Terms of service

PART A – GENERAL TERMS

1. ABOUT US

1.1 Company details. Future Mobility Solutions Sdn Bhd (Company No.: 201901010667 (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 connects individual owners and fleet owners of vehicles with individuals who intend to use and access the vehicles, called Trevo (the “Platform”). In addition, Trevo is also an insurance agency registered with the General Insurance Association of Malaysia (PIAM) where Trevo promotes for sale the insurance products and services of our licensed Insurance partners on the Trevo platform. The Platform can be accessed through our website Trevo.my, or the Trevo mobile application, available through the Google Play Store, the Apple App Store, or any other mobile application store

1.3 Services. The Platform, the website, and the mobile application, and the content, functionality, accessory and complementary services made available to Users (as defined below) 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 live chat through the Trevo mobile application or e-mail help@trevo.my. The process for providing formal notice to us of any matter under the Terms is set out in paragraph 18.

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 (as defined below), 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 access, provision and use of the Services.

2.2 Agreement. By accessing or using the Services, you signify that you have read, understood and 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. If you do not agree to any of the Terms, you should not continue using the Platform.  

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 from Trevo that is not explicitly 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, and so you should review this page periodically. If there are any material changes we will notify you of such material 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 any such changes shall be deemed as your consent to be bound by the amended Terms and the modified Services. If you do not agree to any of the amended Terms and the modified Services, you should not use or access (or continue to use or access) the 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 (as defined below). 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: 

5. ELIGIBILITY CRITERIA

5.1 Vehicle Eligibility Requirements

(a) A Vehicle can only be listed on the Platform 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) in the case of:

(A) a Vehicle that is deemed a “classic car”, the Vehicle can be listed with the necessary certifications and with prior inspection carried out to the satisfaction of Trevo; and

(B) all other Vehicles, no more than 10 years old (from first date of registration); and

(vi) is insured in accordance with the minimum insurance levels required by law and where Preferred Insurance Coverage is chosen by the Organic Hosts, is insurable, to be determined at the sole discretion of our Preferred Insurer,

(collectively, the “Vehicle Eligibility Requirement”)

5.4 Trevo’s Discretion. The authorisation of or the approval of Vehicles to be listed on the Platform, are made at the sole and absolute discretion of Trevo. The eligibility criteria in this paragraph 5 may be changed by us at any time for any reason at our sole discretion. Trevo does not guarantee, and does not make any warranties or representations, and does not endorse the safety or roadworthiness of the Vehicles, or the ability of any Guest to operate the Vehicles safely and competently. Please refer to paragraph 16 for further information on our excluded liability. 

5.5 Complete and Updated Information. When applying for and creating an Account, you must provide accurate and complete information and keep such information updated and accurate. You agree 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 all activity that occurs on your Account and you must keep the login details of your Account secure, and prevent 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) You are not allowed to share your Account with anyone else. In the event you share your Account with any other individual(s), you shall be held liable for any losses including theft or damage to the Vehicle caused by those individuals.

(d) 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. Trevo shall not be responsible or liable for any losses caused by any authorised use of your Account.

6. OBLIGATIONS OF ALL USERS

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 any User-Generated Content that solicits personal information for unlawful or unauthorised purposes;  

(c) transmit or distribute a virus, trojan, worm, logic bomb, keystroke logger or spyware, or any other material which is malicious, harmful, in breach of confidence, in breach of personal data protection laws in any jurisdiction, or in any way which is 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 any part of the Services to any unauthorised third-party 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 in any manner whatsoever;

(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 sole 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, conducting fraud, or hiding or attempting to hide your identity;

(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 Guests; 

(u) use the Services in breach of to find a Vehicle or Guest, 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) deceptively or fraudulently making false or artificial Bookings or Trips, including where no actual usage of the Vehicle was made by the Guest during the purported period of the Trip, whether to capitalise on any Trevo promotions or otherwise; and

(w) do or omit to do anything with the intention to sidestep, evade or circumvent any of Trevo’s intended feature or function of the Services.

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 paragraphs 6, 22 and 25 of this Terms of Service (“Your Default”):

(a) we may suspend performance of the Services (including to withhold or suspend any payments required to be made by us to you), 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, expenses 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.

7.2 Earning. Hosts will receive the Access Fees for completed and Trevo-verified Trips from the Guest minus deductions for Marketplace Fees, details of which are set out in Annex 1-B in accordance with whether the Preferred Insurance Coverage is utilised.   

