PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY REGISTERING WITH US AND / OR USING THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. PLEASE PRINT AND KEEP A PAPER COPY AND / OR RETAIN AN ELECTRONIC COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
1.1 The iCarsclub service enables [iCarsclub Members to make Bookings and hire Vehicles from each other.] Use of the iCarsclub service is conditional upon full compliance with this Agreement. [Currently, iCarsclub only facilitates Bookings and the hiring of Vehicles for use in [Singapore].]
1.2 This Website is owned and operated by iCarsclub Pte Ltd, incorporated in the Singapore with company registration number 201213249R and a registered address of BLK17, #06-44, Dover Crescent, Singapore, 130017.
1.3 This Agreement is made between: (1) iCarsclub and (2) you, in connection with your use of the Website and / or in your capacity as a iCarsclub Member. Provisions in this Agreement that apply to iCarsclub Members apply to everyone who has registered with iCarsclub, whether or not they are registered as a iCarsclub Driver and / or a iCarsclub Owner. In addition:
1.3.1 Provisions specifically applicable to iCarsclub Owners will apply to you if you are a registered iCarsclub Owner; and
1.3.2 Provisions specifically applicable to iCarsclub Drivers will apply to you if you are a registered iCarsclub Driver.
1.4 Capitalised terms used in this Agreement have the meanings set out in the Definitions Section set out at clause 2 below.
1.5 iCarsclub reserves the right to update this Agreement at any time. If iCarsclub amends this Agreement, iCarsclub will publish the amended version on the Website. The amended Agreement will take effect from the time it is first published on the Website, and from then on will govern the relationship between iCarsclub and iCarsclub Members and / or Website users. Unless expressly provided in writing, such amendments will not however apply to any Pre-Amendment Booking, which will remain binding and otherwise subject to the terms of this Agreement. Any user and / or iCarsclub Member who does not agree with the amended Agreement, must not continue to use the Website after the time on which the amended Agreement is published on the Website, save that any such Member who has made or accepted a Pre-Amendment Booking(s) shall be entitled to use the Website solely for the purposes of and in connection with the making and fulfilment of such Pre-Amendment Booking(s) but for no other purpose.
1.6 From time to time iCarsclub may ask you to agree to further terms and conditions relating to additional services that iCarsclub may make available through the Website, for example in relation to entering into competitions or purchasing items or new services from iCarsclub. In such circumstances, this Agreement will continue to apply save that, in the event of any conflict between it and any terms and conditions relating to such additional services, the terms and conditions relating to the additional services shall prevail.
1.7 If you have any questions, complaints or comments concerning the services provided on the Website, you can contact iCarsclub at hi@iCarsclub.com.
In this Agreement the following capitalised terms mean:
|'Agreement'||these terms and conditions plus the terms and conditions applicable to any additional services and the specific terms and conditions agreed in any Booking;|
|'iCarMember'||a person who has registered as a member with iCarsclub;|
|'iCarDriver'||a Member registered with iCarsclub as an individual eligible to agree from time to time to hire a Vehicle from a iCarOwner in accordance with this Agreement;|
|'iCarOwner'||a Member who has registered any eligible Vehicle(s) with iCarsclub as being available for hire in accordance with this Agreement;|
|'iCarBox'||the hardware box installed in each iCar to enable keyless entry and tracking of the mileage for iCarDrivers|
|'iCarSmart'||the iCar management, tracking, and anti-theft service that any car owners could subscribe to, no matter they are an iCarsclub member or not|
|'iCarMerchant'||the merchants who formed partnership with iCarsclub to provide value-added services to iCarMembers|
|'iCarPrivilege'||the membership privileges iCarsclub provide to iCarMembers, iCarDrivers, and iCarOwners thorugh iCarsclub platform and merchant partners|
|'iCarsclub'||iCarsclub operated by iCarsclub Pte Ltd, incorporated in the Singapore with company registration number 201213249R and a registered address of BLK17, #06-44, Dover Crescent, Singapore, 130017.|
|'Basic Safety Requirements'||the requirements set out in clause 9.4;|
|'Booking'||any completed agreement between a iCarDriver and a iCarOwner made through the Booking Procedure for the iCarDriver to use a Vehicle for a Hire Period in return for a Rental Fee, in accordance with this Agreement;|
|'Booking Fee'||The SGD$2/time. The fee payable by a Driver to iCarsclub for handling a booking;|
|'Booking Procedure'||the procedure for making a Booking;|
|'Code of Conduct'||the iCarsclub code of conduct, as amended from time to time;|
|'Driver Eligibility Criteria'||are set out in clause 4.2;|
|'Driver Registration Process'||the process used by iCarDrivers to create their Profiles on the Website;|
|'Extension Period'||the period of time by which the relevant iCarOwner and iCarDriver agree under clause 7.3 to extend any Initial Hire Period;|
|'Hire Period'||the Initial Hire Period plus any Extension Period agreed by the relevant iCarOwner and iCarDriver in respect of a Booking in accordance with this Agreement;|
|'including'||or any term similar to it such as, 'for example', does not limit the wording which follows;|
|'Initial Hire Period'||the period of time that the relevant iCarOwner and iCarDriver have agreed through the Booking Procedure for use of a Vehicle;|
|'Insurance Fee'||the sum payable by iCarDrivers for the insurance cover for each Booking, under the Insurance Policy;|
|'Insurer'||The insurance partner of iCarsclub to provide insurance coverage for each Booking|
|'Member' or 'Members'||refers to all iCarMembers and 'Member' refers to anyone who falls in these groups;|
|'Cancellation and Fines Policy'||Cancellation and fines policy;|
|'Pre-Amendment Booking'||means any Booking made prior to the date and time on which any amendment to this Agreement is made and which is not due to have been fulfilled until after such time;|
