Terms and Conditions
General Terms and Conditions
Important – Please review these General Terms and Conditions (“Terms”) thoroughly. By accessing or utilizing the Services (as defined below), you acknowledge that you have read, understood, and accepted these Terms. You also affirm the accuracy of the representations stated herein. If you do not agree with these Terms or prefer not to proceed with the Services, we advise you to discontinue using the Workshop2u Application (as defined below) and any related Services.
Article 1: Definitions
The terms below shall have the respective meanings ascribed to them, unless the context requires otherwise. Words denoting one gender include the other gender, and words denoting the singular include the plural and vice versa:
1.1 “Account” means an account duly registered and maintained through the Application or the Website that enables the Applicant to become a Member.
1.2 “Affiliated Company” means any business partner, third-party vendor, service provider, parent company, or subsidiary of the Company.
1.3 “Applicant” means any person who intends to register for an Account.
1.4 “Application” means the Workshop2u mobile application and any other application for mobile devices, which is owned and operated by the Company, and enables the Member to consume the Services.
1.5 “CDL” means a Competent Driver’s License applicable for a driver to operate the Vehicle who has passed at least the probationary stage defined under the applicable Malaysian local laws, or a valid international driving license, or international driving permit.
1.6 “Company” means Workshop2u.
1.7 “Credit” means a credit worth Ringgit Malaysia One (RM1.00) issued by the Company in exchange for Ringgit Malaysia One (RM1.00) paid by the Member to the Company.
1.8 “Designated Location” means the locations designated by the Company from which the Vehicle shall be collected or to which the Vehicle shall be returned, taking into account the context in these Terms and the nature of the reservation, and will include any other locations indicated in the Application.
1.9 “Driving Licence” means a physical copy of either a CDL or a PDL.
1.10 “Fees” means the fees payable to the Company by the Member for the use of any Services, including the Service Fees, Repair Fees, Other Fees, and any fees that are stated in any Individual Terms.
1.11 “Force Majeure Event” means any event beyond the control of the Company or the Members, including, without limitation, strikes, work stoppages, accidents, epidemics, pandemics, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss, or malfunctions of utilities, or communications or computer (software and hardware) services.
1.12 “Identity Verification Process” means the process undertaken prior to the Service Period to confirm the identity of the Member who made the booking. The process may include collecting the Member’s name and email address or any other verification method as prescribed by the Company from time to time.
1.13 “Individual Terms” means any terms, guidelines, and policies for any Services offered by the Company as may be published and/or amended by the Company from time to time.
1.14 “Intoxicants” means alcohol, drugs, stimulants, thinners, or any other intoxicating substances or substances that will impair the Member’s ability to operate the Vehicle.
1.15 “Member” means a person who has a valid Account, provided accurate personal information to the Company, and is in compliance with these Terms in order to use the Services. The term “Membership” shall be construed accordingly and shall include the Member’s Account.
1.16 “Other Fees” means the other fees payable to the Company as set out in Appendix I.
1.17 “PDPA” means the Personal Data Protection Act 2010 of Malaysia.
1.18 “Personal Data” shall have the meaning ascribed to it under the PDPA.
1.19 “Runner” means the person responsible for operating the Vehicle under Workshop2u.
1.20 “Privacy Notice” means the privacy policy of the Company published on the Application and the Website, which regulates the collection, use, and processing of the Personal Data by the Company.
1.21 “Prohibited Area” means an area where motor vehicles are prohibited from parking or an area where the risk of damage or theft of motor vehicles is reasonably high.
1.22 “Services” means any or all services offered by the Company or by an Affiliated Company through the Company, including but not limited to car delivery, servicing, and maintenance, which are available through the Website and/or the Application.
1.23 “Super Collision Damage Waiver” or “SCDW” means the waiver to pay for any damage to the Vehicle and any other associated cost not caused by the Member’s act or omission. Subject to terms herein, the Member shall only be liable to make payment for the excess amount as stipulated in Appendix II, provided that the Member has opted and paid for the SCDW.
