1. Acceptance of Terms and Conditions
We will notify you by email or through a notification on the MedAsia Cabs App in the event that we make a significant change to these terms and conditions. You will be deemed to have accepted such change if you keep on using the MedAsia Cabs App.
2. Who we are
The service of connecting passengers with drivers to move around between locations of their choice is provided by Sea Pebbles Catering Ltd., a private limited liability company, registered in Malta (Company Registration Number C80952), whose registered office is situated at 90, The Strands, Sliema (the ‘Company’). Throughout these terms and conditions any reference to the terms ‘us’, ‘we’ or ‘our’ will be a reference to the Company.
3. Scope of our Service
Through our MedAsia Cabs App, we provide an online platform through which drivers can reach out to passengers to offer their transport services and through which relevant visitors of the MedAsia Cabs App can be provided with such transport services. We act solely as a channel of communication between you and the driver, transmitting the relevant details to the relevant driver and sending you a notification for and on behalf of the relevant driver(s). You acknowledge that your ability to obtain transport services through the use of the MedAsia Cabs app does not establish us as a provider of transportation.
4. Relationship with Drivers
We have separate terms and conditions governing our relationship with drivers. In turn each driver may provide his own terms and conditions for the transport of passengers that govern the transport service provided. You are to note that transport service provided by drivers is provided in their own independent capacity as service providers. This entails that you might be required to accept the driver’s own terms and conditions for transport of passengers.
By using MedAsia Cabs app, you enter into a direct legally binding contractual relationship with the driver for the provision of transport services. Any issues or disputes that may arise in connection with the transport service provided by drivers is to be resolved by the passengers and drivers. We will provide you with relevant data concerning drivers on our MedAsia Cabs App. We will also provide you with fiscal receipts for trips taken with drivers.
5. Use of the Transport Service
In order to use the transport service, you are to register for and keep an active personal user services account. It is necessary that you be at least 18 years of age to obtain a services account. We require you to provide us with certain personal information, such as your name, address, mobile phone number and age and at least one valid payment method supported by us. This information is to be kept accurate, complete and up-to-date in your services account. Unless you do so, you might be unable to access or use the transport service.
You are to keep your username and password secure and secret at all times. Unless permitted by us, you may only possess one account.
You agree to comply with all applicable laws when accessing or using the transport services and you may only access or use the transport service for lawful purposes.
We may contact you by telephone or text messages at any of the phone numbers provided by you or on your behalf in connection with a MedAsia Cabs account.
You will be charged for making use of the transport service. The charges will be all inclusive.
Payment is effected either through payment to the driver directly (in cash) or else through our payment method system.
The payment method system means cards, carrier billing and other payment methods used by the passenger using the MedAsia Cabs App to pay for the transport services. If you choose to pay through the latter means, charges and payment will be enabled by us by using the preferred payment method that you would have chosen in your account. After effecting payment, we will send you a fiscal receipt by email. If for any reason we are unable to effect payment through your preferred method of payment, we will use a secondary payment method indicated in your account, if any. Charges paid by you are final and non-refundable, unless otherwise determined by us on a case by case basis.
By providing a payment method service, we collect payment on behalf of the providers of the transport service. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to our bank account and is completed. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available. When making payments by the in-App payment service, we receive your payments and forward money to the driver. In this respect, you may be asked for additional information to verify payment method.
You are to note that when making use of the payment method service, there may be third-party payment costs. We are not responsible for such costs and disclaim all liability in this regard. Moreover, your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider.
Our responsibility is limited to the functioning of the payment method service and we provide support in resolving problems. The resolution of disputes related to the in-App payment service also takes place through us. For payment support service please contact: __________________. We will endeavor to reply to inquiries submitted by e-mail or through MedAsia Cabs App within a reasonable time.
7. Ordering and cancelling transport service
An order for transport service is complete when you place an order and the driver has agreed to undertake that order, whereupon you will enter into a separate agreement with the driver for the provision of transport service on such terms and conditions as may be agreed to with the driver. This is without prejudice to the terms and conditions entered into by you and the driver respectively with us.