|'Profile'||a Member's profile on the Website;|
|'Rental Fee'||the fee agreed through the Booking Procedure to be paid by the relevant iCarDriver to the relevant iCarOwner for use of a Vehicle during a Hire Period (excluding any costs relating to insurance premium, fuel, penalties or damage to the Vehicle);|
|'Success Fee'||the fee payable by an owner for bookings made through the iCarsclub platform. Fee set as 20% + GST of iCarOwner revenue received in respect of the Booking and other necessary cost of the service from iCarsclub;|
|'GST'||Goods and Services Tax regulated by Inland Revenue Authority of Singapore|
|'Vehicle Booking Shortlist'||a feature available under the Booking Procedure where a iCarDriver simultaneously requests use of several Vehicles for the same Hire Period, with the Booking being concluded when the first iCarOwner on the shortlist accepts the request;|
|'Vehicle Condition Log'||the hard copy log that every iCarOwner must keep with the Vehicle, keep up to date, and make available to iCarDrivers, in which Members must record any damage to the Vehicle of which they have become aware (both interior and exterior). Registered iCarOwners can download this log from their profile page.|
|'Vehicle Eligibility Criteria'||are set out in clause 3.2;|
|'Vehicle Registration Process'||the process used by iCarOwners to create their Profile and register Vehicles on the Website;|
|'Vehicle / iCar'||a car, compliant with the Vehicle Eligibility Criteria, made available for hire by a iCarOwner in accordance with this Agreement;|
|'Website'||the iCarsclub.com website and the content, features and services offered through it;|
|'Insurance Policy'||the insurance policy arranged by iCarsclub;|
|'iCarOwners Excess Claims Form'||In the event that you need to pursue a claim to recoup your excess, these forms will be provided on request;|
3.1 Any person or business entity with a car that meets the Vehicle Eligibility Criteria, and who otherwise complies with the terms of this Agreement, may become a iCarOwner by creating a Profile and registering the Vehicle(s) through the Vehicle Registration Process. The Registered Vehicle(s) are also called iCars.
3.2 A iCarOwner's Vehicle(s) must meet all the following Vehicle Eligibility Criteria on the date of registration and for the full period during which the Vehicle is registered with iCarsclub. The Vehicle(s) must:
3.2.1 be a car registered in Singapore and with any modifications which are LTA compliant;
3.2.2 be owned (or leased) by the iCarOwner;
3.2.3 be no more than 8 years old;
3.2.4 have a valid COE certificate and have paid the road tax;
3.2.5 be insured; and
3.2.6 meet the Basic Safety Requirements and otherwise be safe to drive, clean, in good condition, and suitable for use.
3.3 By completing the Vehicle Registration Process each iCarOwner warrants to iCarsclub and any iCarDrivers who make any Booking in respect of the Vehicle that the Vehicle meets and (save in respect of any failure which is beyond the control of the iCarOwner) will continue to meet during each and every Hire Period the Vehicle Eligibility Criteria.
3.4 If after becoming registered as a iCarOwner any Vehicle(s) ceases to meet the Vehicle Eligibility Criteria, the iCarOwner must immediately remove the Vehicle from their Profile. As soon as a iCarOwner becomes aware that any Vehicle(s) no longer meets the Vehicle Eligibility Criteria the iCarOwner must not accept any Bookings for that Vehicle and must cancel any Booking where the Hire Period has not yet commenced. The iCarOwner will bear all the costs and liabilities (if any) associated with any such cancellation.
3.5 iCarsclub may refuse to register (or may cancel the registration of) any Vehicles if it considers or is aware they do not meet the Vehicle Eligibility Criteria.
3.6 If a Vehicle that has been registered subsequently fails to meet the Vehicle Eligibility Criteria and the iCarOwner does not remove the Vehicle from the iCarOwner's Profile, iCarsclub may if it is aware of the failure remove the Vehicle from the iCarOwner's Profile, but has no obligation to do so. iCarsclub will incur no liability for any Bookings that can no longer be fulfilled [but clause 3.4 will apply to any Bookings cancelled where the Hire Period has not yet commenced].
3.7 As part of the Vehicle Registration Process iCarsclub will automatically search for the Vehicle against one or more third-party databases in order to check the Vehicle's age, model, registration, and accident history. The results of this check will be assessed by iCarsclub and iCarsclub may at its discretion refuse to register the Vehicle.
3.8 [The Booking Procedure deems that iCarOwners has confirmed that the relevant Vehicle meets the Vehicle Eligibility Criteria each time they accept a booking request.] iCarOwners must keep their Profile details up to date, including updating details of their Vehicles when they change, and informing iCarsclub immediately if the iCarsclub Owner becomes aware that his / her Vehicle(s) no longer meet the Vehicle Eligibility Criteria.
4.1 Any person who meets the Driver Eligibility Criteria, and otherwise complies with the terms of this Agreement, may become a iCarDriver by registering with iCarsclub through the Driver Registration Process.
4.2 Individuals wanting to become iCarDrivers must be able to meet the following criteria on the date of registration and for the full period during which they are registered as a iCarDriver. The Driver Eligibility Criteria are that the person must:
4.2.1 be a private individual not less than 25 and not more than 65 years of age;
4.2.2 have held a valid, full (not provisional)Singapore driving license for at least the 24 months immediately prior to registration, and remain in possession of such licence throughout the period that the iCarDriver remains registered with iCarsclub;
4.2.3 have no more than 6 demerit points on their driving license;
4.2.4 have no drink driving convictions or have not had their license suspended or cancelled (excluding any which were incurred more than 5 years prior to the date of registration with iCarsclub);
4.2.5 have no convictions relating to driving dangerously and/or without insurance;
4.2.6 have had no accidents or have not been refused insurance or had it terminated in the past 3 years (calculated initially from the date of registration and then subsequently from the date of each booking request).