7.3 Pre-Authorisation

(a) When a Guest’s Booking is accepted, the Guest’s credit or debit card will be charged for the Access Fees and a flat amount as set out in Annex 1-C will be pre-authorised (“Pre-Authorisation Amount”). The Pre-Authorisation Amount shall be deducted and/or forfeited to reimburse the Host in the event of contingencies such as damages, fines, penalties, and other unexpected costs incurred by the Host as a result of the Trip. Guests who intend to pay with a Debit Card must ensure that 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 Guest’s credit or debit card within 24 hours before the commencement of the Trip. 

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

(d) If there are no fines, penalties, and other unexpected costs incurred by the Host as a result of the Trip, as set out in paragraph 7.3(a), the Pre-Authorisation Amount will be refunded to the Guest within 16 Business Days (or such longer period, subject to the applicable transaction authorisation time required by the relevant financial institution) after the Guests returns the Vehicle in the condition that the was received by the Guest. 

(e) The Pre-Authorisation Amount will also be refunded if the booking is cancelled by the Guest 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 and agree 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 to be determined by Trevo. 

7.6 Communications. You agree that all communication in relation to late payments, missed payments, defaults, or delinquencies in respect of your Account 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 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 be amended, modified or changed by Trevo from time to time, but changes will not affect any Bookings or Trips you have already placed.

7.9 Tax.

(a) Service Tax or any other applicable government tax (“Applicable Tax”) shall be payable on the Marketplace Fees and Trevo has the right to deduct the Applicable Tax prior to paying the balance amount to the Host.

(b) Where applicable. all other Charges shall be exclusive of Applicable Tax. Where Applicable Tax is payable in respect of some or all the Services you must pay us such additional amounts in respect of the Applicable Tax, at the applicable rate, at the same time you pay the Charges.

8. CANCELLATIONS

8.1 Guest Cancellation

(a) A Guest may cancel its Booking or Trip through the mobile application.

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

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

8.2 Host Cancellation

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

(b) If the Hosts cancel the Trip, Guests will receive full refunds.

(c) Organic Hosts will be subject to 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 Guests, as set out in paragraph 7.

(d) Commercial Hosts will be subject to cancellation Charges in accordance with the Commercial Host Agreement.

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

(i) de-listing of the Host’s Vehicle(s) on Trevo;

(ii) suspension of the Host’s Account; and

(iii) termination of the Host’s Account.

8.3 Trevo Cancellation

(a) Trevo may cancel any Trip at our sole discretion, for any reason.

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

(c) Trevo shall not be liable to the Guests or the Hosts except as set out in paragraph 8.3(b).

9. LATE RETURN

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

9.2 Late Return Report. In the event of a late return of the Vehicle, Hosts shall make a report to Trevo of such late return within 2 hours from the time of the Trip was scheduled to complete.

9.3 Extension 

(a) Guests 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 Guests shall return the Vehicle at the agreed time in the Booking.

9.4 Hosts. Hosts shall endeavour, but is not obligated, to accommodate requests by Guests for extensions.

10. EXCLUSIVITY AND PAYMENT THROUGH THE SERVICES

10.1 Exclusivity 

(a) Organic Hosts that have opted for the Preferred Insurance Coverage shall only list the Vehicles exclusively on the Platform, and as such: 

(i) such Hosts shall not list a Vehicle on other peer-to-peer car-sharing platforms unless the Hosts; and

(ii) Guests shall not entertain any requests to obtain the Vehicle provided by such Hosts except through the Platform

The exclusivity requirement above shall not apply to Organic Hosts who have not opted for the Preferred Insurance Coverage and to Commercial Hosts.

(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 Vehicle 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.

10.2 Payment through the Platform only

(a) All payments and transactions in respect of the Services shall be made strictly through the Platform, and any requests to make or receive payment otherwise than through the Platform 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 Vehicle listing; 

(iv) terminate your Account;

(v) charge a fine;

(vi) other actions that are legally available to us; and

(vii) deny for any reimbursement and claims.

11. REVIEW

11.1 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.

11.2 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.

