosts for any misuse and abuse of Reporting Issues Function as set out in Annex 1-A.

9.8 Custodian Service. 

(a) Hosts may opt for an optional Custodian Service provided by Trevo, which does the following on behalf of Hosts:

(i) Key Handling. Handling of the keys to the Vehicle;

(ii) Car Deliver. Delivery of the Vehicle to a pre-determined location as agreed between the Host and the Renter to hand over the Vehicle;

(iii) Inspection

Pre-Trip – Inspecting and recording the condition of the Vehicle prior to handing over the Vehicle to Renters; and

Post-Trip – Inspecting and recording the condition of the Vehicle when Vehicle is returned by Renters;

(iv) Additional Customer Service. Communicating with Renters on behalf of Hosts, handling of inquiries etc. 

(b) Custodian Services will be provided free-of-charge for Hosts who opt for the Preferred Insurance Coverage. 

9.9 Extras

(a) GPS 

(i) Use. Hosts may opt for a sophisticated GPS to be installed in the Vehicle by Trevo, subject to payment of a refundable deposit of MYR450 to Trevo.  

(ii) Ownership. The right, title, and interest in and to the GPS shall be retained by Trevo. 

(iii) Restrictions. You shall not sell, give away, transfer, pledge, alter, or tamper with the GPS. 

(iv) Loss or Damage. You are responsible for the loss of or damage of the GPS. 

9.10 Hosts’ Discretion. Except for Instant Booking Vehicles, it shall be the Hosts’ sole discretion to accept or reject a Booking.

9.11 Anti-Discrimination Hosts shall not:
                       (a) set Renter eligibility criteria that makes reference to;
                       (b) impose any different terms and conditions on Renters based on;
                       (c) decline or cancel Bookings or Trips based on; 
                       (d) make any listings containing discriminatory preference based on;
                        [race, ethnicity, age, country of origin, religion, gender, familial status, sexual orientation], or engage in any other forms of discriminatory conduct.

10. Cancellations

10.1 Renter Cancellation 

(a) You may cancel your Booking through the mobile application. 

(b) Drivers can cancel the Booking without incurring Charges if the Trip is cancelled more than 24 hours before the commencement of the Trip. 

(c) If Renters cancel within 24 hours before the commencement of the Trip, or fail to collect the Vehicle, Renters shall be subject to cancellation Charges as set out in Annex 1-A. 

10.2 Host Cancellation

(a) If Hosts intend to cancel a Trip, the Hosts must notify the Renters as soon as possible. 

(b) If the Hosts cancels the Trip, Renters will receive full refunds.

(c) Hosts will be subject to a cancellation Charges if they cancel a Trip less than 48 hours before the commencement of the Trip or if they fail to deliver the Vehicle to the Renters, as set out in paragraph 7.  

(d)Hosts who repeatedly cancel Trips may be subject to additional penalties, including:

(i) de-listing Hosts’ Vehicles on Trevo;

(ii) suspension of Account; and

(iii) termination of Account.  

10.3 Trevo Cancellation

(a) Trevo may cancel any Trip in our sole discretion, for any reasons. 

(b) In the event a Trip is cancelled by Trevo, the Renters will receive a full refund, and the Hosts will not be charged. 

(c) Trevo shall not be liable to the Renters or the Hosts except as set out in paragraph 10.3(b). 

 

11. Late Return

11.1 Late Return Charges. Renters shall return the Vehicles on time, in accordance with the Trip. Renters who fail to return the Vehicles in a timely manner will be charged in accordance with Annex 1-A.

11.2 Extension 

(a) Renters may request for an extension of the Trip, subject to acceptance of the Host and payment of relevant Charges. 

(b) However, if an extension cannot be booked, the Renters shall return the Vehicle on agreed time in the Booking. 