4.3 By completing the Driver Registration Process each iCarDriver warrants to iCarsclub and any iCarOwners who accept any booking requests for their Vehicles from the iCarDriver that the iCarDriver meets the Driver Eligibility Criteria.
4.4 If after becoming registered as a iCarDriver a iCarDriver ceases for any reason to meet the Driver Eligibility Criteria the iCarDriver must immediately remove his / her Profile from the Website. As soon as a iCarDriver becomes aware that he / she cannot meet the Driver Eligibility Criteria the iCarDriver must not make or attempt to make any Bookings and must cancel any where the Hire Period has not yet commenced.
4.5 iCarsclub may refuse to register (or may cancel the registration of) any individuals as iCarDrivers if it considers or is aware they do not meet the Driver Eligibility Criteria.
4.6 If a iCarDriver who has registered subsequently fails to meet the Driver Eligibility Criteria, and the iCarDriver does not remove his / her Profile from the Website, iCarsclub may if it is aware of the failure remove the iCarDriver's Profile, but has no obligation to do so. iCarsclub will incur no liability for any Bookings that can no longer be fulfilled but clause 4.4 will apply to any Bookings cancelled where the Hire Period Has not yet commenced.
4.7 [The Booking Procedure deems that iCarDrivers has confirmed that they meet the Driver Eligibility Criteria each time they make a booking request.] However, iCarDrivers must keep their Profile details up to date, and must inform iCarsclub immediately if an iCarDriver becomes aware that it no longer meets the Driver Eligibility Criteria.
6.1 All Bookings for Vehicles must be made through, and every iCarDriver and iCarOwner must comply with, the Booking Procedure.
6.2 iCarOwners have absolute discretion to accept or decline any booking request.
6.3 Once any request has been accepted by a iCarOwner through the Booking Procedure, the Booking will be binding on both the iCarOwner and iCarDriver in accordance with this Agreement, and both Members agree to be bound by and comply with the terms of the Insurance Policy.
6.4 If an iCarOwner does not respond to any booking request within 24 hours of it being placed or 1 hour before the trip starts or for urgent bookings (booking time is within 1 hour before the trip starts) 15 mins after the booking placed, iCarsclub will send an automatic decline response to the iCarDriver who placed the request. Any attempt by the iCarOwner to accept the booking request after the decline notice is sent will be invalid.
6.5 Bookings may be made to commence up to 30 days after the acceptance of the booking request. For other special bookings, iCarDriver needs to contact iCarsclub to arrange.
7.1 The Booking Procedure allows iCarDrivers to make simultaneous booking requests for several Vehicles in respect of the same proposed Hire Period, intending only to conclude a Booking in respect of one of the Vehicles on the Vehicle Booking Shortlist they have created.
7.2 When the first iCarOwner of any Vehicle on a Vehicle Booking Shortlist accepts a booking request in accordance with the Booking Procedure, that Booking will be binding on both the iCarOwner and iCarDriver in accordance with this Agreement and the specific terms agreed.
7.3 Any attempts by any iCarOwner to accept any booking request that has already been accepted, or at any time the system has sent out the decline notice to the iCarDriver, will be invalid.
8.1 Initial Hire Periods must be for a specific duration, of at least 1 hours and not more than 1 calendar month.
8.2 Any time spent inspecting the Vehicle at collection and return will be included in the Hire Period.
8.3 Initial Hire Periods may be extended by the iCarDriver agreeing an Extension Period with the iCarOwner through the Booking Procedure. iCarOwners have absolute discretion as to whether to agree to any extension request, and have no obligation to monitor their Profile [or phone] to be responsive to extension requests. If the Driver is late returning the Vehicle, penalty will be incurred. They will automatically be charged at two times of the normal Rental Fees, plus $25 admin fee, and additional Insurance Premium for the extension to the Hire Period. Penalty may apply if a Vehicle is returned late.
8.4 If the iCarOwner does not respond to an extension request within 15 minutes of it being [placed on the iCarOwner's Profile], iCarsclub will send an automatic decline response. Any attempts by any iCarOwner to accept any extension request that has been automatically declined, will be invalid.
8.5 If a iCarDriver fails to return a Vehicle by the end of the Hire Period the iCarDriver will be liable in accordance with the Members' Penalties and Compensation Policy.
8.6 [If no Extension Period is agreed the Insurance Policy will not apply beyond the end of the Initial Hire Period. The iCarDriver shall be liable for all damage caused to the Vehicle and any other vehicles or property, or injury to persons, while the Vehicle is uninsured and for any applicable criminal penalties.]
9.1 Bookings may only be cancelled in accordance with this Agreement.
9.2 iCarDrivers may without penalty cancel any booking request before it has been accepted by a iCarOwner through the Booking Procedure. For "active cancellation" (within 1 hour after the payment and 1 hour prior the rental), the booking fee is not refunded. After iCarOwner approves the booking request, iCarDriver / iCarOwner may cancel the booking earlier than 1 hour before the trip starts, with penalty as 20% of all transaction fees including insurance premium. After iCarOwner approves the booking request and iCarDriver / iCarOwner cancels the booking later than 1 hour before the trip starts, the cancelling party will be charged a penalty as 50% of all transaction fees including insurance premium. Once the trip starts, no parties is allowed to cancel the booking.
9.3 iCarOwners must refuse to allow a iCarDriver to take control of a Vehicle if, in the iCarOwner's reasonable opinion, the iCarDriver is unfit to drive, does not meet the Driver Eligibility Criteria, appears to be intending to use the Vehicle in a way contrary to this Agreement, or in the circumstances set out in clause 10.7. The iCarOwner will incur no penalties for this cancellation and will not be required to refund the Rental Fee.