11.3 We may remove any reviews that in our sole opinion do not comply with paragraph 11.2. 

12. INTELLECTUAL PROPERTY

12.1 Trevo Intellectual Property

(a) We are the owner (or the authorised licensee, where third party services or applications are used) of all Intellectual Property (as defined below) in the Services, including the images of Vehicles in respect of paragraph 12.2.

(b) 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. 

(c) For the purposes of this clause 12, “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.

12.2 Trevo Photography

(a) 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. 

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

(c) 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.

12.3 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 sub-license the license rights granted in this paragraph 12.3. 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.

12.4 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.

12.5 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.

13. THIRD-PARTY SERVICE FEATURES AND MARKETING AND PROMOTIONAL CAMPAIGNS

13.1 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. 

13.2 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.

13.3 Marketing and Promotional Campaigns. From time to time, Trevo may run marketing and promotional campaigns which offer voucher codes, discounts, rebates or other promotional offers to Users (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platform. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. Trevo reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the Vouchers, promotions and subscriptions at any time without any prior notice. Trevo reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of the Terms.

13.4 In addition to our website, from time to time we may post messages, special deals, pictures, news, stories, or other information on social media platforms which we maintain an account, such as Facebook®, Twitter®, Instagram® and LinkedIn® (“Social Media Platforms”). We are not responsible for the privacy or security policies or practices of the Social Media Platforms and any of the third party websites that the our website and/or the Social Media Platforms may link to. Users should review the privacy and security practices of all such Social Media Platforms and third party websites. 

13.5 Users hereby acknowledge and agree that if they tag us in any posts posted by them on any social media platforms managed by themselves, such as pictures, information, opinions, complaints, or any personal information (“Material”), such posts will become public. This means that anyone can see the Material. By tagging us on these social media platforms, Users automatically and irrevocably grant and assign to us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the Material, including the User’s consent to allow us to reproduce, publish and/or share the Material. 

13.6 Users shall be solely responsible for the Material and consequences of submitting and publishing the Material.

13.7 Users agree not to submit Material that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, dangerous, threatening, misleading, contain nudity or sexual content, contain personal data, or posts that be construed as constituting harassment and cyber bullying or that could endanger a person, or posts that Trevo, in its sole and absolute discretion, deems is not suitable for publishing on the Social Media Platforms.

13.8 We reserve the right to remove, delete, and/or hide any Material submitted by Users on the Social Media Platforms at our sole discretion.

14. SERVICES IN MALAYSIA ONLY

14.1 The Services are only made available in Malaysia.

15. TERMINATION

15.1 Termination for Convenience. You may discontinue your use of the Services at any time or remove any Vehicle 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 any photography and any User-Generated Content 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. 

15.2 Mandatory Termination. We reserve the right to terminate or suspend your Account or the use of the Services by you without prior notice or cause, in our sole discretion, or for any reasons including, but not limited to:

(a) your conduct being detrimental to our business interests;

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

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

(d) your breach of any provision(s) in the Terms; and

(e) such other basis as we may deem fit. 

15.3 Consequence of Termination. In the event of a termination under paragraphs 15.1 or 15.2, the Users shall remain liable for any Charges which are payable in accordance with paragraph 7 prior to termination and if any amount is required to be paid by Trevo to you, we reserve the right to set-off any amount owing to us before paying any balance to you thereafter and you agree to forfeit any amounts which is required to be paid by Trevo to you.

16. LIMITATION OF LIABILITY

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS PARAGRAPH

16.1 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.

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

16.3 No guarantee on Insurance Claims. We do not guarantee that any claims on insurance by the Hosts (whether from the Preferred Insurance Coverage or the Hosts’ own insurance coverage) arising from any loss or damage from a Trip will be successful. 

16.4 Indemnity. To the fullest extent permitted under the laws of Malaysia, you agree to release, defend, indemnify, and hold Trevo and its Affiliates, 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, Trips or Vehicle listings; and 

(e) your use of the Vehicles or the use of Vehicles by the Guests.

16.5 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 full extent permitted by law, Trevo and all its Affiliates explicitly disclaims and excludes any and all 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 and its Affiliates 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 Platform. 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. Trevo and its Affiliates shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses that result from the use of, or inability to use the Services. Under no circumstances will Trevo and its Affiliates be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorised access or use of the Service or your Account or any information contained therein. Without limiting the generality of the foregoing, to the maximum extent permitted by law, Trevo and its Affiliates assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, loss of life or property damage of any nature whatsoever resulting from your access to or use of our Service and/or arising from a Trip; (iii) any unauthorised access to or use of our servers, and/or any and all personal information stored therein; (iv) any interruption or cessation or transmission to or from the service (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third parties (vi) any errors or omissions in any content or for any loss or damage incurred as a result of any User-Generated Content (vii) any damage, theft, total loss of the Vehicles and/or (viii) any User-Generated Content or the defamatory, offensive, objectionable or illegal conduct of any third party. 