11.3 Hosts. Hosts shall endeavour, but is not obligated, to accommodate requests by Renters for extensions. 

 

12. Insurance for Hosts

12.1 Trevo is not an insurance provider or agency. You understand that Trevo is not an insurance provider or agency and does not provide insurance to Guests or Hosts. The option of Preferred Insurance Coverage through the Services is provided by our Preferred Insurer.

12.2 Optional. It shall be optional for Hosts to opt for Preferred Insurance Coverage. 

12.3 Preferred Insurance Coverage, termed as “Trevo Shield” in the Trevo mobile application

(a) Comprehensive coverage. Hosts who opt for Preferred Insurance Coverage will be contractually protected against physical damages (collision and other comprehensive causes), fire and theft, up to the insured value of the Vehicle. 

(b) Minimum Requirement. Hosts who have opted for Preferred Insurance Coverage are subject to minimum Vehicle availability requirements as depicted in paragraph 6.2.

(c) Request for information. Hosts shall provide Trevo with information regarding the Hosts’ existing own insurance coverage.

(d) Replacement of Existing Insurance. The Preferred Insurance Coverage will terminate and replace the Hosts’ existing insurance coverage on the Vehicle upon activation of the Preferred Insurance Coverage. 

(e) Insured value. The insured value of the Vehicle shall be as determined by our Preferred Insurer. 

(f) Cost. The premiums of the Preferred Insurance Coverage shall be shared and apportioned between the Hosts and Trevo:

(i) Hosts shall pay for the equivalent amount of premiums charged under the existing insurance coverage Comprehensive policy, net of No Claim Bonus (if applicable); and

(ii) Trevo shall pay the amount exceeding the Hosts’ existing insurance coverage. 

(g) Trevo obligations. Trevo shall be responsible for handling the insurance claims process on behalf of Hosts, with reasonable assistance provided by the Hosts and subject to the Hosts compliance of the Terms and the terms and conditions of the Preferred Insurance Coverage. 

(h) Major Damages & Incidentals. For post-Trip major damages and incidentals, Trevo will assist/work closely with the Preferred Insurer’s panel inspectors and police to carry out the necessary investigations.

(i) Termination of Preferred Insurance Coverage. The Preferred Insurance Coverage may be terminated with 10 business days written notice to Trevo. Any unutilised insurance premiums paid by Hosts will be utilised to purchase a non-Preferred Insurance Coverage issued by the Preferred Insurer, owing to the fact that Motor Insurance is mandatory for all vehicles using Malaysian public roads under the Road Transport Act 1987.

(j) Termination of Account. If the Hosts’ Account is terminated for whatever reason, the Preferred Insurance Coverage will be terminated. Any unutilised insurance premiums paid by Hosts will be refunded on a pro-rated basis within 30 business days from termination.

12.4 If Hosts do not purchase Preferred Insurance Coverage:

(a) If Hosts do not opt for Preferred Insurance Coverage , the Hosts shall maintain an insurance policy and meet any minimum insurance levels required by law on the Vehicle to list the Vehicle on the Services. Hosts shall also maintain the registration information and proof of insurance in the Vehicle during every Trip. 

(b) We will endeavour, but not guarantee, to provide reasonable assistance to Hosts in self-managed claims to the Hosts’ own insurance coverage. 

(c) We make no guarantee that your claim to your own insurance coverage will be successful. 

12.5 Minor Damages. We may directly reimburse Hosts for damages:

(a) caused by the Guests during a Trip; 

(b) for which repairs cost less than MYR6,000 OR cost less than 2.5% of the insured car value, whichever is the highest; and

(c) in the sole opinion of Trevo, does not constitute normal wear and tear on the Vehicle.  

12.6 Commercial Hosts. 

(a) Preferred Insurance Coverage shall not be made available to Commercial Hosts. 

(b) It shall be mandatory for Commercial Hosts to maintain comprehensive insurance coverage for the Commercial Hosts’ Vehicles.  

(c) We may, but are not obligated to, provide reasonable assistance to Commercial Hosts for self-managed claims to the Commercial Hosts’ own insurance coverage. 