9.4 iCarDrivers must refuse to take control of any Vehicle if they reasonably consider that the Vehicle does not meet the Vehicle Eligibility Criteria and may do so in the circumstances set out in clause 10.6. Any decision by an iCarDriver to take control of a Vehicle which is damaged (other than where such damage is purely cosmetic) shall be at the iCarDriver's risk. The iCarDriver will be refunded for this booking in line with the fines and cancellation policy.
9.5 Members are otherwise free to cancel any Booking at any time and the Members' Penalties and Compensation Policy will apply accordingly.
10.1 The iCarDriver and iCarOwner must meet at the time and location agreed in accordance with the Booking Procedure. For cars with iCarBox installed, drivers can simply approach and unlock the car without meeting owners to enjoy a more convenient rental process.
10.2 The iCarOwner must ensure that the Vehicle is provided in accordance with the Vehicle Eligibility Criteria and in the condition shown in the Vehicle Condition Log.
10.3 The iCarDriver is responsible for inspecting the Vehicle (both interior and exterior) and report to iCarOwner before recording any discrepancies in the Vehicle Condition Log.
10.4 In Singapore law the driver of the vehicle is responsible for the road worthiness of the vehicle he / she is driving, and as such it is essential that the iCarDriver inspects the Vehicle and in particular confirms that the Vehicle meets the following basic safety requirements. The Basic Safety Requirements are as follows:
10.4.1 all warning lights go off automatically immediately after the ignition is engaged;
10.4.2 there is no indication of leaking fluids near the vehicle;
10.4.3 no part of the car, except the tyres, is in contact with the ground;
10.4.4 windscreens and windows are free from cracks and chips;
10.4.5 all panels, bumpers, mirrors and moldings are secure;
10.4.6 front and rear light lenses are undamaged;
10.4.7 tyre treads are at least 2mm deep and the tyres are free from deformities and damage; and
10.4.8 all necessary peripheral items are with the Vehicle including user manual, wheel jack, spare tyre, and locking wheel nuts.
10.5 In the event that any of the items of damage or problems listed in clause 9.4 above are present in the Vehicle, the iCarDriver may cancel the Booking on the basis that the Vehicle is not fit for purpose at pickup, and the Members' Penalties and Compensation Policy will apply.
10.6 Other damage must be recorded (marked, signed, and dated) in the Vehicle Condition Log by the iCarOwner after it’s reported by any iCarDriver or other parties. Refusal to do so will entitle the iCarDriver to cancel the booking, and the Members' Penalties and Compensation Policy will apply.
10.7 For renting cars without iCarBox installed, the iCarDriver must show to the iCarOwner the booking reference number provided by iCarsclub for the Booking, and provide his / her driving license. Failure to do so will entitle the iCarOwner to retain control of the Vehicle and cancel the Booking, and the Members' Penalties and Compensation Policy will apply.
10.8 iCarOwners should ensure that they have not left any belongings in the Vehicle prior to the iCarDriver taking control of the Vehicle. If any belongings are left, they are left entirely at the iCarOwner's risk and iCarsclub shall incur no liability in respect of any loss or damage to them.
10.9 iCarDrivers must call iCarsclub immediately on 67777170 if during the Hire Period (or any period outside of the Hire Period during which a iCarDriver remains in possession of or responsible for the Vehicle) they discover damage or any fault not recorded during the collection inspection, or if any damage is caused to or any fault occurs with the Vehicle.
10.10 iCarOwners and iCarDrivers are encouraged to take photos / videos of the Vehicle conditions before leaving / taking up the Vehicle as evidence to manage disputes and protect themselves if any dispute may arise.
11.1 The Vehicle must be driven only by the iCarDriver named in the Booking and the following conditions apply to the use of any Vehicle during the Hire Period (or any period outside of the Hire Period during which a iCarDriver remains in possession or responsible for the Vehicle). The iCarsclub Driver:
11.1.1 must not use the Vehicle for hire or reward;
11.1.2 must not use the Vehicle for any illegal purpose;
11.1.3 must not use the Vehicle off-road, or for racing, pace making, testing the Vehicle's reliability and speed, or teaching someone to drive;
11.1.4 must not use the Vehicle when under the influence of alcohol or drugs;
11.1.5 must not carry a number of passengers which exceeds the designed seating capacity of the Vehicle;
11.1.6 must not carry baggage which would cause the Vehicle to be overloaded;
11.1.7 must not carry any hazardous, toxic or flammable materials in the Vehicle;
11.1.8 must not drive the Vehicle in or take the Vehicle to countries other than Singapore.
11.1.9 must always use the Vehicle in accordance with all highway and other applicable laws and regulations which may be in force at any time;
11.1.10 must ensure that the Vehicle is locked when not using it;
11.1.11 must make sure that the correct fuel is used when refueling the Vehicle by referring to the Vehicle Condition Log (and in the event of fuel contamination the iCarDriver will be liable for all costs relating to recovery, decontamination, repair or replacement of any parts, as a result of that failure to add the correct fuel);
11.1.12 is responsible for the Vehicle, and anything that happens to it, from the moment they take control of the Vehicle until either the later of the end of the Hire Period or the time they return control of the Vehicle to the iCarOwner, including any consequential costs incurred due to the state, location and security of the Vehicle at the end of use;
11.1.13 must not sell, rent or dispose of any Vehicle or any of its parts, or purport to give anyone any legal rights over the Vehicle;
11.1.14 must not smoke or allow others to smoke in, or allow any animals into, the Vehicle without written permission from the iCarOwner;
11.1.15 must not use or permit the Vehicle to be used to jump start any other vehicle; and
11.1.16 must not use or permit others to use the Vehicle to tow any other vehicle without written permission from the iCarOwner.
12.1 By the end of the Hire Period, the iCarDriver must return the Vehicle to the location agreed through the Booking Procedure into the control of the iCarOwner. If this is not done the Members' Penalties and Compensation Policy will apply.
