Transport Service refers to transport services provided by Sunlight Taxi Sdn Bhd, Unicablink Sdn Bhd, Global Smart Transportation Link Sdn Bhd and its sub-contractors (“Sunlight”) in multiple city/town locations within Malaysia. The Customer agrees that these terms and conditions shall be deemed to apply when the Customer uses Sunlight’s Transport Service.
The Customer shall pay a prevailing booking fee for either current booking or advance booking in addition to the payment of transport fare and any fee or levy now or hereafter imposed by the law or required to be paid in respect of any monies payable to or receivable by SUNLIGHT or any expenses incurred by SUNLIGHT hereunder (except to the extent prohibited by law).
DEFINITIONS & INTERPRETATION
‘Airport’ means the airport(s) in Malaysia where the SUNLIGHT Airport Transfers are available.
‘Customer’ means any person at whose request or on whose behalf; SUNLIGHT agrees to provide the SUNLIGHT Airport Transfers / normal Transport Services.
‘Fares’ means the transport fare + applicable surcharge, exclusive of tolls or any other additional costs, allowable under the regulation or otherwise agreed between Customer and SUNLIGHT.
‘Pickup Point’ means the building or address given by Customer as pick up address.
‘SUNLIGHT Services’ means SUNLIGHT Airport Transfer, normal transport services and other travelling and transportation services
‘SUNLIGHT Airport Transfer’ means a pre-booked one-way Vehicle journey between a Pick-up Point and Airport.
‘SUNLIGHT’ means the Sunlight Taxi Sdn Bhd, Unicablink Sdn Bhd, Global Smart Transportation Link Sdn Bhd and its sub-contractors.
‘Terms and Conditions’ means these terms and conditions, as varied from time to time at the sole discretion of SUNLIGHT.
‘Vehicle’ means a motor vehicle operated by the SUNLIGHT for the purposes of providing the SUNLIGHT Transport Services including Taxis, Vans, Coaches, Buses and other forms of transportations.
‘Website’ means www.sunlighttaxi.com and www.unicablink.com
These Terms and Conditions apply to all bookings made and services offered through the Smartphone application, Website, transport stand / counter, telephone, fax, email and any other communication mechanism.
READY TIME AT PICKUP POINT
Where a Customer has booked a SUNLIGHT Services, the Customer must be ready to depart the Pickup Point no later than 10 minutes after the scheduled pickup time.
NO SHOW, CANCELLATION AND REFUND POLICY
Customer failure to be at the Pickup Point or to be ready to depart 10 minutes after the scheduled pickup time may result in cancellation of the SUNLIGHT Services. Customer will not be entitled to a refund of any amount of the Fare, if collected and paid, nor will we have any liability for any costs, damages, expenses or losses arising from the cancellation of the SUNLIGHT Services in these circumstances.
Cancellation:
Customer may cancel SUNLIGHT Services, except for SUNLIGHT Airport Transfer, any time before the scheduled pick up time by calling 1300 800 222 (if calling within Malaysia). Customer will not be entitled to a refund of any amount, if collected and paid.
Customer may cancel SUNLIGHT Airport Transfer 4 hours or SUNLIGHT services which is pre-book in advance before the scheduled pick up time by calling 1300 800222 (if calling within Malaysia). Customer will not be entitled to a refund of any amount, if collected and paid.
LUGGAGE/UNACCEPTABLE ITEMS/ DANGEROUS GOODS PROHIBITED
Customers are to ensure that customer’s luggage carry not prohibited items, by Law, regulation, respective airline policy and etc
The following items should not be included in Customer luggage that is placed in the Vehicle boot or trailer and SUNLIGHT accept no liability for their damage or loss:
· Cash, negotiable bonds, deeds or other valuable documents and items
For safety reasons, articles such as the following must not be carried in customer luggage:
· Loaded firearms
· Corrosive materials (such as alkalis, acids, wet cell batteries, mercury)
· Explosives (fireworks and articles that are easily ignited)
· Flammable liquids and solids (such as matches, lighters and heater fuels, flammable aerosols)
· Poisonous, toxic, infectious substances
· Radioactive materials.