16.6 Exclusion of Liability for Bookings and Trips made outside the Platform. Trevo and its Affiliates assume no liability or responsibility whatsoever for any Bookings or Trips which are made between Guests and Users outside of the Platform or where such Bookings or Trips are made on the Platform but subsequently extended outside of the Platform.  

16.7 Maximum Claim amount. In no event shall Trevo and its Affiliates be liable to you for any claims. Proceedings, liabilities, obligations, damages, losses or costs in any amount exceeding the higher of either (a) the aggregate amount paid by Trevo and its Affiliates to you in the preceding twelve-month period (if any) prior to the event giving rise to a claim or (b) RM6,000. 

16.8 Time limit on Claims. You agree that any cause of action arising out of, or related to the Services must commence within six (6) months after the cause of action arose. Otherwise, such cause of action will be permanently barred. 

16.9 Survival. This paragraph 16 will survive termination of the Terms.

17. CONFIDENTIALITY

17.1 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 17.2.

17.2 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 17; and

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

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

18 COMMUNICATIONS BETWEEN US

18.1 When we refer to "in writing" in these Terms, this includes email and via live chat through Trevo’s mobile application.

18.2 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 Business  Day delivery service, or email.

18.3 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 Business 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 Business Day after transmission.

18.4 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. 

18.5 The provisions of this paragraph 18 will not apply to the service of any proceedings or other documents in any legal action.

19. DEVICES AND THE MOBILE APPLICATION

19.1 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. 

19.2 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. 

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

19.4 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). 

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

19.6 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. 

19.7 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. 

19.8 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. 

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

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

19.11 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.

20. GENERAL

20.1 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.

20.2 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 with our prior agreement in writing. 

20.3 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.

20.4 Severance. Each paragraph of the Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms of Service and the remaining paragraphs will remain in full force and effect.

20.5 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.

PART B – TERMS APPLICABLE TO HOSTS

21. ELIGIBILITY 

21.1 Host Eligibility

(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, the Host shall:

(i) be 21 years old and above; 

(ii) have signed 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) provide Trevo with accurate, complete, and up to date information about the Host and the Vehicle, including, but not limited to: 

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

(B) valid bank account details (where the 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) valid and subsisting Vehicle insurance policy and cover note; and 

(F) proof of the Vehicle’s most recent inspection/servicing,

in each case to the satisfaction of Trevo; and

(iv) authorise Trevo to conduct any relevant background check and verification based on the information provided by the Host, whether by Trevo or through a third-party.

21.2 The authorisation of Hosts are made at the sole and absolute discretion of Trevo. The eligibility criteria in this paragraph 21 may be changed by us at any time for any reason at our sole discretion. Trevo does not guarantee, and does not make any warranties or representations as to the Hosts. Please refer to paragraph 16 for further information on our excluded liability.

22. OBLIGATIONS OF HOSTS

22.1 Listing

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

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

(c) The Vehicle listing shall not contain any false or misleading information, statements, or representations and shall not contain any material omissions. 

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

22.3 Qualification. In order to qualify for claims under the applicable Preferred Insurance Coverage (where applicable), you must verify that the Guest has a valid and current driver’s license (Malaysian or International) before you release your Vehicle to the Guest.

22.4 Obligations of Hosts. All Hosts shall not:

(a) offer or list 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; and

(b) make any false or misleading Vehicle listings.

22.5 Vehicle Availability. All Hosts shall ensure that the minimum Vehicle availability requirements for Vehicles on the Platform apply as follows:

(a) Organic Hosts who have opted for Preferred Insurance Coverage shall make the Vehicles available for access by Guests 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; and

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

22.6 Charges 

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

(b) Payment. Trevo will pay you the Access Fees minus Trevo’s Marketplace Fees and Service Tax to your designated bank account. Pay-out of the Access Fee will only be processed after your Vehicle is used and key returned to you. Payment will be made every Tuesday (or the following Business Day) based on batches. Bookings completed within Monday to Sunday will be considered as one batch and payment processing for each batch will take approximately 7 business days. Please note that the payment can take up to 1 Business Day to be processed by your selected bank and received in your designated bank account.