1.24 These “Terms” means these General Terms and Conditions.
1.25 “Terms of Use” means the Website and Application Terms of Use published on the Application and the Website, which sets out the terms and conditions for anyone who uses the Application and/or the Website.
1.26 “Vehicle” means a motor vehicle entrusted by the Member to Workshop2u for repair or maintenance services.
1.27 “Website” means the site of “https://www.workshop2u.com” operated by the Company through which the Member may, among others, retrieve information about their Account and purchase the Services.
2.1 These Terms form a legally binding agreement between the Member and Workshop2u.
2.2 The purpose of these Terms is to define the rights, obligations, and procedures necessary for the Member and Workshop2u, as well as the use of the Services, Application, and Website.
2.3 Workshop2u makes these Terms available on the Application and Website, ensuring they are accessible to all Members. Any matters not covered within these Terms shall be governed by additional guidelines and/or Individual Terms published by Workshop2u on the Application and/or Website, in accordance with reasonable industry practices and standards, and subject to Malaysian laws and regulations.
2.4 The Terms of Use, Individual Terms, and Privacy Notice, as published on the Application and/or Website, are incorporated as part of these Terms.
3.1 Any updates, additions, revisions, replacements, modifications, or removal of these Terms will be published periodically on the Workshop2u Website and/or Application. Members are advised to check the Website and/or Application regularly to stay informed of the latest Terms. The updated Terms will supersede previous versions and will take effect immediately upon publication on the Website and/or Application.
3.2 Workshop2u, at its sole discretion and without obligation, may notify Members of any significant amendments to these Terms via the email address provided during Account registration if the changes are deemed substantial.
3.3 By continuing to use the Account or Services, or by not terminating the Account within 30 days of the effective date of such amendments, the Member is deemed to have accepted the revised Terms.
3.4 For clarity, Workshop2u shall not be held responsible for ensuring Members are aware of amendments to these Terms.
3.5 If the Member disagrees with any amendments to these Terms, the Member must discontinue using the Account and Services and notify Workshop2u to terminate the Account immediately.
4.1 Creation of Account
4.1.1 To access the Services, the Applicant must first become a Member by registering for a valid and active Account through the Workshop2u Application, which is available on iOS, Android, or other mobile operating systems, or via the Website.
4.1.2 During the registration process, the Applicant may be required to provide information, including Personal Data. (Refer to the Privacy Notice and Article 8 for details on the collection, use, and processing of Personal Data.) The Applicant’s Personal Data may also be used for conducting background checks and, if necessary, disclosed to third parties for this purpose, to which the Applicant hereby consents.
4.1.3 All information provided by the Applicant during the registration process must be truthful and accurate, as it will be regarded as representations made by the Applicant.
4.1.4 By registering for an Account, the Applicant represents and warrants that:
- 4.1.4.1 They have read and understood these Terms.
- 4.1.4.2 They agree to adhere to these Terms, forming a binding contractual relationship with Workshop2u.
- 4.1.4.3 They are legally capable of entering into a binding agreement.
- 4.1.4.4 They are not violating any applicable laws or third-party rights by entering into this relationship.
- 4.1.4.5 They are duly authorized to enter into a legal agreement (if applicable).
- 4.1.4.6 They are at least 18 years old.
- 4.1.4.7 They have read the Privacy Notice and consent to Workshop2u using their Personal Data as described.
4.1.5 The Member must immediately inform Workshop2u if any representations or warranties in these Terms change.
4.1.6 Workshop2u reserves the right to reject an Applicant’s registration under any of the following circumstances:
- If the Applicant is a former Member whose Membership was terminated or suspended without written approval for reinstatement.
- If the Applicant fails to provide valid identification or uses false identification.
- If the Applicant provides false information or fails to respond to identity verification requests.
- If the Applicant is under the age of 18.
- If Workshop2u deems the Applicant ineligible based on its judgment or due diligence background checks.
4.1.7 Workshop2u may request additional personal or credit information if it determines the Applicant’s ability to pay the Fees is uncertain or if providing Services may be detrimental to either party.