12.2 For the avoidance of doubt, after taking possession of a Vehicle, iCarDrivers remain responsible for the Vehicle until it has been returned to the possession of the iCarOwner in accordance with this Agreement, regardless of whether it is returned during, at the end of, or after the expiry of, the relevant Hire Period.
12.3 iCarDrivers could return Vehicles to iCar Owners before the end of the Hire Period. However, if a Vehicle is returned early, the full Rental Fee for the Booking will still be payable.
12.4 The Vehicle (with its keys and all peripheral items, including manuals, wheel locking nuts etc) must be returned with the same condition as it was at the beginning of the Hire Period.
12.5 The iCarDriver must inspect the Vehicle (interior and exterior), and record its fuel level on its return. If there is new damage to the Vehicle the iCarDriver will be liable under the Members' Penalties and Compensation Policy, and all new damage (not recorded prior to the commencement of the Hire Period in the Vehicle Condition Log) must be recorded in the Vehicle Condition Log and reported to iCarOwner immediately. iCarOwners Excess Claims Form and must be filled by the iCarDriver and reported to iCarsclub within 24 hours of the iCarDriver becoming aware of the damage.
12.6 Significant new damage (damage which would cost more than the excess on the Insurance Policy) caused to the Vehicle during the Hire Period will be covered by the Insurance Policy, subject to the terms of the policy, and provided that such damage is reported to iCarsclub and the insurance partner promptly. Members must provide accurate statements and co-operate with the Insurance Policy provider in any way as required by it and provide all information requested by iCarsclub or its insurers, if a claim needs to be made.
12.7 Damage caused to the Vehicle outside of the Hire Period, or any damage expressly stated to be not covered by the Insurance Policy, will not be covered by the Insurance Policy, and iCarDrivers will be liable for all such damage. For the avoidance of doubt, liability for any damage caused to any Vehicle during any time that an iCarDriver has responsibility for or is in possession of the Vehicle (whether during a Hire Period or otherwise), and which is not covered by the Insurance Policy for any reason, shall lie with the iCarDriver.
12.8 iCarDrivers should ensure that they have not left any belongings in the Vehicle prior to the return of the Vehicle. If any belongings are left, they are left entirely at the iCarDriver's risk and iCarsclub shall incur no liability in respect of any loss or damage to them.
13.1 iCarOwners should provide Vehicles to iCarDrivers at the start of each Hire Period with at least a quarter tank of fuel.
13.2 iCarDrivers should check and record the fuel level before taking control of the Vehicle and should return the Vehicle with at least more than a quarter tank of fuel. iCarOwners or the next iCarDriver should check the fuel level when they are taking control of the Vehicle.
13.3 iCarDrivers will be charged for fuel consumption based on the mileage of their hire period. The fuel rate may subject to change by iCarsclub.
13.4 iCarDrivers is required to refuel the tank whenever the fuel level falls below a quarter tank, using the iCarsclub Fuel Card in the iCarKit of the car. If no iCarsclub Fuel Card is found in the iCarKit, iCarDrivers can make payment for the fuel cost first after refuel and claim their fuel cost back from the iCarsOwner by showing the receipt to the iCarOwner. The corresponding claimed fuel cost will be covered by the rental income of the iCarOwner whose Vehicle / iCar received the actual fuel. If iCarDrivers fails to maintain the fuel level above a quarter tank during the hire period, the Members' Penalties and Compensation Policy will apply.
13.5 If an iCarDriver has to incur any incidental expenses (each item under SGD$50) for essential routine maintenance that becomes necessary during the Hire Period (such as oil, or screen fluid), the iCarDriver and iCarOwner shall agree between themselves how to deal with this. iCarsclub or iCarOwners shall have no obligation to reimburse iCarDrivers for incidental expenses.
13.6 iCarsclub Drivers should not incur any major expenses in respect of a Vehicle. In the event of accident or breakdown clause 20 will apply.
14.1 iCarsclub has the right to enforce this Agreement (and the specific terms of any Booking) against Members for any failure(s) to comply with this Agreement.
14.2 Where this Agreement or any other part of the Website states that iCarsclub will do something, iCarsclub will use reasonable endeavours to do that thing, or will use reasonable endeavours to procure that the Website provides that function (for example sending text and email reminders in respect of bookings).
14.3 iCarsclub will use reasonable endeavours to maintain and operate the Website but accepts no liability in respect of any part of the Website being unavailable for any period of time. [iCarsclub will use reasonable endeavours to maintain and operate its phone contact but accepts no liability in respect of this being unavailable for any period of time.]
14.4 iCarsclub does not guarantee that the Website or iCarsclub's service will be error-free, uninterrupted or that it will provide specific results. The Website is provided on an "as-is" and "as-available" basis. Except as expressly set out in this Agreement, iCarsclub expressly disclaims any further warranties, conditions, or other terms, either express or implied by statute or otherwise including the implied warranties of merchantability, satisfactory quality or fitness for purpose.
14.5 iCarsclub accepts no liability in respect of the accuracy of any information or data received from third parties, including the results of iCarsclub vetting any Members or carrying out checks on Vehicles.
14.6 iCarsclub accepts no liability in respect of and shall not be responsible for:
14.6.1 the condition of any Vehicle;
14.6.2 any information or content provided by Members on their Profiles or elsewhere on the Website or in connection with the hiring of any Vehicle;
14.6.3 death or personal injury;
14.6.4 any damage to any property, or damage to or loss of any Vehicle;
14.6.5 any damage or loss of any belongings left in any Vehicle;
14.6.6 any fuel costs;
14.6.7 any incidental expenses;
14.6.8 any charges or fines mentioned in clause 17;
14.6.9 any theft or breakdown of any Vehicle;
14.6.10 (subject to making payments when received under the Members' Penalties and Compensation Policy) any cancellation, or failure to honour the terms of, any Booking by any Member; or
14.6.11 any cancellation of any booking, or removal of any Member Profiles, Vehicles, or other content, from the Website, if done in accordance with this Agreement.