12.7 Inconsistency. If there are any inconsistencies between the description of Insurance Coverage in the Terms and the insurance policy as provided by our Preferred Insurer, the Preferred Insurer’s insurance policy shall prevail. 

 

13. Protection for Guests

13.1 Basic Plan

(a) Excess. By default, Guests will be offered basic protection from Trevo with the features below:

(i) If you are responsible for an incident, the maximum you will be required to pay is the amount of standard excess (details are depicted in Annex 1-E).

13.2 Super Collision Damage Waiver (“SCDW”)

(a) Guests will have the option of subscribing to the SCDW from Trevo during the payment of for a Trip for an additional fees. This option is only available on Vehicles that are under Preferred Insurance Coverage (labelled as “Trevo Shield” in Trevo mobile application). 

(b) The SCDW will have the features below: 

(i) Excess – Reduced excess option where if you are responsible for an incident, the maximum you will be required to pay is the amount of “reduce excess” (details are depicted in Annex 1-E);

(ii) Third Party Liability Protection – The Preferred Insurance Coverage will indemnify the Guests for the amount which the Guests or the Guests’ Authorised Driver(s) are legally liable to pay for accident caused by or arising out of the use of the Vehicle. The SCDW provides up to RM3 million in liability protection;

(iii) Coverage for Accessories – Coverage for windows, mirrors, chassis, tyres and other accessories; and

(iv) Towing – In the case of accidents, offer of towing charges up to maximum of RM200 for taking the Vehicle to the nearest panel repairer. 

 

 

14. Exclusivity and Payment through the Services

14.1 Exclusivity

(a) Hosts that have opted for the Preferred Insurance Coverage shall list the Vehicles exclusively on the Platform. As such: 

(i) Hosts  shall not list a Vehicle on other peer-to-peer car-sharing platforms unless the Hosts are or represent Commercial Hosts and Hosts that opts for own Insurance Coverage; and

(ii) Guests shall not entertain any requests to obtain the Vehicle except through the Services. 

(b) If you list your Vehicle on other peer-to-peer car-sharing platforms, we reserve the right to:

(i) send you a written warning; 

(ii) suspend your Account pending compliance with our requests; 

(iii) remove your listing; 

(iv) terminate your Account;

(v) charge a fine; 

(vi) forfeit any refunds, earnings, and payments due to you; and

(vii) other actions that are legally available to us. 

14.2 Payment through the Services only 

(a) All payments and transactions in respect of the Services shall be made strictly through the Services, and any requests to make or receive payment otherwise than through the Services shall not be entertained.  

(b) If you breach the above, we reserve the right to:

(i) send you a written warning; 

(ii) suspend your Account pending compliance with our requests; 

(iii) remove your listing; 

(iv) terminate your Account;

(v) charge a fine; and

(vi) other actions that are legally available to us

(vii) deny for any reimbursement and claims.

 

 

15. Review

15.1 Trevo allows Hosts and Guests to leave reviews of their experience with a Vehicle, or their experience with Hosts or Guests. Hosts and Guests may leave a review at the end of a Trip. 

15.2 Reviews shall be courteous and fair, and shall:

(a) not contain vulgar language or profanity; 

(b) not contain personal data; 

(c) be true the fullest extent of the User’s knowledge; 

(d) be not objectionable in the sole discretion of Trevo; and

(e) not be marketing material.  

15.3 We may remove any reviews that do not comply with paragraph 15.2. 

 

 

16. Intellectual Property

16.1 Trevo Intellectual Property

We are the owner (or the authorised licensee, where third party services or applications are used) of all Intellectual Property in the Services, including the images of Vehicles in respect of paragraph 16.2.

We grant Users a non-exclusive, non-transferable, revocable license to access and use the Services. This license is revocable upon breach of the Terms by Users. 