4.1.8 The Applicant becomes a Member once the Account registration process is completed and approved, establishing a contractual relationship with Workshop2u.
4.1.9 The Member is responsible for maintaining the confidentiality of their login credentials and for preventing unauthorized access. The Member assumes full responsibility for all activities under their Account.
4.1.10 If unauthorized use of the Account occurs, the Member must immediately notify Workshop2u and follow its instructions.
4.1.11 Workshop2u is not liable for any damages resulting from the Member’s violation of these Terms.
4.2 Withdrawal of Membership
4.2.1 The Member may request Account termination at any time by notifying Workshop2u via email, in-app messaging, or other methods provided on the Website. Termination will only occur after any outstanding Fees are settled.
4.2.2 Voluntary termination subjects the Member to a 3-month restriction period for reapplication unless waived by written approval from Workshop2u.
4.2.6 Any promotional credits granted upon Account registration will not carry monetary value, nor will they be refunded or transferred upon termination. Reapplication for Membership will not include additional promotional credits.
4.3 Access to the Account by Workshop2u
The Member consents to Workshop2u accessing, preserving, or disclosing Account information if necessary to:
- Comply with laws or regulations.
- Comply with legal processes.
- Enforce these Terms.
- Respond to claims.
- Address Member requests.
- Protect the rights, property, or safety of Workshop2u, its Members, or the public.
4.4 Notice to Members
Unless specified otherwise, Workshop2u will notify Members through:
- Email.
- Written correspondence to the address provided.
- In-app messaging.
- Website announcements.
- SMS to the registered phone number.
4.5 Member’s Obligations
4.5.1 The Member must not:
- Breach, circumvent, or violate these Terms.
- Engage in criminal or fraudulent activities.
- Exploit, mine, or steal information from the Website or Application.
- Modify, alter, or delete Workshop2u Services without authorization.
- Post or send irrelevant, illegal, or objectionable content through the Website or Application.
- Infringe upon Workshop2u’s intellectual property rights.
- Commit acts that damage Workshop2u’s reputation or goodwill.
4.5.2 The Member must comply with all applicable laws, these Terms, and any related policies or agreements of Workshop2u and its affiliates.
5.1 Force Majeure
If Workshop2u is unable to provide the Services due to an occurrence of a Force Majeure Event, Workshop2u shall be exempted from any obligations under these Terms.
5.2 Member’s Responsibilities
Workshop2u shall not be liable for any disruption in the use of the Services caused by any act or omission of the Member. The Member is responsible for ensuring they have a compatible device and that they download the correct software for their device.
5.3 Services on an “As Is” Basis
The Services provided by Workshop2u are offered on an “as is” and “as available” basis without any guarantees, conditions, or warranties. Unless explicitly stated otherwise and to the fullest extent permitted by law, Workshop2u excludes all implied conditions, warranties, and terms that might otherwise arise by statute, common law, or equity. Workshop2u shall not be liable for any damages, including but not limited to direct, indirect, special, consequential, punitive, or incidental damages, or damages for personal injury, loss of life, use, profits, data, goodwill, reputation, or the cost of procuring substitute goods or services. This also includes damages arising out of the use, inability to use, performance, or failures of the Services, or materials, information, and data posted by the Member or others, regardless of whether such damages were foreseeable.
5.4 Limitation of Liability
Without prejudice to the above, Workshop2u’s liability, if any, shall be capped at the total Fees paid by the Member to Workshop2u within the 30 days preceding the incident that caused the damage.
5.5 Transactions with Third Parties
Workshop2u shall not be liable for any transactions, dealings, or agreements between the Member and any third party obtained through the use of the Services.
6.1 Payment Policy
6.1.1 Payment Methods
The Member shall make payment for the Fees to Workshop2u via electronic payment methods (credit/debit card or e-wallet from a reputable financial institution) or by other acceptable methods deemed appropriate by Workshop2u, as per the following procedures:
6.1.1.1 The Member must register a payment card and/or e-wallet during the Account registration process or update the Account with valid payment details.
