Important - please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use (as defined below). You further agree to the representations made by yourself below. If you do not agree to the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement“) constitute a legal agreement between you and LI-NK LIMOUSINE PTE. LTD. In order to use the Service, you must agree to the Terms of Use that are set out below. By using the web application or mobile application supplied to you by the Company (the “Application“), and downloading, installing or using any associated software supplied by the Company (the “Software“) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third-party transportation providers, drivers and vehicle operators (collectively, the “Service“), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at https://www.li-nk.com/terms-of-use or through the Application.
The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at https://www.li-nk.com/terms-of-use. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country“) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at https://www.li-nk.com/terms-of-use.
The Company is a transportation provider. The service of the Company is to provide transportation services. Except for cases of gross negligence on the side of the Company, the Company is not responsible nor liable for the acts and/or omissions of any third-party transportation provider and/or any transportation services provided to you.
By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.
You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than the purposes for which the Software and/or the Application is intended to be used.
By using the Software or the Application, you agree that:
You agree to indicate the accurate number of passenger(s) and luggage when requesting for the Service. You further acknowledge and agree that if the information on the number of passengers and/or luggage is untrue or inaccurate, the Company is entitled to cancel your booking and you may be charged a Cancellation Fee of 100% of the fare.
You agree to indicate the need for any additional requirements like traveling with a wheelchair, stroller, requirement for child seat or booster when requesting for the Service. You further acknowledge and agree that if you do not provide correct information on additional requirements and as a result thereof, the Company is not able to fulfil your booking, you may be charged a Cancellation Fee of 100% of the fare.
You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third-party service provider, the Company or any third-party as a result of any breach of these Terms of Use.
You acknowledge and agree that when you make a booking through the Application, the most economic route will be decided by the driver performing the service. You further acknowledge and agree that the actual route taken by the driver may differ from the usual or most common route. This does not affect the fare for your booking.
Once you have completed a journey using the Service, you are required to make payment in full to the Company. The Company has the right to invoice the performed service immediately after the service is rendered or accumulate multiple booking for periodic invoicing. Invoices are due within 30 days of the invoice date. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the Company within 3 working days. You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
You may cancel your request for transportation services at any time before you commence your ride with the third-party transportation provider that has been matched with you by the Service.
If after placing a booking you decide to cancel your booking or do not show up at the requested pickup location, you may be charged a Cancellation Fee as per agreement with the Company.
The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software; (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third-party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (vii) engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party transportation providers’ logos and the product names associated with the Software and/or the Application are Intellectual Property Rights belonging to the Company or third parties and may be trademarked by the Company. No right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
You agree and consent to the Company, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing your Personal Data perform the Services, validate and process payments, refunds, rebates and charges and as further described in our Privacy Policy as published at https://www.li-nk.com/privacy-policy.
You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third-party service provider’s vehicle as a result of your (mis)use of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third-party service provider via your designated payment method, in the event a request for repair or cleaning request by the third-party service provider has been verified by the Company.
By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third-party transportation providers, third-party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third-party, including third-party transportation providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application.
The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service, the application and/or the software. The Company does not represent or warrant that (a) the use of the service, the application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information or other materials purchased or obtained by you through the application will meet your requirements or expectations, (e) errors or defects in the application and/or the software will be corrected, or (f) the application or the server(s) that make the application available are free of viruses or other harmful components, or (g) the application and/or the software tracks you or the vehicle used by the third-party transportation provider. The service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent.
The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third-party transportation or other services and products obtained by or from third parties through the use of the service, the application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the service, and any third-party services and products, including but not limited to the third-party transportation or other services and products remains solely and absolutely with you and you shall have no recourse whatsoever to the Company.
The Service, the Application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third-party transportation provider being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Any claims against the Company by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. In no event shall the Company and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, the application and/or the software including but not limited to the use or inability to use the service, the application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third-party provider, merchant, advertiser or sponsor whose advertising appears on the website or is referred to by the service, the application and/or the software, even if the Company and/or its licensors have been previously advised of the possibility of such damages.
The Company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third-party providers including third-party transportation providers and you expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to the third-party providers including third-party transportation providers.
Unless you are a corporate customer with a current corporate account with the Company, the Company cannot and will not play any role in managing payments between you and the third-party providers, including third-party transportation providers. Responsibility for the decisions you make regarding services and products offered via the service, the software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from your use of the service, the software and/or the application, or in any way related to the third parties including third-party transportation providers introduced to you by the service, the software and/or the application.
The quality of the third-party transportation services scheduled through the use of the service is entirely the responsibility of the third-party transportation provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
This Agreement as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
This Agreement shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC“), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules“) by a sole arbitrator appointed by the mutual agreement of you and the Company (the “Arbitrator“). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.
The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Service.
If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third-party transportation provider under this Agreement.