· Compressed Gases (Deeply Refrigerated, Flammable, Non-flammable and Poisonous)
ANIMALS
Guide dogs and other assistance dogs are welcome in SUNLIGHT Services Vehicles. The presence of a guide dog or other assistance dog must be noted at the time customer make the booking. No other animals will be carried in the Vehicles.
LOST AND FOUND
Customers to take full responsibility of their belonging when travelling on board any of its taxis. In the event they lose their belonging during a trip, the Company will try its best to locate the belonging but will not be held responsible for any loss or damage to any of the items.
PASSENGER MOBILITY
Customers who require someone to lift them into or out off the vehicle must arrange for these services at their Pickup Point and Drop off points. For reasons of driver health and safety, drivers are not permitted to participate in carrying passengers into or out off Vehicles.
LIABILITY
SUNLIGHT Services will be performed with reasonable care and skill. To the fullest extent permitted by law, we shall not be liable for:
· Any delay in transporting customers
· Any loss of profits, loss of revenue, loss of business, loss of reputation, economic loss, consequential loss, indirect loss or any loss incurred as a result of a failure to be in time for a flight/any other events arising from or in connection with any SUNLIGHT Services.
Our liability, other than for SUNLIGHT Airport Transfer, under these terms and conditions is limited to the amount of the Taxi Fare paid by Customer and this limitation shall apply to liability howsoever arising whether in contract, tort or otherwise.
For SUNLIGHT Airport Transfer, our liability under these terms and conditions is limited to the amount of the Taxi Fare and Air Ticket Fare paid by Customer and this limitation shall apply to liability howsoever arising whether in contract, tort or otherwise.
Our liability for damages resulting by reason of the personal injury or death of a passenger shall be in accordance The Motor Vehicles (Third Party Risk) as required by Part IV of the Road Transport Act 1987 (Malaysia).
These Terms and Conditions including any exclusion or limitation of liability shall apply to and be for the benefit of SUNLIGHT, its contractors and sub-contractors, agents, employees and representatives.
SUNLIGHT shall not be responsible or liable for any loss, damage or embarrassment suffered by the Customer in relation to or in respect of any instructions or operations effected by the Customer or purported to be effected by the Customer using its Transport Services however caused including but not limited to the Customer's non-compliance with the Services recorded voice instructions and SUNLIGHT's inability to provide the services for any reason, including and without limitation, as a result of malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of SUNLIGHT or any person or any organisation involved in the abovementioned systems.
The Customer shall not hold SUNLIGHT liable for any direct or indirect loss or damage which may be suffered by the Customer as a result of any failure by SUNLIGHT to provide a transport to the Customer within any stipulated time even if SUNLIGHT has agreed to so provide the transport or even if the Customer has advised SUNLIGHT of the possibility that any such loss or damage would result if the taxi is not provided at all or within the stipulated time.
CUSTOMER INDEMNITY
The Customer indemnifies SUNLIGHT, the Contractor, and the representatives, agents, employees, directors, and officers and the Contractor from and against all and any liabilities, claims, damages, losses, costs and expenses arising out of or in any way connected with the provision of the SUNLIGHT Service except to the extent that such liabilities, claims, damages, losses, costs and expenses are directly and solely caused by the wilful misconduct of SUNLIGHT.
CONDITIONS OF CARRIAGE
Customer acknowledge that SUNLIGHT engage contractors and sub-contractors to perform services on its behalf, and that services which you book using the Smartphone application, Website, transport stand / counter, telephone, fax, email and any other communication mechanism may be provided by those Contractors. These terms and conditions will continue to apply in full where SUNLIGHT engages a contractors to provide services on its behalf.
SUNLIGHT or any of its Contractors (which includes any franchisee) or agents may refuse carriage if customer are unable to provide valid travel documents or if customer have acquired any services in violation of SUNLIGHT's Policy and other policy, Conditions of Carriage or Terms and Conditions, or if you are under the influence of drugs or alcohol, or it is necessary for the safety or comfort of other passengers or for the protection of property.
If baggage carried in the boot of the transfer vehicle (or if applicable dedicated luggage trailer) is damaged, lost or destroyed during carriage customer must notify SUNLIGHT in writing within 7 days from date of travelled.