14.7 Subject to clauses 13.8 and 13.9 below, iCarsclub is not liable to any Member under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, for:
14.7.1 loss or damage incurred by any Member in connection with any claims made by a third party;
14.7.2 loss of profit, goodwill, business opportunity or anticipated saving suffered by the Member; or
14.7.3 any indirect or consequential loss or damage suffered by any Member.
14.8 Subject to clauses 13.9, 13.10, and 13.11, the entire liability of iCarsclub to any Member under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, is limited to the amount of the Rental Fee for each Booking made by such Member plus any compensation payable under the Members' Penalties and Compensation Policy.
14.9 Where iCarsclub's total financial liability cannot be calculated in accordance with clause 13.7 (because the liability has arisen otherwise than in relation to a Booking), iCarsclub's entire liability to any Member or any other person under or in connection with this Agreement whether for negligence, breach of contract, misrepresentation or otherwise, is limited to SGD$100.
14.10 iCarsclub shall only be liable to pay Rental Fees to iCarOwners and compensation to Members to the extent that iCarsclub has received these amounts from the relevant Member(s), subtracting platform management fees. [Payments made under the Insurance Policy will be managed by iCarsclub's Insurance partners].
15.1 [All Members must provide iCarsclub with their bank account details into and from which iCarsclub can make payments as authorised under this Agreement.]
15.2 Each iCarOwner must set and display on his / her Profile a price for the hire of the relevant Vehicle(s), expressed as an hourly, daily and / or weekly rate. iCarOwners are free to change their rates at their discretion from time to time though any agreed Rental Fee for a Booking may not be changed, [without the [written] agreement of the iCarDriver].
15.3 iCarsclub's Rental Pricing Guidance is provided for guidance only and is not binding on Members.
15.4 The actual Rental Fee payable in respect of each Booking shall be agreed between the iCarOwner and iCarDriver through the Booking Procedure.
15.5 By placing a booking request iCarDrivers agree that the Rental Fee, the Booking Fee, the estimated fuel cost, the Insurance Fee (including, as applicable, agreed or automatic extensions), GST, and any and all of the following potential additional payments will be charged to the debit or credit card used by the iCarDriver to secure the Booking. The potential additional payments that may be charged to the debit or credit card of the iCarDriver are payments required:
15.5.1 to meet the excess on the Insurance Policy, except additional excess incurred due to special arrangements requested by iCarOwners;
15.5.2 because the iCarDriver has incurred a penalty and/or must pay compensation under the Members' Penalties and Compensation Policy;
15.5.3 in respect of loss or damage resulting from a failure by the iCarDriver to comply with or breach of this Agreement;
15.5.4 in respect of all fines and court costs for parking, traffic or other offences (including any costs which arise if the Vehicle is clamped or towed) incurred by the iCarDriver during his / her Vehicle use or as a direct result of such use;
15.5.5 in respect of any other fines and penalties incurred by the iCarDriver as a result of failure to comply with this Agreement or in connection with their hiring or use of any Vehicle;
15.5.6 in respect of iCarsclub's costs, including, but not limited to, reasonable legal fees and any debt recovery or court fees incurred in collecting payments overdue from a iCarDriver;
15.5.7 in respect of value added tax and all other taxes and levies on any of the charges listed in this clause, as applicable from time to time; and
15.5.8 in respect of any other money due to iCarsclub from a iCarDriver under this Agreement.
15.6 Conclusion of any Booking in accordance with the Booking Procedure shall constitute authority for iCarsclub to debit all monies due against the Member's nominated credit or debit card at the times specified in clause 14.7 and 14.8 below, including any of the items listed in clause 14.5 (iCarDrivers) above and in clause 14.9 below (iCarOwners).
15.7 Payments for the Rental Fee, Insurance Fee, estimated fuel cost, Booking Fee, and GST will be charged to the iCarDriver's debit or credit card at the moment a booking is accepted by the Owner.
15.8 All other payments due in accordance with this Agreement will be charged to the iCarDriver's debit or credit card on demand as they fall due.
15.9 iCarOwners must provide a debit or credit card for iCarsclub to take payments required under this Agreement. By accepting a booking request through the Website iCarOwners authorise iCarsclub to take the following payments as and when they fall due:
15.9.1 any payments due because the iCarOwner has incurred a penalty and/or must pay compensation under the Members' Penalties and Compensation Policy;
15.9.2 any payments due in respect of loss or damage resulting from a failure to comply with this Agreement;
15.9.3 any payments due in respect of iCarsclub's costs, including, but not limited to, reasonable legal fees and any debt recovery or court fees incurred in collecting payments overdue from a iCarOwner;
15.9.4 any payments due in respect of value added tax and all other taxes and levies on any of the charges listed in this clause, as applicable from time to time; and
15.9.5 any payments due in respect of any other money due to iCarsclub from a iCarOwner under this Agreement.
15.9.6 additional excess incurred during an accident due to special arrangements requested by iCarOwners.
15.10 If a debit card or credit card is declined by the card issuer, leaving any Member with an outstanding balance, then if the Member is a iCarOwner he / she must not accept any booking requests, and if the Member is a iCarDriver he / she must not make or attempt to make any booking requests, until full payment of the outstanding balance is received by iCarsclub.
15.11 Where a Member's credit history has not been established to iCarsclub's satisfaction or becomes questionable in iCarsclub's opinion, the Member must provide iCarsclub on demand a copy of his / her passport and two proofs of address (not more than 2 months old). iCarsclub may request these at any time while the Member is registered on the Website.
15.12 Members whose payments fail will accrue penalties in accordance with the Members' Penalties and Compensation Policy.