(c) Deduction and Set-Off. To the extent any money is owed by you to Trevo for the Charges listed in paragraph 7 or any other reasons, Trevo reserves the right to deduct or set-off such 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. 

(e) Withholding of Payments

We reserve the right at our sole discretion to suspend or withhold any payments in the event we have reason to believe that you are in breach of any of your obligations under the Terms, pending further investigation of the matter.

22.7 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. You shall properly schedule and record maintenance of the Vehicle using the applicable manufacturer’s maintenance schedule as a guide. 

(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. 

22.8 Damage

(a) Physical Damage. 

(i) The Organic Hosts may at its option provide its own insurance coverage or choose to opt for Preferred Insurance Coverage from our Preferred Insurer. All Commercial Hosts shall maintain its own valid insurance coverage for the Commercial Hosts’ Vehicles in accordance with the terms in Annex 2.

(ii) Where an Organic Host has opted for a Preferred Insurance Coverage, in the event of a loss or damage arising from a Trip 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 applicable policy, whichever is lower,

determined by the Preferred Insurer at its sole discretion. 

(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 Guest has a valid and current driver’s license (Malaysian or International) before you provide the Guest your Vehicle; and/or

(D) submit inaccurate information about your Vehicle when listing it on the Platform.

22.9 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 Guests 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,

in each case with the proof of receipts and/or photographs which are adequate for Trevo to make an assessment of the issue or damage arising.

(c) The Hosts shall ensure that all issues and damages shall be reported within 48 hours from the time the Trip is completed, failing which, Trevo reserves the right to decline or reject any claim for reimbursements. 

(d) Trevo may charge a penalty on Hosts for any misuse and abuse of Reporting Issues Function for an amount as set out in Annex 1-A.

22.10 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 Delivery. Delivery of the Vehicle to a pre-determined location as agreed between the Host and the Guest to hand over the Vehicle;

(iii) Inspection

(A) Pre-Trip – Inspecting and recording the condition of the Vehicle prior to handing over the Vehicle to Guests; and

(B) Post-Trip – Inspecting and recording the condition of the Vehicle when Vehicle is returned by Guests;

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

(v) Time. Custodian services shall be available at the time specified in Annex 1-F.

(b) The Charges for such custodian services will be borne equally between the Host and the Guest based on the Charges set out in Annex 1-F.

22.11 Extras

(a) GPS 

(i) Use. Hosts may opt for a sophisticated GPS and/or a telematics or tracking device (“Add-On Devices”) to be installed in the Vehicle by Trevo, subject to payment of a refundable deposit as stipulated in Annex 1-B to Trevo.  

(ii) Ownership. The right, title, and interest in and to the Add-On Devices shall be retained by Trevo. 

(iii) Restrictions. You shall not sell, give away, transfer, pledge, alter, damage or tamper with any Add-On Device. 

(iv) Loss or Damage. You are responsible for the loss of or damage of the Add-On Devices. 

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

22.13 Verification Photos. Hosts shall take and upload photos to the Platform, of the existing mileage on the odometer of the Vehicle at the time of collection and return of the Vehicle by a Guest. Hosts shall ensure that the photos uploaded to the Platform for this purpose are genuine photos of the state of the Vehicle at the time of the collection or return (as the case may be). Any attempt to present or pass off any other photo (whether of the same Vehicle at a different time or of a different Vehicle all together) other than photographs that are genuine shall be a breach of the Terms.

22.14 Commercial Hosts. Commercial Hosts shall also be subject to the terms and conditions of the Commercial Host Agreement and in the event of any inconsistency between the Terms and the Commercial Host Agreement, the terms of the Commercial Host Agreement shall prevail.

23. INSURANCE FOR HOSTS AND MINOR DAMAGES

23.1 Please refer to Annex 2 for the insurance requirements for Hosts and Vehicles. 

23.2 Minor Damages. We may at our discretion directly reimburse Hosts for damages:

(a) caused by the Guests during a Trip; 

(b) for which repairs cost less than specified minor damage threshold as set out in Annex 1-G; and

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

23.3 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.