SUNLIGHT undertakes to use their best efforts to carry customer and customer baggage within a reasonable timeframe but does not guarantee to do so. SUNLIGHT may without notice substitute an alternative carrier or vehicle where it deems necessary.
Smoking and/or the consumption of alcoholic beverages is not permitted on any of the Carriers vehicles or that of its sub-contractors or agents.
No agent, contractor, servant or representative of SUNLIGHT has authority to alter, modify or waive any provision of these notices and conditions.
REPAIR AND CLEANING FEE
Customer shall be responsible for the cost of repair for damage to, or necessary cleaning of vehicles and property resulting from use of the Services by customer in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Sunlight in Sunlight's reasonable discretion, Sunlight reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the drivers and reimburse such cost from customers.
CUSTOMER CONTACTABILITY
Customer must provide us with a contact number so that our operations staff can get in contact with customer if needed in relation to SUNLIGHT Services. For all bookings, customer (or a member of customer) must be contactable anytime or for SUNLIGHT Airport Transfer / advance booking in the 4-hour period, immediately prior to customer designated pickup time on the same contact number that customer have listed during booking. If customer is not contactable on designated phone number, SUNLIGHT will not be liable for any costs, damages or losses that Customer may incur as a result of not meeting scheduled travel time.
PERSONAL INFORMATION
This notice provides highlights of SUNLIGHT's Privacy and Security Policy, which applies to all personal information that we and our related sub-contractors, agents collect and use about our customers. The purposes for which your personal information will be used by us will depend on the circumstances in which that information is collected. We may use the personal information we collect:
· to assist in providing SUNLIGHT Services;
· to process any communications customer request;
· to conduct surveys and internal research;
· to provide reminder SMS alerts and other electronic information services;
· to comply with laws and regulations in applicable jurisdictions;
· to identify and present offers from us or from third parties that may be of interest to you;
· any other use that customer authorize.
If SUNLIGHT disclose customer personal information to third parties (such as data processing organisations) for any of the purposes described here, SUNLIGHT will take reasonable steps, where in a position to do so, to require the third parties to strictly comply with SUNLIGHT instructions and not use the information for any other purpose.
If Customer provide information to SUNLIGHT about another person (such as a spouse, relative or travelling companion) then customer are responsible for making that individual aware that customer have disclosed their personal information to SUNLIGHT and that SUNLIGHT can use the information as set out in this policy
SUNLIGHT may use common internet technologies such as cookies or local shared objects on our websites, emails. A cookie or a local shared object is information that a website puts on customer hard disk so that it can remember something about you at a later time.
If Customer choose not to provide SUNLIGHT with customer personal information then SUNLIGHT may not be able to: offer SUNLIGHT services to customer; complete a transaction; or meet any special needs or requests customer may have.
The Customer shall not hold SUNLIGHT liable for the use of location based information when the Customer making a transport booking. The location based information will be used only to facilitate and improve the probability of locating a transport for the Customer.
SUNLIGHT may disclose to all companies and subcontractors within the SUNLIGHT's group of companies or any of its authorised drivers or any government body as so required by the law or by directive or request from such government body or any third party, the particulars of the Customer in the possession of SUNLIGHT in any way as SUNLIGHT, in its absolute discretion, deems fit or if it considers it in its interests to do so.
FORCE MAJEURE
SUNLIGHT shall have no liability to customer if SUNLIGHT are prevented from, or delayed in performing any SUNLIGHT Services as a result of any act, event, omission or accident beyond our reasonable control, including (without limitation) industrial disputes (whether involving the workforce of SUNLIGHT or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
VARIATIONS TO TERMS AND CONDITIONS
SUNLIGHT reserves the right to amend these Terms and Conditions at any time, in its sole discretion. Any amendments to these Terms and Conditions will be effective immediately upon posting on the Website. It is customer responsibility to check for amendments before using the SUNLIGHT Services.
GOVERNING LAW AND INVALIDITY
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The Customer agrees to submit to the exclusive jurisdiction of the Malaysia Courts. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions last updated 15/5/2015
Contact us at:
Sunlight Taxi Sdn Bhd