15.13 iCarsclub will pay all Rental Fees received on completed bookings, subtracting management fees and other cost, in respect of a iCarOwner's Vehicle in each month, to the iCarOwner on the 15th day of the following month.
15.14 iCarsclub may be entitled to keep for itself as payment for providing the iCarsclub service, all Booking and Success Fees. [iCarsclub's partners may keep all Insurance Fees (subject to iCarsclub maintaining the Insurance Policy)].
16.1 Members must provide iCarsclub with correct information when registering on the Website (including, and without limitation, the Member's name, address, age, and driving history). It is the Member's responsibility to update iCarsclub and the relevant sections of the Website, including the Member's Profile, with any changes to this information during their Membership.
16.2 Members must comply with iCarsclub's Code of Conduct.
16.3 Each Member hereby indemnifies and agrees to keep iCarsclub indemnified against all losses, liabilities, claims or demands arising out of:
16.3.1 any failure by the Member to comply with, or any breach by the Member of the terms of, this Agreement (including the terms of any Booking, and any failure to pay any money due);
16.3.2 any breach of warranty given as to either the Vehicle Eligibility Criteria in respect of any Vehicle, or the Driver Eligibility Criteria in respect of any iCarDriver;
16.3.3 any claim by a third party (or another Member) that any content posted by the Member on the Website breaches the intellectual property rights of the third party or any of the warranties given in clause 23;
16.3.4 any death or personal injury other than that resulting from iCarsclub's negligence.
16.4 If you are renting out your car with us, you are responsible both for determining whether any GST is chargeable and for collecting that GST- this means in general that you should include any GST in the price you list with us for use of your car. iCarsclub are responsible only for any GST payable on the 20% commission we charge. iCarsclub does not pay any taxes on behalf of the users of the service. Users are solely liable for any taxes resulting from and rental agreement or use of our services or site. Whether you are a business entity or an individual you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay such taxes. iCarsclub recommends that you seek advice from a tax professional.
17.1 By registering on the Website Members agree to pay iCarsclub the amounts specified for the relevant penalties as set out in the Members' Penalties and Compensation Policy in the circumstances set out in this Agreement and / or the Cancellation and Fines Policy.
17.2 iCarsclub agrees to procure the payment to Members of the amounts specified for the relevant compensation set out in the Members' Penalties and Compensation Policy in the circumstances set out in this Agreement and / or the Members' Penalties and Compensation Policy.
18.1 iCarDrivers are liable for any costs incurred as a result of any and all traffic offence penalties which relate to a Hire Period (or any period outside of the Hire Period during which a iCarDriver remains in possession of or responsible for the Vehicle) including parking tickets, speeding fines, clamping fines, bus lane fines and compound charges, and for any further penalties specified in the Members' Penalties and Compensation Policy.
18.2 iCarDrivers are responsible for paying any tolls, fees or ERP charges which they may incur during a Hire Period (or any period outside of the Hire Period during which a iCarDriver remains in possession of or responsible for the Vehicle), including the ERP Charge.
18.3 Wherever possible it is the iCarDriver's responsibility to pay the relevant authorities directly. iCarDrivers must provide a written report of any offences committed to iCarsclub and the iCarOwner on return of the Vehicle.
18.4 In the case of speeding notices iCarOwners are obliged by law to pass on the offending iCarDriver's details to the Police who will then contact the iCarDriver directly.
18.5 If an iCarDriver decides to appeal any tickets, fines or other charges, the iCarDriver shall do so at its own cost, and shall remain liable both for the relevant amount and under the Members' Penalties and Compensation Policy pending the outcome of the appeal.
19.1 All Vehicles registered with iCarsclub are covered for the duration of any Hire Period by the Insurance Policy, subject to the quality screening of the insurance partners and other checks by iCarsclub during membership registration or booking of each rental. iCarsclub will work with the insurance partners to maintain the Insurance Policy.
19.2 The insurance policy arranged by iCarsclub is designed to not prejudice or otherwise affect the iCarOwner's or iCarDriver's existing insurance. However, we recommend that all members verify this with their existing insurers. The Vehicle will be covered by the insurance arranged by iCarsclub throughout the hire period.
19.3 iCarsclub Drivers are liable to pay the excess on the Insurance Policy. iCarsclub Owners are the actual insurance policy holder and legally bear the insurance premium. iCarsclub Drivers are liable to pay the actual insurance premium cost to the iCarsclub Owners.
19.4 Members are advised to read the full terms of the Insurance Policy.
19.5 There are a number of conditions which must be satisfied before the insurance policy is taken out. Members should check that they are complying with these as the insurance policy may not cover them if they are not met. Members should note that the Insurer has the right to take action against an iCarDriver in the event of a claim, where the iCarDriver is (partially or completely) at fault or acts or fails to act in a manner that contributes to the loss.
20.1 If a iCarDriver is involved in an accident he / she must not admit responsibility but must immediately:
20.1.1 contact iCarsclub by phone;
20.1.2 take the names addresses and contact details of everyone involved;
20.1.3 make the Vehicle secure to the extent possible and phone the Police.
20.2 If a Vehicle is stolen during a Hire Period (or any period outside of the Hire Period during which a iCarDriver remains in possession or responsible for the Vehicle) the iCarDriver must as soon as becoming aware of the theft contact iCarsclub by phone and phone the Police.
20.3 If a iCarsclub Owner becomes aware that his / her Vehicle(s) has been damaged or stolen the iCarOwner must contact iCarsclub by phone within 48 hours of becoming aware.
20.4 iCarsclub has no liability in respect of damage to or theft or breakdown of any Vehicle, or any related costs whether directly or indirectly incurred.
20.5 Any breakdown involving a Vehicle must be reported to iCarsclub by phone at the earliest opportunity
20.6 During the Hire Period (or any period outside of the Hire Period during which a iCarDriver remains in possession or responsible for the Vehicle), if a problem arises that prevents or limits the use of the Vehicle or that may compromise peoples' safety, the iCarDriver must immediately contact iCarsclub and park the Vehicle in accordance with iCarsclub's instructions.