For the purposes of this clause 16.1, “Intellectual Property” Includes copyright and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, logos, layouts, source codes, work flows and features, data and databases, confidential information, know how, trade secrets and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

16.2 Trevo Photography

Hosts may opt to have Trevo’s appointed photographers to take photographs of the Vehicle, which Trevo grants to Hosts a revocable, non-exclusive, non-transferable license to use in the listing of the Vehicle. 

Hosts warrant and represent that the images will only be used so far as the images are still accurate representations of the Vehicle in the listing. 

You understand that if Trevo uses the term “Verified Images” the term is intended only to indicate a photographic representation of the Vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by Trevo of any User or any Vehicle.

16.3 Content License. Subject to your compliance with the provisions of the Terms, Trevo grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Trevo and/or User-Generated Content to which you are permitted access, solely for your personal and non-commercial purposes. You shall not sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Trevo or its licensors, except for the licenses and rights expressly granted in these Terms.

16.4 User Content. We may, in our sole discretion, allow you to upload User-Generated Content. By making available any content on or through the Services, you grant Trevo a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, by means of, or to promote or market the Platform or the Services. Trevo does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

16.5 Access to Content. Trevo is not obligated to, but reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content and/or User-Generated Content that Trevo, at its sole discretion, considers to be objectionable for any reason, in violation of the Terms, or otherwise harmful to the Services or our community.

 

 

17. Third-Party Service Features

17.1 Third-Party Service Features. The Services may interoperate with and/or utilise third-party services features. Any third-party code or feature that is available in the Services may be covered by an open source or third-party end user license agreement authorising use of such code, for which you agree to observe the terms and agreements set by such third parties. 

17.2 Cease of provision. If a third-party feature provider ceases to provide that feature, we may opt for another third-party to provide similar features. However, if we, after taking reasonable measures to do so, are unable to find an alternative third-party provider, or if it is not commercially or technically feasible to engage an alternative third-party provider, we reserve the right to no longer make available the affected feature without liability to us.

 

18. Services in Malaysia only

18.1 Unfortunately, we are unable to perform the Services at outside of Malaysia at the moment.

 

 

19. Termination

19.1 Termination for Convenience. You may discontinue your use of the Services at any time or remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release you from any obligations you incurred prior to the termination and Trevo may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Terms will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Terms and/or any Charges due, and all of those terms will survive any termination of the Terms. 

19.2 Mandatory Termination. We reserve the right to terminate or suspend your Services without notice or cause, in our sole discretion, for any reasons including, but not limited to:

(a) your conduct being detrimental to the business interests of us;

(b) your breach of any applicable laws or regulations; 

(c) your breach of any third-party rights; and

(d) your contravention of paragraph 9.11 or your breach of any provision(s) in the Terms.

 

 

20. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS PARAGRAPH.

20.1 Liability. We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Terms for:

(a) loss of profits;

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) any indirect or consequential loss.

20.2 No guarantee for Vehicles. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any Vehicles. It is the responsibility of Hosts to confirm that the Vehicle complies with the Vehicle Eligibility Requirements.

20.3 Indemnity. To the fullest extent permitted under the laws of Malaysia, you agree to release, defend, indemnify, and hold Trevo and its related companies, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising directly or indirectly from: 

(a) your breach of the Terms; 

(b) your User-Generated content; 

(c) your interaction with other Users; 

(d) your Bookings or listings; and 

(e) your use of the Vehicles.

20.4 Disclaimer. Trevo provides peer-to-peer car-sharing platform. Trevo does not itself provide Vehicle sharing or Vehicle rental services and/or insurance services and is not responsible for any of the acts or omissions of any of the Users of the Platform, the manufacturer of the Vehicle, the Hosts of the Vehicle, or any third-party service providers (e.g. in-vehicle GPS or other systems). The Services are provided “as is”, without warranty of any kind, either express or implied. To the fully extent permitted by law, Trevo explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Trevo makes no warranty regarding the quality of any listings, Vehicles, Hosts, Drivers, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Trevo or its service providers or through the Services or content, will create any warranty not expressly made herein.