PART C – TERMS APPLICABLE TO GUESTS

24. ELIGIBILITY

24.1 Guest Eligibility

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

(i) be 19 years old and above; 

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

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

(v) authorise Trevo to conduct any relevant background check and verification based on the information provided by the Guest, whether by Trevo or through a third-party;

(vi) not be suffering from any physical infirmity and/or impairment of vision and hearing, defective vision or hearing, or any other physical or mental conditions which may impair the Guest’s ability to operate the Vehicle in a safe and proper manner;

(vii) have no major violations or alcohol or drug related incidents in the past; 

(viii) such other eligibility criteria that the Hosts may at its sole discretion impose in respect of their Vehicles that are in addition to those criteria set out in this paragraph 24.1. Any such criteria imposed by a host and any decisions made thereunder by the Hosts shall be final.

24.2 The authorisation of or the approval of Guests are made at the sole and absolute discretion of Trevo. The eligibility criteria in this paragraph 24 may be changed by us at any time for any reason at our sole discretion. Trevo does not guarantee, and does not make any warranties or representations, or the ability of any Guest to operate the Vehicles safely and competently. Please refer to paragraph 16 for further information on our excluded liability.

25 OBLIGATIONS OF GUESTS

25.1 Charges. Guests shall pay all Charges when they come due by credit card, debit card, FPX, electronic wallet or such other payment methods as may be accepted by Trevo from time to time, 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.  

25.2 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; and

(iii) to be driven outside of Malaysia;

(b) Furthermore, Guests and their passengers shall:

(i) operate Vehicle in a safe and proper manner;

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

(iii) not operate the Vehicle while under the influence of drugs, alcohol or any other intoxicating substances; 

(iv) 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;

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

(vi) where a Vehicle is being used by the Guest for any ride-sharing or other similar services, the Guest shall ensure that it complied with all prevailing laws and regulations in order to provide such ride-sharing services. The onus is on the Guest to ensure that it and the Vehicle has all requisite permits and licences in accordance with prevailing laws and regulations and Trevo shall not be responsible in any way for any use of the Vehicle by Guests in breach of the prevailing laws and regulations. In accordance with paragraph 16.4, you agree to indemnify Trevo and our Affiliates from and against all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising directly or indirectly from your breach of prevailing laws and regulations.    

(c) Vehicle collection and return

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

(ii) If the Guests return the Vehicle to a location other than a Designated Location, the Guests shall immediately notify us via email help@trevo.my or live chat via the Trevo mobile application.

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

(iv) When the Guests collect the Vehicle, the Guests shall carefully inspect the Vehicle for any abnormalities or damages, take and upload to the Platform photos of: 

(A) the exterior and interior of the Vehicle with sufficient detail and clarity to document and indicate any pre-existing damage or abnormalities to the Vehicle; 

(B) the four exterior corners of the Vehicle;

(C) the fuel meter indicating the existing fuel level and amount of the Vehicle; and

(D) the existing mileage on the odometer of the Vehicle; 

(collectively, the “Verification Photos”).

(v) Guests shall notify Trevo of any pre-existing damage or abnormalities before accepting the Vehicle. Failure to notify us of abnormalities or damages will render the Guests liable for causing any damage discovered on the Vehicle upon return.

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

(vii) Guests shall determine the level and amount of fuel at the time the Vehicle is collected and ensure that the amount of fuel is restored to the same level and amount at the Guest’s own cost (unless otherwise required by the Host) at the time the Vehicle is returned to the Host at the end of the Trip.

(viii) Upon return of the Vehicle at the Designated Location, Guests shall take the Verification Photos and upload the photos to the Platform. 

(ix) Guests shall ensure that the Verification Photos are genuine photos of the state of the Vehicle at the time of the collection or return (as the case may be). Any attempt to present or pass off any other photo (whether of the same Vehicle at a different time or of a different Vehicle all together) other than photographs that are genuine shall be a breach of the Terms.

25.3 Obligations of Guests. All Guests shall not:

(a) fail or be late to pay the Charges or other amounts owed to Trevo or another User;

(b) return the Vehicles late or improperly; and

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

25.4 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 Guests 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 Guests who fail to return the Vehicle.