20.7 iCarsclub will use reasonable endeavours to assist Members in dealing with the consequences of any damage theft or breakdown, but has no obligation to incur any costs or expenditure when doing so.
20.8 Members must provide accurate statements and co-operate with the Insurance Policy provider in any way as required by them. Members who fail to provide requested information may be held liable for the full repair costs and other direct costs incurred
20.9 iCarDrivers must not arrange to, or themselves, carry out any repair work without the iCarOwner's prior written permission and iCarOwners must not, if they intend to claim against the Insurance Policy, arrange to, or themselves, carry out any repair work without iCarsclub's (and its insurer's) prior written permission.
21.2 iCarsclub will not be responsible breach of personal particulars as a result of information gleaned from car labels as well as from documents or any form and/source of information left unattended in the car.
22.1 Members may contact iCarsclub [at any time by email] and by phone on 67777170
22.2 Members may contact each other via the messaging button on one another's profile page, through the Booking Procedure, and any other way particular Members may agree.
22.3 Members may not publish content on the Website that:
22.3.1 infringes the intellectual property rights of any third party or that is defamatory, offensive, discriminatory or otherwise unlawful;
22.3.2 is fraudulent or otherwise misleading;
22.3.3 invades any person's privacy;
22.3.4 contains any virus or other malware designed to or which might interfere with iCarsclub's or any third party's systems or data;
22.3.5 contains political campaigning, commercial solicitation, mass marketing or any form of spam; or
22.3.6 is unfair, deceitful or harmful.
22.4 iCarsclub reserves the right to remove from the Website any content published by Members at any time. iCarsclub has no obligation to do so, but will use reasonable endeavours to remove any content from the Website when contacted by any Member or third party and asked to do so if the content is or appears to have been posted in breach of this Agreement.
22.5 By contributing any content or information to the Website, Members grant to iCarsclub a perpetual, a non-exclusive, royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and grant iCarsclub the right to use the Member's name in connection with such content.
22.6 Members agree that these rights are irrevocable during the entire period of protection of the intellectual property rights associated with such content. Members agree to waive any right to be identified as the author of such content and any right to object to derogatory treatment of such content. Members agree to perform all further acts necessary to perfect any of the above rights granted at Member's own cost, including the execution of deeds and documents, at the request of iCarsclub.
22.7 Members represent and warrant that they own or otherwise control all of the rights to the content that they contribute.
22.9 iCarsclub will use e-mail to convey important operational information and changes to this Agreement, and it is the Member's responsibility to keep their contact details up-to-date.
22.10 Telephone calls and other correspondence with iCarsclub may be recorded or monitored. By using these communication methods Members consent to the recording or monitoring of their communications.
23.1 If any dispute arises between Members relating to the iCarsclub service, including any Booking, Members must resolve it between themselves. If requested in writing by all Members involved in a dispute, iCarsclub will at its discretion assess any information provided by Members relating to the dispute and make an indicative resolution. The Members do not have to accept iCarsclub's indicative resolution.
23.2 Without prejudice to his/ her legal rights, if any Member wishes to challenge any penalty charged by iCarsclub under the Members' Penalties and Compensation Policy, iCarsclub will consider the Member's challenge and any information provided relevant to it, but will not be bound to accept the Member’s challenge.
24.1 Subject to clause 25.2, iCarsclub may without liability remove any Member’s Profile from the Website, and terminate its relationship with the Member, at any time and for any (lawful) reason. iCarsclub may refuse to allow any Member to re-register with iCarsclub for any (lawful) reason.
24.2 Where any Member has outstanding Bookings which it is yet to fulfil, iCarsclub may only exercise its right in clause 25.1 where the Member has acted unlawfully and / or breached the terms of this Agreement (or any Booking). The breach does not have to be material.
24.3 If iCarsclub exercises its rights under clause 25.1, it will not affect iCarsclub's right to receive any money owed to it or arrange for the payment of any money owed by the Member to any other Member under this Agreement. Any money owed to iCarsclub at the time of termination will become immediately due and payable and Members grant iCarsclub the right to set off any amounts owing against any money iCarsclub is holding on behalf of the Member.
24.4 If a Member acts unlawfully and / or in breach of this Agreement, iCarsclub may where it considers appropriate give such Member's personal details to credit reference agencies, Tax Revenue & Customs, the Police and other law enforcement agencies, debt collectors, or any other relevant organization.
24.5 Except in certain circumstances where a Member has acted unlawfully or in breach of this Agreement, Members may remove their Profile from the Website at any time. This will not affect iCarsclub’s right to receive any money owed to it under this Agreement.
25.1 iCarsclub shall not be liable for either a failure to perform or delay in performing any of its obligations if, and in so far as, performance is delayed, hindered or prevented by any event beyond the reasonable control of iCarsclub.
25.2 [Members shall not be liable to each other for either a failure to perform or delay in performing any of their obligations if, and in so far as, performance is delayed, hindered or prevented by any event beyond the reasonable control of the relevant Member.]
If any provision of this Agreement (including any Booking) is, or becomes invalid, or unenforceable, the remaining provisions shall be interpreted in such a way so as to remain in effect.
A person, company or entity who is not a party to this Agreement shall not have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enjoy the benefit or enforce any term of this Agreement.
This Agreement and all matters arising from or connected with it are governed by and shall be construed in accordance with Singapore Law.
The courts of Singapore have exclusive jurisdiction to settle any dispute arising from or connected with this Agreement, including, but not limited to, a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity. Members irrevocably submit to the jurisdiction of such courts and agree that the courts of Singapore are the most appropriate and convenient courts to settle any dispute and, accordingly, they will not argue to the contrary.