20.5 Survival. This paragraph 20 will survive termination of the Contract.

 

 

21. Confidentiality 

21.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by paragraph 21.2.

21.2 We each may disclose the other's confidential information:

(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Terms. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this paragraph 21; and

(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

21.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Terms.

 

 

22. Communications between us

22.1 When we refer to "in writing" in these Terms, this includes email.

22.2 Any notice or other communication given by one of us to the other under or in connection with the Terms must be in writing and be delivered personally, sent by pre-paid post or other next working day delivery service, or email.

22.3 A notice or other communication is deemed to have been received: 

(a) if delivered personally, on signature of a delivery receipt; 

(b) if sent by pre-paid post or other next working day delivery service, at 9.00 am on the second business day after posting; or

(c) if sent by email, at 9.00 am the next working day after transmission.

22.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. 

22.5 The provisions of this paragraph will not apply to the service of any proceedings or other documents in any legal action.

 

 

23. Devices and the Mobile Application

23.1 For the purposes of this paragraph, a “Device” is the mobile phone, tablet, or personal computer on which the Trevo mobile application is downloaded and used. 

23.2 You shall be responsible and liable for the use of the Trevo mobile application on any Device, whether or not the Device is owned by you. 

23.3 We do not warrant that the mobile application will be compatible with your Device. 

23.4 To access the full functionality of the mobile application and the Services, you may be requested to grant certain permissions to the mobile application (e.g. access to the Device location or gallery). 

23.5 We suggest that you “white-list” the mobile application to allow the mobile application to operate in its full capacity. 

23.6 We grant you a non-exclusive, non-transferable, revocable license to access, download, and use a copy of the mobile application. Trevo and our third-party licensors or vendors retain all right, title, and interest in and to the mobile application and any copy of the same. 

23.7 The Services require a stable connection to the internet and availability of mobile data or Wi-Fi to be fully functional. We are not responsible for any reduced or non-accessibility to the Services resulting from poor internet connection or lack of mobile data on the Device. 

23.8 We may release new versions and updates to the mobile application from time to time. You consent to such automatic updating of the mobile application on the Device, and that Trevo will not be liable for any loss of data, delays, or downtime due to such updates. 

23.9 If automatic updating of the mobile application does not work, you shall be responsible for updating the mobile application manually to the latest versions. 

23.10 Depending on the update, the Services may not be accessed until the latest version of the mobile application is downloaded or updated and any new terms are accepted. 

23.11 Nothing in the Terms shall give you or any other person any right to access or use the source code or constitute any license of the source code.

 

 

24. General

24.1 No Agency. Trevo does not appoint you or any other User as its employee, mandatory and legal agent, or form any kind of legal partnership or joint venture. You are not authorised to make any commitments on behalf of Trevo except as contemplated under the Services or as expressly stated in the Terms.

24.2 Assignment and transfer.

(a) We may assign or transfer our rights and obligations under the Terms to another entity.

(b) You may only assign or transfer your rights or your obligations under the Terms to another person or entity if we agree in writing. 

24.3 Waiver. If we do not insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

24.4 Severance. Each paragraph of the Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

24.5 Governing law and jurisdiction. The Terms are governed by the laws of Malaysia and we each irrevocably agree to submit all disputes arising out of or in connection with the Terms to the exclusive jurisdiction of the courts of Malaysia.

ANNEX 1 

A. GUEST and HOST CHARGES

Guest Charges

 

Charges

Rates

Charged During

1

Access Fee

In accordance to listings made by Hosts. 

When Booking is accepted, or, in the case of Instant Booking Vehicles, when Vehicles are Booked. 