6.1.1.2 If the Member does not cancel a reservation within the time period stated in Appendix I below, the Member will be charged as stipulated therein.
6.1.1.3 The Fees for any extension of the Service Period will be automatically charged to the registered payment card or e-wallet.
6.1.1.4 Workshop2u may take additional measures to recover any unpaid Fees due, and any incidental costs arising from such measures shall be borne by the Member.
6.1.2 Authorization
By providing their payment card and/or e-wallet details, the Member authorizes Workshop2u to charge the Fees to their registered payment card or e-wallet. If the Member registers a payment card not owned by them, they represent and warrant that they have obtained the necessary consent and authorization from the cardholder. Workshop2u shall not be held liable for any claims or damages arising from the unauthorized use of such cards, and the Member agrees to indemnify Workshop2u for any resulting losses.
6.1.3 Suspension of Services
Workshop2u reserves the right to suspend or terminate the Member’s account if they fail to make payment for any Fees due. Services will be suspended until all outstanding payments are cleared.
6.1.4 Termination for Non-Compliance
Failure to comply with these Terms may result in the termination of the Member’s account, at which point any unpaid Fees shall become immediately due and payable.
6.2 Damage to Property and Loss of Use
6.2.1 Liability for Damage
The Member shall indemnify Workshop2u for any damages to property, tools, or equipment resulting from the Member’s actions. Damages payable will be equivalent to the actual cost of repairs or replacement. The Member shall also compensate Workshop2u for any loss of use caused by their actions, calculated using the formula stated in Appendix I (Other Fees).
6.2.2 Violations and Penalties
The Member agrees to indemnify Workshop2u for any fines or legal fees incurred due to violations of laws or regulations caused by the Member.
6.3 Payment Procedures
6.3.1 Fees and Billing Policies
The Member agrees to abide by the payment and billing policies stated in these Terms for using Workshop2u Services.
6.3.2 Automatic Charges
The Fees will be charged automatically to the Member’s registered payment card or e-wallet prior to the start of the Service Period.
6.3.3 Other Fees
The Member agrees that Workshop2u may charge Other Fees (listed in Appendix I) to the registered payment card or e-wallet, including:
- After completion of Services.
- Upon failure to meet Service Period requirements.
- As any additional Fees become due.
6.3.4 Pre-Authorization Charges
Workshop2u reserves the right to impose refundable pre-authorization charges on the Member’s registered payment card or e-wallet.
6.3.5 Failed Payments
If Workshop2u cannot process a payment from the Member’s registered payment card or e-wallet, it will attempt to process the payment for 7 consecutive days. If unsuccessful, Workshop2u will notify the Member via SMS, after which the Member must provide an alternative payment method within 3 days. Failure to resolve payment issues may result in suspension of Services or termination of Membership.
6.3.6 Disputed Payments
The Member must notify Workshop2u in writing within 30 days of any disputed payment. Failure to do so waives the Member’s right to claim the dispute. Payment disputes will be resolved based on Workshop2u’s records.
6.4 Taxes
6.4.1 Statutory Taxes
The Member agrees that all Fees are subject to statutory taxes, duties, or costs as required by law, and any future taxes introduced.
6.4.2 Cooperation with Tax Requirements
The Member shall use their best efforts to assist Workshop2u in claiming input tax credits, rebates, or refunds related to the Services provided under these Terms.
7.1 Suspension or Termination of Account or Services
7.1.1 Workshop2u may, without prior notice to the Member, suspend or terminate the Member’s Account or provision of Services upon occurrence of any of the events listed below:
7.1.1.1 The Member breaches any of these Terms, and if such breach, in Workshop2u’s sole discretion, is capable of remedy, the Member fails to remedy the breach within the time stipulated after receiving notice from Workshop2u.
7.1.1.2 When any of the Member’s information is found to be false or incorrect.
7.1.1.3 When the Member does not pay applicable Fees in a timely manner, or the charges to the registered payment card or e-wallet cannot be completed.
7.1.1.4 When the Member uses the Services in a manner that results in damage to the goodwill or reputation of Workshop2u.
