Terms of Service

Revised as of 18 Oct 2016

Background
This website is operated by Schoolber Pte. Ltd. (Company registration no.: 201628149R) (“Schoolber”), a company incorporated under the laws of Singapore.

The following terms and conditions (these “Terms of Service”) govern your access to and use of the Schoolber website (“Website”), available at www.schoolber.com.sg, and the Schoolber mobile application (“Application”) including any content, functionality and services offered on and through the Website and Application (collectively, “Schoolber Platforms”, and each a “Schoolber Platform”).

For information on how we use your data, please refer to our privacy policy at http://www.schoolber.com.sg/privacy-policy.html.   
 
Interpretation
“Account” is as defined in Clause 3.1.2.

“Charges” means the sum of monies charged by Schoolber to a Rider for the services received from a Driver;

“Driver” or “Drivers” means persons (whether individuals or corporate entities) who are registered under the Schoolber Platforms to offer transportation services to Riders.

Full Time Driver” or “Full Time Drivers” means drivers who are registered under the Schoolber Platforms to offer transportation services to Riders on a full-time basis, subject to such licensing terms or conditions as may be imposed by the relevant authorities.
 
“Member” or “Members” means an individual or individuals registered either as a Rider or Driver under the Schoolber Platforms in accordance with the terms set out below.

“Member Content” is as defined in Clause 4.3.

“Rider” or “Riders” means an individual or individuals registered under the Schoolber Platforms to search for or make transportation arrangements for himself or herself or his or her
dependant(s).

“Rider Charges” is as defined in Clause 5.1.2.

“Subscription Charges” is as defined in Clause 5.1.1.
 
1.      Contractual Relationship
These Terms of Service constitute a legal agreement between Schoolber and users of the Schoolber Platforms that applies to all services provided by Schoolber. By registering with, downloading or accessing a Schoolber Platform, a user indicates that he or she has agreed to comply with these Terms of Service (as may be updated by Schoolber in its sole and absolute discretion from time to time, by publishing the updated Terms of Service on the Schoolber Platforms). You understand and agree that if you use a Schoolber Platform after the date on which the Terms of Services have changed, your use shall be deemed as acceptance of the updated Terms of Service.
 
2.      The Schoolber Platforms
The Schoolber Platforms constitute a technology platform which assists Members in finding, contacting and communicating with other Members for the purposes of making transportation arrangements.

YOU ACKNOWLEDGE THAT SCHOOLBER DOES NOT PROVIDE TRANSPORTATION SERVICES AND THAT IT IS NOT A TRANSPORTATION PROVIDER. THE SERVICE OF SCHOOLBER IS TO LINK MEMBERS UP FOR THE PURPOSE OF MAKING TRANSPORTATION ARRANGEMENTS
, BUT DOES NOT PROVIDE TRANSPORTATION SERVICES AND DOES NOT INTEND ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. THE COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY TRANSPORTATION PROVIDERS AND/OR ANY TRANSPORTATION SERVICES PROVIDED TO MEMBERS.  

2.1   Licence
Subject to your compliance with these Terms of Service, Schoolber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to: (i) access and use the Schoolber Platforms on your personal device solely in connection with your use of services provided by Schoolber; and (ii) access and use any content, information and related materials that may be made available through the Schoolber Platforms, in each case solely for your personal,
noncommercial use. Any rights not expressly granted herein are reserved by Schoolber and Schoolber’s licensors.

2.2   Restrictions
You may not:
2.2.1      remove any copyright, trademark or other proprietary notices from any portion of the Schoolber Platforms;
2.2.2      reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Schoolber Platforms except as expressly permitted by Schoolber;
2.2.3      decompile, reverse engineer or disassemble the Schoolber Platforms except as may be permitted by applicable law;
2.2.4      link to, mirror or frame any portion of the Schoolber Platforms;
2.2.5      cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Schoolber Platforms or unduly burdening or hindering the operation and/or functionality of any aspect of the Schoolber Platforms; or
2.2.6      attempt to gain unauthorized access to or impair any aspect of the Schoolber Platforms or their related systems or networks. 