2

Additional mileage 

The maximum mileage allowed on usage is 200km per day, calculated on an accumulated basis. RM0.50 per km is chargeable for excess usage

End of Trip 

3

Cleaning and/or smoking violations 

For strong or unpleasant odours – RM30

For stains – RM100 

End of Trip

4

Petrol Replacement

Petrol is not included in Access Fee. Full cost of replacing fuel 

Within 48 hours from the end of Trip

5

Guest Cancellation

Cancellation within 24 hours from agreed time of beginning of Trip – up to 1 day’s Access fees for access of Vehicle. 

On point of cancellation. 

6

Guest No-Show 

Up to 1 day’s Charges for Access fees of the Vehicle.

Beginning of Trip

7

Improper Return

MYR100 – MYR1,000, depending on circumstances 

End of Trip

8

Late return of Vehicle 

Less than 1 hour of agreed time of return -- 5% of total fare

 

1 hour - 1.5hours of daily booking

1-5 hours - 6hours of daily booking

More than 5 hours - 36 hours of daily booking

End of Trip

9

Summons and fines 

Full cost/amount of summons and fines, including any applicable governmental charges. 

End of Trip

10

Tolls 

Full cost/amount of toll, including any applicable governmental charges. 

End of Trip

 

Host Charges

 

Charges to Hosts

Rates

1

Failure to report a Rental No-Show

Removal of Trip reimbursements

2

Host Cancellations

  • More than 48 hours - 2 days before start of Trip – 50% of 1 day’s Access fees

  • Less than 48 hours before start of Trip – 1 day’s Access fees

3

Host No-Show

1 Day’s Access fees

4

Misrepresentations (falsified or altered documentation regarding the Host, prior damage claims, invalid reimbursements etc)

Minimum of MYR100 and repayment to Trevo 

5

Misreporting Late Guests 

MYR50

6

Vehicle Misrepresentation (falsified documents regarding the Vehicle, untrue advertisements of features and functionality, invalid/expired registration or license plate information, Vehicle in various states of disrepair etc)

Minimum of MYR100 and repayment to Trevo

7

Violation of Cleaning Policy (providing Vehicle that is unclean, dirty, or has unpleasant odour)

For lack of cleanliness – up to MYR100

Unpleasant odours – MYR30

8

Lack of Maintenance 

RM100 per violation

9

Violation of Reimbursement Tool & Claims Resolutions

MYR200 per violation

10

Abuse of Reporting Issues Function 

MYR100

B. HOST PROTECTION PLANS AND HOST’S EARNING

 

Preferred Insurance Coverage

Own Insurance

3rd Party Liability Insurance

Provides up to RM3 million in liability

Depends on Host’s own Insurance coverage

Own Damage- Total Loss, Fire or Theft

The market value of Host’s Vehicle at the time of the loss or the sum insured in the Policy, whichever is the lower figure

Depends on Host’s own Insurance Coverage Plan 

Necessary Repair Cost

Pay the costs of repair to Host’s Vehicle

Depends on Host’s own Insurance Coverage Plan 

Transportation of Damaged Vehicle

Pay the costs to a maximum of RM200 as Towing charges to the nearest panel workshop

Depends on Host’s own Insurance Coverage Plan 

Host’s earning

60% of Access Fee

75% of Access Fee

C. PRE-AUTHORISATION AMOUNT

The Pre-Authorisation flat amount is RM100 per booking.

D. VEHICLE AVAILABILITY

Hosts who have opted for Preferred Insurance Coverage shall make the Vehicles available for access by Renters for a required minimum of 21 days per month.

E. EXCESS

The amount of excesses are:

  • Basic plan – the limit to how much the Guest will have to pay (depends on the Insured value of the Vehicle), and in the case of incident ranges from RM2,500 to RM6,000. 

- Shall the insured value of the Vehicle is less than RM100,000, the minimum excess amount is RM2,500

- Shall the insured value of the Vehicle is higher than RM240,000, the maximum excess amount is RM6,000.

  • SCDW - 10% of the Excess charges of Basic plan.