7.1.1.5 When the Member fails to fulfill any obligation or duty under these Terms on the relevant due date.
7.1.1.6 When the Member interferes with other Members’ use of the Services.
7.1.1.7 When the Member threatens, annoys, abuses, or harasses other Members, employees, or agents of Workshop2u.
7.1.1.8 When the Member uses the Services for any unlawful purpose or manipulates their Account for fraudulent purposes, including but not limited to misuse of promotions, discounts, or campaigns provided by Workshop2u.
7.1.1.9 When the Member fails to return the vehicle for repairs in a timely manner, abandons the vehicle without communication, or fails to adhere to Workshop2u’s operational protocols.
7.1.1.10 When the Member tampers with, modifies, or misuses Workshop2u’s vehicles, tools, or devices.
7.1.1.11 When Workshop2u determines that suspension or termination of the Account or Services is fit and necessary for business continuity.
Workshop2u is not obligated to provide reasons for Suspension or Termination of the Account or Services.
7.1.2 If the Account or Services are suspended or terminated pursuant to this Article, Workshop2u will not refund any Fees paid by the Member except for the balance Credits in the Member’s Wallet.
7.1.3 Upon termination of the Account or Services, the Member shall settle any outstanding fees and obligations with Workshop2u immediately.
7.1.4 The Member’s obligations under these Terms shall survive suspension or termination of the Account or Services.
7.1.5 The Member may file an appeal against termination or suspension of their Account following Workshop2u’s appeal procedures.
7.1.6 Membership may be suspended or terminated at the discretion of Workshop2u upon notification of the Member’s death or incapacitation.
7.2 Cancellation of Reservation due to Service Issues
7.2.1 If the vehicle pickup or repair service cannot proceed due to substantial pre-existing defects or operational issues, the Member may cancel the reservation.
7.2.2 If the reservation is canceled due to the above reasons, Workshop2u shall refund any Fees paid by the Member in full upon verification of the issue.
7.3 Cancellation and Waiver of Liability in a Force Majeure Event
7.3.1 If the Member is unable to proceed with the Service due to a Force Majeure Event, the reservation may be canceled with notice to Workshop2u.
7.3.2 If the cancellation occurs within the stipulated time frame, Workshop2u will refund any Fees paid.
7.3.3 If the cancellation occurs during the Service Period or outside the stipulated timeframe, no refund will be provided.
7.3.4 Workshop2u may waive liabilities, such as late returns or additional fees, due to Force Majeure, provided the Member promptly informs Workshop2u and cooperates.
7.3.5 Workshop2u shall not be liable if Services cannot proceed due to Force Majeure.
7.4 Changes and Suspension of Services
7.4.1 Workshop2u may change its Services if maintaining the current offerings is no longer commercially viable or becomes non-compliant with regulations. Members will be notified 30 days prior to such changes, where feasible.
7.4.2 Workshop2u may suspend Services under the following circumstances:
7.4.2.1 Imminent risk of Force Majeure;
7.4.2.2 Disruptions in telecommunications or essential infrastructure;
7.4.2.3 Scheduled maintenance or unforeseen technical issues;
7.4.2.4 Changes or suspension by affiliated service providers; or
7.4.2.5 Other events that impair Workshop2u’s ability to provide the Services.
7.4.3 Workshop2u reserves the right to change, replace, or suspend any Services at its discretion.
7.4.4 Workshop2u shall not be held liable for any disruption in the provision of Services.
8.1 Usage of Workshop2u Services
8.1.1 Workshop2u reserves the right to report or notify the relevant authorities if a Vehicle entrusted to Workshop2u is used for, or if Workshop2u has reason to believe the Vehicle is being used for, prohibited purposes not aligned with its intended use.
8.2 Prohibited Uses
Vehicles entrusted to Workshop2u shall not be used for the following purposes:
8.2.1 For any illegal or unlawful purposes.
8.2.2 For any morally objectionable purposes.
8.2.3 In contravention of these Terms and Conditions.
8.2.4 In a manner that could cause further damage to the Vehicle.
8.2.5 To be driven outside of Malaysia during the service period without prior notification to Workshop2u.
8.2.6 For any commercial or non-personal purposes, including but not limited to unauthorized use in ride-hailing or ride-sharing services.