(c) We may take other necessary measures such as reporting the Vehicle as stolen to the police if we are unable to reach the Guests and/or when the Guests refuse or fail to return the Vehicle within 2 hours from the end of the Trip, and Trevo, or our Preferred Insurer or any appointed service provider may immediately commence legal action to recover all costs, expenses and losses against the Guest.

25.5 Mileage. The maximum mileage allowed for each Trip is an aggregate of 200km per day, determined on an accumulated basis. The Guest shall pay for any additional mileage incurred in addition to 200km per day at the rate set out in Annex 1-A. 

25.6 Primary Financial Responsibility. Guests 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, Guests may fund that primary liability via any personal insurance or any other means available to the Guests as the primary source of funds.

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

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

(a) the Additional Drivers agree to comply with and be subject to all the Terms of Service;

(b) the Additional Drivers have a valid Account; and

(c) the Additional Drivers meet the eligibility criteria for a Guest as set out in paragraph 24.

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

25.10 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. We reserve the right to impose a penalty on you at our sole discretion in the event you do not offer your full cooperation to us in relation to facilitating the making of a police report and the ensuing investigations. 

25.11 Custodian Services. In the event custodian services are requested for Trips, the custodian services may be provided by Trevo and the Charges for such custodian services will be borne equally between the Host and the Guest based on the Charges set out in Annex 1-F.

26 PROTECTION FOR GUESTS

26.1 Basic Plan

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

26.2 Super Collision Damage Waiver

(a) Guests will have the option of subscribing to the SCDW from Trevo for an additional fee as prescribed in Annex 1-E. 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. Trevo Shield provides liability protection up to the amount specified in Annex 1-E for Guests who have opted for SCDW;

(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 amount as stated in Annex 1-E, for taking the Vehicle to the nearest panel repairer.

26.3    Applicability of Protection for Guests

Protection for Guests is only applicable to the Guest provided that:

(a) The Guest shall lodge a police report within 24 hours of the loss, damage or theft of the Vehicle;

(b) Where applicable, the Guest shall obtain the names, identity card or passport number and addresses of all parties involved, including any witnesses;

(c) The Guest shall not enter into any settlement relating to the loss, damage and/or theft of the Vehicle without the prior approval of Trevo;

(d) The Guest shall safeguard the Vehicle and ensure the Vehicle is secured (e.g. only parking in guarded parking lots, not leaving the Vehicle unlocked, not abandoning the Vehicle, not leaving any valuables in the Vehicle);

(e) The Guest shall promptly notify Trevo of such loss, damage or theft of the Vehicle;

(f) The Guest shall deliver all correspondence, writs or documents of any kind received by the Guest relating to such accident involving the Vehicle and shall fully cooperate with Trevo in the investigation and defence of any claim, prosecution or suit;

(g) The Guest shall not send the Vehicle for repair or allow any party to tow the Vehicle without the prior consent of Trevo;

(h) The Guest shall not abandon the Vehicle while waiting for help to arrive in the event of a breakdown or accident;

(i) The Guest has not breached any of these Terms; and

(j) The Guest has not violated any laws or regulations.

26.4    Limit of Protection for Guest

Protection to Guest shall not be applicable if the Vehicle has been driven or operated in any of the circumstances listed below, and the Guest shall be liable to pay Trevo the FULL costs of the damaged or stolen Vehicle and/or part(s) thereof, including but not limited to the replacement, repair, labour, towing and storage costs as well as the Host’s loss of use of the Vehicle:

(a) The Vehicle has been driven or operated negligently or recklessly;

(b) The Vehicle has been driven or operated in violation of these Terms;

(c) The Vehicle is driven by someone other than the registered Designated Drivers;

(d) The Vehicle has been driven or operated in violation of any laws or regulations; and/or

(e) The Guest intentionally causes damage to the Vehicle.

26.5    Extra Payment

(i) If the Guest being involved in a traffic accident while operating the Vehicle, and the Guest is deemed at fault following a police investigation or Trevo’s internal investigation, Trevo shall have the right to charge the Guest’s registered payment card or e-wallet immediately for the full costs of the damage and any applicable penalty as stated in Annex 1-A (Guest Charges) (including the compensation for loss of use of the Vehicle).

(ii) The Guest shall be responsible for any damage or loss of property of Trevo (including any accessories) or any damage or loss of the Guest’s personal property during the Trip.

(iii) If an accident occurs and the damage sustained by the Vehicle is not under this Protection for Guests, the Guest is responsible for all costs of damage or loss of the Vehicle to Trevo.