2.3   Third Party Services and Content
The Schoolber Platforms may be made available or accessed in connection with
third party services and content (including advertising) that Schoolber does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Schoolber does not endorse such third party services and content and in no event shall Schoolber be responsible or liable for any products or services of such third party providers.

2.4   Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Schoolber Platforms. Your mobile network’s data and messaging rates and fees may apply if you access or use the Schoolber Platforms from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Schoolber Platforms and any updates thereto. Schoolber does not guarantee that the Schoolber Platforms, or any portion thereof, will function on any particular hardware or devices. In addition, the Schoolber Platforms may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

2.5   Ownership
The Schoolber Platforms and all rights therein are and shall remain
Schoolber’s property or the property of Schoolber’s licensors (as the case may be). Neither these Terms of Service nor your use of the Schoolber Platforms convey or grant to you any rights: (i) in or related to the Schoolber Platforms except for the limited licence granted above; or (ii) to use or reference in any manner Schoolber’s company names, logos, product and service names, trademarks or services marks or those of Schoolber’s licensors.
 
3.      Membership Information

3.1   Member Accounts
3.1.1      Only Members may make transportation arrangements on Schoolber Platforms.
3.1.2      Persons who have completed the prescribed membership application will be granted a membership account (“Account”). Member registration should be carried out by the person applying to be a member. Registration by a representative or on behalf of a corporate entity will not be valid (except in the case of a
Full Time Driver).
3.1.3      Persons younger than 18 years of age cannot register to be Members of the Schoolber Platforms. Furthermore, those who have previously had their Accounts disabled or have been judged unfit for membership by Schoolber may be refused.

3.2   Member Information
3.2.1      When registering as a Member, please accurately enter all necessary information in the prescribed entry form.
3.2.2      Please update any changes in your registered information as soon as possible. Schoolber will not be held responsible for any damages resulting from inaccurate or out of date information.

3.3   Managing Username and Password
3.3.1      Members should be responsible for the security of their username and password and it is recommended that Members change their passwords periodically to prevent unauthorized usage or theft of password by third parties.
3.3.2      A Member who has signed in using his or her username and password will be deemed to have used the Schoolber Platforms, even if it was actually used by persons other than the Member due to theft or unauthorized usage. Schoolber shall not be liable for any loss or damage including consequential losses arising out of such unauthorized usage or theft.

3.4   Closing of Account
When a Member wishes to close their Account they may apply for closure of the Account by writing
in to Schoolber via the following link customerservice@schoolber.com.sg. The Account will be closed once the prescribed cancellation procedures have been completed. However, closure of the Account does not entitle a Member to a refund of any fees already paid.
 
4.      Conduct
4.1   Prohibited Behaviour
While interacting with each other on the Schoolber Platforms and in the course of receiving and/or providing the transportation services, all users, including the Drivers, Riders and dependant(s) are expected to be respectful of each other and to refrain from the following behaviours:

4.1.1      Inappropriate Behaviour & Language – Rude, abusive, improper language or violent messages will not be tolerated and may result in an account warning or the suspension/removal of a Member’s Account.
4.1.2      Harassment - We do not tolerate users who engage in targeted abuse or harassment towards other users.
4.1.3      Fraud / Unlawful Use - You may not use Schoolber for any unlawful purposes or to conduct illegal activities.
4.1.4      Damage or Destruction of Property – Riders should exercise care and caution so as to not damage the property of the Drivers and to ensure that their dependant(s) refrain from damaging such property.
4.1.5      Privacy & Identity - You may not publish or post the private and confidential information of other people. Members further confirm that whatever information they receive from another Member, which is not in the public domain, shall not be used for any purpose whatsoever other than for the making of transportation arrangements via the Schoolber Platforms.
4.1.6      Intellectual Property Infringement – You may not engage in the unauthorized reproduction, transmission or distribution of all or part of the information provided on the Schoolber Platforms to third parties.
4.1.7      Phishing and Spam – Any attempts to publish or send malicious content with the intent to compromise another Member’s account or computer environment are strictly prohibited. Please respect our Members’ privacy by not contacting them for commercial purposes without their consent.
4.1.8      Abuse and Spam – You may not degrade or violate the rights of other Members and third parties or undertake actions that may negatively affect the physical and mental
wellbeing of minors, and other actions that threaten public order and standards of decency.
4.1.9      Selling or Sharing Accounts - You may not buy or sell Schoolber Platform accounts. Lending or giving a username and password to a third party, or sharing a username and password with a third party is also prohibited.
4.1.10   Religious activities – You may not the Schoolber Platforms for the purpose of recruiting
membership for a particular ideology or religion. 