8.2.7 For any other purposes deemed by Workshop2u to potentially cause harm to the Company, its staff, or the public.
8.3 Member Responsibilities
The Member shall:
8.3.1 Not forge or tamper with the license plate and/or road tax of the Vehicle while it is under Workshop2u’s care.
8.3.2 Not engage in any activities that may infringe or jeopardize the Company’s responsibility over the Vehicle, including unauthorized removal or retrieval of the Vehicle from Workshop2u’s premises.
8.3.3 Not store drugs, illegal substances, or prohibited items in the Vehicle during its service period.
8.3.4 Not remove, replace, or damage any parts of the Vehicle, including any tags, labels, or diagnostic devices affixed by Workshop2u.
8.3.5 Provide accurate and truthful information when entrusting the Vehicle to Workshop2u and during any communication regarding the Vehicle’s service.
8.3.6 Ensure that the Vehicle is handed over to Workshop2u in a condition that does not pose any health or safety hazards to Workshop2u personnel.
8.4 Refusal of Service
Workshop2u reserves the right to refuse services to any Member who contravenes this Article or engages in actions deemed harmful or detrimental to Workshop2u or its personnel.
9.1 Unavailability of Reserved Service
If Workshop2u is unable to provide the reserved service for any reason, Workshop2u shall, with prior notification to the Member, strive (but is not obligated) to offer an alternative service of a substantially similar scope and value (“Substitute Service”).
9.2 Service Fees for Substitute Service
If the fee for the Substitute Service is higher than the fee of the reserved service, the fee for the originally reserved service will apply.
9.3 Member’s Right to Decline Substitute Service
In the above circumstances, the Member may choose to decline the Substitute Service. In such cases, Workshop2u will refund the full amount of the Fees paid by the Member.
10.1 Right to Collect and Monitor Data
10.1.1 Use of Monitoring Tools
Workshop2u reserves the right to monitor and collect data related to the Member’s use of services or activities through digital tools such as the Workshop2u platform. Workshop2u owns all content collected and may review this data in the event of disputes or issues arising from the use of its services.
10.1.2 Use of Location Tracking
Workshop2u reserves the right to track the location of any vehicles or items involved in the services provided, including but not limited to tracking through the Workshop2u platform or external devices.
10.1.3 Member Consent
The Member hereby agrees and consents to Workshop2u collecting and monitoring data, including tracking the location of vehicles or items and any other relevant service-related data, as necessary for operational purposes.
10.1.4 Prohibited Actions
The Member shall not attempt to tamper with, modify, dismantle, or interfere with any devices or systems used by Workshop2u for monitoring and tracking purposes. Any such actions may result in the suspension or termination of the Member’s account, and Workshop2u reserves the right to claim damages for any losses incurred.
10.2 Use and Protection of Personal Information
10.2.1 Compliance with PDPA
Workshop2u will handle personal information in compliance with the Personal Data Protection Act (PDPA), as detailed in its Privacy Notice.
10.2.2 Information Security
Workshop2u will implement robust security measures to protect the personal data and sensitive information provided by the Member, as outlined in its Privacy Notice.
10.3 Consignment of Personal Information
Workshop2u may delegate certain functions to trusted third parties in accordance with its Privacy Notice. Such delegations may involve handling the Member’s personal data as necessary to fulfill service obligations, subject to the Member’s consent where required.
11. Indemnity
The Member shall indemnify, defend, and hold Workshop2u, its affiliated entities, and their directors, shareholders, employees, partners, agents, contractors, suppliers, vendors, and representatives harmless against any third-party claims, losses, liabilities, fines, penalties, damages, legal fees, and/or costs arising from:
11.1 Use of Services
The Member’s use of Workshop2u’s Services.
11.2 Dealings with Third Parties
The Member’s dealings with third parties, including but not limited to any arrangements or transactions facilitated through Workshop2u’s platform.