(iv) Notwithstanding of an occurrence of a Force Majeure Event, the Guest is still liable to compensate the loss or damage that Trevo may suffer if the loss or damage of the Vehicle occurred during the Trip and the Guest does not cancel his reservation provided that the same is not covered under Protection For Guests.

ANNEX 1 

A. GUEST and HOST CHARGES

B. HOST PROTECTION PLANS AND HOST’S EARNING

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. PROTECTION FOR GUESTS

1. SCDW SUBSCRIPTION FEES

The applicable fees for subscription to SCDW is 10% of the Access Fees.

2. EXCESS

The excess amounts 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. 

• In the event the insured value of the Vehicle RM100,000 and below, the excess amount is RM2,500

• In the event the insured value of the Vehicle is higher than RM100,000, the excess amount is RM6,000.

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

3. THIRD PARTY LIABILITY PROTECTION

Trevo Shield provides up to RM3 million in liability protection for Guests who have opted for SCDW.

4. TOWING

SCDW covers towing charges up to a maximum of RM200.

F. CUSTODIAN SERVICES

Custodian Services availability = 8.00 am to 10.00 pm daily

Peak Time = 8.00 am to 10.00am; and 8.00pm to 10.00pm

Non-Peak Time = anytime other than the Peak Time

G. MINOR DAMAGES

The minor damage threshold is RM6,000 or less than 2.5% of the insured car value, whichever is highest.

ANNEX 2

Insurance

1.1 Trevo is not an insurance provider. You understand that Trevo is not an insurance provider and does not provide insurance to Guests or Hosts. The option of Preferred Insurance Coverage for Organic Hosts is provided by the Preferred Insurer. Trevo as an insurance agency registered with the General Insurance Association of Malaysia (PIAM) merely acts as an insurance agent of our partner insurers who are licensed under Bank Negara to provide you with the Preferred Insurance Coverage.

1.2 Preferred Insurance Coverage. It shall be optional for Organic Hosts to opt for the Preferred Insurance Coverage. 

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

(a) Comprehensive coverage. Organic 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. Organic Hosts who have opted for Preferred Insurance Coverage are subject to minimum Vehicle availability requirements as depicted in paragraph 22.5.

(c) Request for information. Organic Hosts shall provide to Trevo information regarding its existing own insurance coverage.

(d) Replacement of Existing Insurance. The Organic Hosts’ existing insurance coverage on the Vehicle shall terminate and be replaced by the Preferred Insurance Coverage 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 Organic Hosts and Trevo:

(i) Organic Hosts shall pay for the equivalent amount of premiums charged under the existing insurance coverage comprehensive policy, net of any no claim bonus (if applicable); and

(ii) Trevo shall pay the amount in excess of the Hosts’ existing equivalent insurance coverage. 

(g) Trevo obligations. Trevo shall be responsible for handling the insurance claims process on behalf of Organic Hosts, with reasonable assistance provided by the Organic Hosts and subject to the Organic 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 Organic 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 Organic Hosts’ Account is terminated for whatever reason, the Preferred Insurance Coverage will be terminated. Any unutilised insurance premiums paid by the Organic Hosts will be refunded on a pro-rated basis within 30 Business Days from termination of the Preferred Insurance Coverage.

1.4 Organic Hosts’ Requirement to Maintain Insurance.

(a) Where Organic Hosts do not opt for Preferred Insurance Coverage, the Organic Hosts shall maintain its own insurance policy that meets all minimum insurance levels required by law on the Vehicle in order to be eligible to list the Vehicle on the Services. Hosts shall also maintain the registration information and proof of insurance in the Vehicle over the duration of every Trip. 

(b) We will endeavour, but not guarantee, to provide reasonable assistance to Organic Hosts in self-managed claims on the Organic Hosts’ own insurance coverage arising from any damage or loss in relation to a Trip. 

(c) We do not guarantee that your claim on your own insurance coverage will be successful. 

1.5 Commercial Hosts. 

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

(b) It shall be mandatory for Commercial Hosts to maintain valid insurance coverage for the Commercial Hosts’ Vehicles that meets all minimum insurance levels required by law on the Vehicle that is sufficient to cover all relevant risks pertaining to the Trip, in order to be eligible to list the Vehicle on the Services.  

(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. 

1.6 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.