Schoolber reserves the right to without warning suspend service, change a Member’s username and password, or disable a Member’s Account due to
breach of these Terms of Services or due to any illegal or inappropriate use of the Schoolber Platforms. To the extent permissible under the law, Schoolber will not bear any responsibility for any resultant damages from such suspension, change of username and password or disabling of the Account.

4.2   Prohibition on Private Brokering
You undertake not to engage, communicate or make any arrangements for services privately or through platforms other than the Schoolber Platforms that amount to circumvention of the services provided by Schoolber, regardless of whether your Account has been cancelled. Schoolber shall not be in any way liable for any arrangements between Members, Riders or Drivers not made via the Schoolber Platforms. Schoolber also reserves its right to bring any cause of action that it may have against Members, Riders or Drivers who engage in private brokering.  
 
4.3   Member Provided Content
Schoolber may, in
Schoolber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Schoolber through the Schoolber Platforms textual, audio, and/or visual content and information, including commentary and feedback related to the Schoolber Platforms, initiation of support requests, and submission of entries for competitions and promotions (“Member Content”). Any Member Content provided by you remains your property. However, by providing Member Content to Schoolber, you grant Schoolber a worldwide, perpetual, irrevocable, transferrable, royalty-free licence, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Member Content in all formats and distribution channels now known or hereafter devised (including in connection with the Schoolber Platforms and Schoolber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content or you have all rights, licences, consents and releases necessary to grant Schoolber the licence to the Member Content as set forth above; and (ii) neither the Member Content nor your submission, uploading, publishing or otherwise making available of such Member Content nor Schoolber’s use of the Member Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide Member Content that is defamatory,
libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Schoolber in its sole discretion, whether or not such material may be protected by law. Schoolber may, but shall not be obligated to, review, monitor, or remove Member Content, at Schoolber’s sole discretion and at any time and for any reason, without notice to you.

5.      Riders
5.1   Payment
Please refer to the FAQs for further information: http://www.schoolber.com.sg/faq.html
 
5.1.1      Subscription Charges 
Subscription charges are payable by Riders for the use of the Schoolber Platforms’ scheduling and calendaring function (“Subscription Charges”). The current annual rates (which may be revised from time to time by Schoolber at its sole discretion) are set out below: 

  • 1 trip a day: $30 per year

  • 2 trips a day - $60 per year

  • Unlimited trips - $97 per year

For avoidance of doubt, Subscription Charges are non-refundable even if the Member ceases to use the Schoolber Platforms or closes his or her Account with an unexpired subscription. Payment of the Subscription Charges does not guarantee that a Driver will be available at the requested times. 
 
Rider Charges (please refer to the charges set out below) are not included in the Subscription Charges.
 
5.1.2      Rider Charges
You understand that use of the Schoolber Platforms for the provision of services from a Driver may result in you incurring charges payable for the services (“Rider Charges”). After you have received services obtained through your use of the Schoolber Platforms, Schoolber will facilitate your payment of the applicable Rider Charges on behalf of the Driver as such Driver’s limited payment collection agent. Payment of the Rider Charges in such manner shall be considered the same as
payment made directly by you to the Driver. Rider Charges will be inclusive of applicable taxes where required by law. Rider Charges paid by you are final and non-refundable, unless otherwise determined by Schoolber.

All Rider Charges are due immediately and payment will be facilitated by Schoolber using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Schoolber may, as the Driver’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Schoolber, Schoolber reserves the right to establish, remove and/or revise Rider Charges for any or all services or goods obtained through the use of the Schoolber Platforms at any time at
Schoolber’s sole discretion. Schoolber will use reasonable efforts to inform you of Rider Charges that may apply, provided that you will be responsible for Rider Charges incurred under your Account regardless of your awareness of such Rider Charges or the amounts thereof.