11.3 Breach of Laws
The Member’s breach of applicable laws and regulations of Malaysia or any other jurisdiction.
11.4 Violation of Third-Party Rights
The Member’s breach of third-party rights, including but not limited to rights of privacy, publicity rights, or intellectual property rights.
11.5 Breach of Terms
The Member’s breach of these Terms and Conditions.
11.6 Reasonable Actions by Workshop2u
Any reasonable actions taken by Workshop2u to address misuse of its Services or safeguard its property, including retrieval or repossession of assets.
11.7 Unauthorized Access
The access and use of Workshop2u’s Services by any other party using the Member’s unique credentials, including username, password, or other security information, with or without the Member’s authorization.
12. Anti-Corruption
Each party agrees, on behalf of itself, its officers, directors, and employees, and on behalf of its affiliates, agents, representatives, consultants, and subcontractors hired in connection with the subject matter of these Terms (together with such party, the “Party Representatives”), that for the performance of its obligations under these Terms, the Party Representatives shall not directly or indirectly pay, offer or promise to pay, or authorize the payment of any money, or give, offer or promise to give, or authorize the giving of anything else of value, to:
12.1 Any government official in order to influence official action;
12.2 Any person (whether or not a government official) (i) to influence such person to act in breach of a duty of good faith, impartiality or trust (“acting improperly”), (ii) to reward such person for acting improperly, or (iii) where such person would be acting improperly by receiving the money or other thing of value; or
12.3 Any person to reward that person for acting improperly or to induce that person to act improperly.
The Party Representatives shall not, directly or indirectly, solicit, receive or agree to accept any payment of money or anything else of value in violation of any laws and regulations relating to anti-corruption.
13. Miscellaneous
13.1 Responsibilities of Affiliated Company
13.1.1 Workshop2u and its affiliated entities are separate entities and operate independently of each other.
13.1.2 Workshop2u shall not be responsible for any dealings between the Member and affiliated entities.
13.2 Intellectual Property
13.2.1 Workshop2u is the owner (or the licensee, where applicable) of all proprietary and intellectual property rights associated with its Services, including but not limited to source code, information, data, graphics, logos, software, and other content available on the Website and Application.
13.2.2 Workshop2u grants the Member a non-exclusive, non-transferable, personal, limited license to access and use the Services for personal, non-commercial purposes. This license may be revoked at any time without notice.
13.2.3 The Member shall not copy, transmit, publish, or distribute Workshop2u’s intellectual property without prior written consent.
13.2.4 Use of Workshop2u’s materials for any purpose not permitted by these Terms is strictly prohibited.
13.3 Management of Social Media Posts
13.3.1 Workshop2u may post messages, promotions, or updates on social media platforms it maintains, such as Facebook®, TikTok®, and Instagram®. Workshop2u is not responsible for the privacy or security practices of these platforms or third-party websites linked through them.
13.3.2 If the Member tags Workshop2u in any posts, the Member grants Workshop2u a royalty-free, perpetual, non-exclusive license to use, reproduce, and share the tagged content.
13.3.3 The Member is responsible for any material they post and its consequences.
13.3.4 The Member agrees not to post material that is unlawful, defamatory, violent, or otherwise inappropriate as deemed by Workshop2u.
13.3.5 Workshop2u reserves the right to remove any material at its sole discretion.
13.4 Governing Law and Jurisdiction
13.4.1 These Terms shall be governed by Malaysian law.
13.4.2 Disputes will be submitted to the exclusive jurisdiction of Malaysian courts.
13.4.3 Parties shall attempt to resolve disputes in good faith before initiating legal action.
13.5 Entire Agreement
These Terms constitute the entire agreement between Workshop2u and the Member, superseding prior agreements. Any modifications must be in writing and signed by both parties.
13.6 No Transfer
The Member may not transfer rights or obligations under these Terms without Workshop2u’s consent.
13.7 No Waiver
Failure or delay in exercising any rights by Workshop2u does not constitute a waiver.