If you cancel the use of an ordered transport service, that is, if the driver has accepted your request and you subsequently reject, cancel or refuse the transport service, then that request is deemed cancelled and you will be required to pay a penalty fee as specified in the MedAsia Cabs App which penalty fee differs depending on the time period within which you cancel the transport service.
When the driver notifies you about the arrival of the vehicle to its destination and passenger does not arrive at the vehicle within a certain time period as specified in the MedAsia Cabs App, the request will also be deemed cancelled and the consequences described herein shall similarly apply.
You are to note that sometimes the relevant driver may decide to cancel your request. You agree that we are not responsible for such situations and we will incur no liability whatsoever in respect thereof.
We reserve the right in our sole discretion to block your account either temporarily or permanently in the event that you cancel a transport service frequently or in successive instances. Reactivation of account will be evaluated on a case by case basis.
You are to note that once the driver arrives and sends you a notification that he or she has arrived the MedAsia Cabs App may begin charging you a fee on a waiting time basis according to the rates specified in the MedAsia Cabs App.
You are responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the transport service under your account in excess of normal “wear and tear" damages and necessary cleaning (“Repair or Cleaning"). We reserve the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your account, if this is verified. Such amounts, as well as those pertaining to lost and found goods, will be transferred by us to the relevant driver, if applicable, and are non-refundable.
8. Liability, Disclaimer and Indemnity
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to a breach of our obligations in respect of our services.
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, agents or others involved in creating, sponsoring, promoting, or otherwise making available the MedAsia Cabs App and its contents will be liable for
(i) any consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the information concerning the transport service provider as made available on our MedAsia Cabs App,
(iii) the transport service rendered or offered by the transport service provider,
(iv) any direct, indirect or consequential damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our MedAsia Cabs App, or
(v) any personal injury, death, property damage, or other direct, indirect or consequential damages, losses or costs suffered, incurred or paid by you, for any reason attributable to the transport service provider or us, unless by reason of our gross negligence or willful misconduct.
We are not responsible and disclaim any liability for the use, availability, validity, quality, suitability, fitness and due disclosure of the transport service and make no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose.
You acknowledge and agree that the relevant transport service provider is solely responsible and assumes all responsibility and liability in respect of the transport service including any warranties and representations made by the transport service provided.
Complaints or claims in respect of the transport service are to be dealt with by the transport service provider. We are not responsible for and disclaim any liability in respect of such complaints, claims and liabilities.
MedAsia Cabs App is provided on a “tale quale” basis and “as available” basis. We do not represent, warrant or guarantee that access to MedAsia Cabs App will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them shortly. However, the functioning of the App may be restricted due to occasional technical errors and we are not able to guarantee that the App will function at all times.
Notwithstanding anything contained herein, our liability to you in respect of these terms and conditions or howsoever otherwise arising in relation therewith shall be limited to five hundred Euro (EUR500).
You agree to fully indemnify and hold us, our representatives, employees and directors harmless from any claims or losses including liabilities, damages, costs and expenses of any nature that they suffer as a result of your use of the MedAsia Cabs App including the journeys you obtain through your use of the MedAsia Cabs App.
We reserve the right to immediately end your use of the MedAsia Cabs App if you breach these terms and conditions or we consider it necessary to protect our integrity or the safety of drivers. This is without prejudice to any other remedy that we may have at law or in terms of these terms and conditions.
9. Passenger’s good practice
You are to pursue any matters arising concerning defects or quality of the transport services with the transport service provider or the relevant public authority.
You may give us your feedback through the MedAsia Cabs App.
You are expected to use the MedAsia Cabs apps in good faith and to act in a respectful manner towards the drivers. In the event that you violate these terms and conditions or act maliciously, we reserve the right to close your account without prior notice. This is without prejudice to any other remedy or right we have hereunder by law.
We will use our best endeavours to ensure that drivers are respectful towards passengers and provide a professional transport service. However, we cannot guarantee this in respect of every driver located through the MedAsia Cabs App.
10. Final Provisions
The terms and conditions will be governed by and construed in all respects in accordance with the laws of Malta. Any dispute concerning the interpretation or enforcement of the terms and conditions shall be subject to the exclusive jurisdiction of the Maltese Courts.
If any provision of the terms and conditions is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.