You may elect to cancel your request for a ride from a Driver, not applying to
Full Time Driver assigned by Schoolber, at any time prior to such Driver’s arrival, in which case you may be charged a cancellation fee.  

5.2   Assumption of risk and exclusions
5.2.1      Quality of Drivers:
While Schoolber obtains a copy of a Driver’s driving licence and motor insurance policy at the time of registration as a Driver, Schoolber does not provide any warranty and is not responsible for ensuring the safety of the transportation provided by the Driver. Schoolber also does not guarantee the quality, suitability or ability of the Driver, and recommends that parents exercise their discretion in selecting a Driver.

5.2.2      Monitoring:
For
avoidance of doubt, you shall be solely responsible for the monitoring of transport services provided by a Driver to you or your dependant(s), which you may do so via the tracking function on the Schoolber Platforms.SCHOOLBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A DRIVER, EVEN IF SCHOOLBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCHOOLBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SCHOOLBER’S REASONABLE CONTROL.

SCHOOLBER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH DRIVERS, BUT YOU AGREE THAT SCHOOLBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION PROVIDED TO YOU BY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
 
6.      Drivers
6.1   Provision of transport services
Unless you are a Full-Time Driver, you undertake to only provide a maximum of two (2) rides per day to any individual for a fee, regardless of whether the recipient of the ride is a Rider. All
Full Time Drivers must obtain the relevant private-hire car driver’s vocational licence and comply with the applicable laws.

6.2   Payment
Schoolber will facilitate the payment of the applicable Rider Charges by Riders on behalf of the Driver as such Driver’s limited payment collection agent. Schoolber has the right to retain a certain percentage of the Rider Charges as may be agreed between Schoolber and the Driver, exclusive of applicable taxes where required by law.

6.3   Assumption of risk
6.3.1      Schoolber shall not be liable to the Driver for the Rider’s use of the services, including but not limited to damage to the Driver’s property that may be caused by a Rider.
6.3.2      While Schoolber will take steps to ensure that a Rider has provided valid payment details in his Account, Drivers shall bear the risk of non-payment by a Rider resulting from causes beyond
Schoolber’s reasonable control.

6.4   Representations and Warranties
By signing up to be a Driver and for as long as you remain a Driver, you represent and warrant to Schoolber that:

6.4.1      you have, and shall have at all times where you are acting as a Driver, a valid and applicable driver’s licence and motor insurance policy and where required, the vehicle has been registered with the relevant authorities;
6.4.2      you shall not permit another person to use your Account for the purposes of providing transport services; and
6.4.3      you are in full compliance with all applicable laws and regulations. 

6.5    Reservation of rights
Schoolber reserves the right to suspend any Driver in breach of these Terms of Services and reserves any cause of action it may have against a Driver arising from the Driver’s breach of any of these Terms of Service.
 
7.      Disclaimers; Limitation of Liability; Indemnity
7.1   DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SCHOOLBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SCHOOLBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SCHOOLBER PLATFORMS OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SCHOOLBER PLATFORMS, OR THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SCHOOLBER PLATFORMS, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

7.2   LIMITATION OF LIABILITY
SCHOOLBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SCHOOLBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCHOOLBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SCHOOLBER PLATFORMS OR YOUR INABILITY TO ACCESS OR USE THE SCHOOLBER PLATFORMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 7.2 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

7.3   Indemnity
You agree to indemnify and hold Schoolber and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use of the Schoolber Platforms or services or goods obtained through your use of the Schoolber Platforms; (ii) your breach or violation of any of these Terms of Service; (iii) Schoolber’s use of your uploaded Member content; or (iv) your violation of the rights of any third party.
 
8.      Suspension, Alteration or Abolishment of the Schoolber Platforms
Schoolber may suspend, alter or abolish part of or the entirety of the Schoolber Platforms at its sole and absolute discretion.
 
9.      Severance
If any provision of this Terms of Service is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of this Terms of Service, which shall remain valid and enforceable.
 
10.   Third Party Rights
A person who is not a party to these Terms of Service has no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of these Terms.

11.   Governing Law and Jurisdiction
These Terms of Service shall be governed and construed in accordance with laws of the Republic of Singapore. Any dispute arising out of or in connection with these Terms of Service including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of Singapore.