13.8 Severability
If any provision is deemed invalid, the remaining provisions will remain enforceable.
13.9 Lost and Found
13.9.1 Workshop2u operates a lost-and-found service for items found in vehicles under its care. Items are held for a maximum of 7 days, after which they may be disposed of. Perishable items will be discarded immediately.
13.9.2 If an item is not located in the lost-and-found, the Member is advised to file a police report. Workshop2u is not liable for any lost or damaged items.
13.9.3 Workshop2u is not responsible for any personal items lost or damaged while the Member’s vehicle is under its care.
Mileage Allowance (Covered under the Service Fees)
Workshop2u
- No mileage allowance is provided for Workshop2u trips. Users are encouraged to plan trips efficiently to minimize costs. Pre-purchasing service packages during booking is recommended.
- If no service package is selected, a charge of RM0.25 per kilometre applies for all vehicle models, except larger models like the Workshop2u VIP Shuttle, which incur a charge of RM0.40 per kilometre (West Malaysia only).
Exceeding Mileage Allowance
Workshop2u
- Charges for excess mileage depend on the selected service package.
- If no service package is selected or mileage exceeds the package limit:
- RM0.25 per excess kilometre for most vehicle models.
- RM0.40 per excess kilometre for larger vehicles like the Workshop2u VIP Shuttle (West Malaysia only).
Late Return / Exceeding Service Period Without Extension
Workshop2u
- A penalty of twice the service fee is charged per hour (or part thereof) of delay.
- Example: If the hourly service fee is RM30, each minute of delay incurs RM1 (calculated as RM30/60 minutes × 2).
Administration Fee
Workshop2u
An RM20 fee applies for:
- Dispatching the vehicle back to Workshop2u’s location.
- Communicating service issues to customers.
- Reactivating suspended user accounts.
Refund and/or Cancellation Charges
Workshop2u
Refunds are issued based on the following conditions:
- 100% refund if canceled 3 hours or more before the service period starts.
- 100% refund within 30 minutes after booking.
- 90% refund if canceled 1–3 hours before the service period starts.
- 50% refund if canceled within 1 hour but more than 10 minutes before the service period starts.
- No refund for cancellations made within 10 minutes before or after the service period starts.
Smoking in Vehicle
Workshop2u
- Smoking or using e-cigarettes in the vehicle incurs a RM100 penalty.
Vehicle Damage
Workshop2u
- The user is liable for damages not covered by insurance. Penalty: the higher of the service fee or actual repair cost.
Towing and Impounding
Workshop2u
- No cost if the breakdown is not caused by the user.
- Full cost if caused by the user’s actions.
Service Fee
Workshop2u
- An RM50 fee applies for payment of fines or violations on behalf of the user.
Traffic and Parking Violations
Workshop2u
- The user is responsible for fines/penalties for traffic violations, plus:
- Applicable service fee.
- RM20 administration fee.
- 10% interest for late payments.
Over-speeding Penalties
Workshop2u
- 130 km/h or more: RM30 penalty and potential service termination for repeated offenses.
- 150 km/h or more: RM100 penalty and termination for repeated offenses.
Excessive Cleaning, Vehicle Damages, and Other Violations
Workshop2u
- RM100 penalty for:
- Excessive cleaning.
- Damage to tires, windows, or other components.
- Returning the vehicle with low fuel or leaving doors/windows open.
Loss or Damage of Parking Card
Workshop2u
- RM100 penalty plus reissue costs.
Vehicle Damage Reporting
Workshop2u
- RM300 penalty for failing to report vehicle damage, accidents, or loss within 24 hours.
Emergency Roadside Service (ERS)
Workshop2u
- RM100 penalty if ERS is required due to user’s fault.
Loss of Use of Vehicle
Workshop2u
- Charges apply for days the vehicle is out of service for repairs due to user negligence, calculated at 50% of the daily service fee.
Violations Resulting in Account Suspension
Workshop2u
- Account suspension and penalties may be imposed for:
- Mishandling vehicles.
- Driving under the influence.
- Failing to cooperate with authorities.