1. General Definition

1.1. As used in this Agreement, “Proprietor” means Popular Rent A Car Pte Ltd. “Handbook” means the member’s handbook as may be amended from time to time by the Proprietor and which shall form an integral part of this Agreement. “Member” means the applicant who is admitted as a member of the Programme in accordance with the terms and conditions and who has paid the prescribed membership fees. “Vehicle” means the motor vehicle provided to Member by the Proprietor under this Agreement.

2. Membership

2.1 Individuals and corporations may participate in this vehicle-sharing service by registrating as a member and paying the necessary fees.

2.2. Members (being main account holder) may nominate non-members to be supplementary members. All fees payable shall be borne by the nominating member and the nominating member shall be responsible for all acts and omissions of such supplementary members.

3. Vehicle Reservation

3.1. Reservation of Vehicle shall be made in advance with the Proprietor. Member shall specify date, time and place of collection of Vehicle. Member can reserve only one (1) vehicle for the same time. Priority for use of Vehicle is according to first reserved basis except for selected festive season or holidays during which priority will be decided by ballot based on a point system as determined by the Proprietor in its sole discretion.

3.2. The Proprietor reserves the right to impose such fees as the Proprietor may at its discretion decide for late cancellation or non-cancellation of reservation if Member subsequently decides not to use Vehicle.

3.3. The Proprietor shall not be responsible for any loss or damage suffered or incurred by Member arising from or in connection with the failure to honour a vehicle reservation made by the Member.

4. Vehicle Ownership

4.1. Vehicle including all accessories, equipment, spare tyres, keys, registration documents and tools shall at all times remain in the sole property of the Proprietor.

4.2. Member shall not transfer, dispose of, sub-let or in any way part with possession of Vehicle except as permitted by the Proprietor. Member shall not create any lien over or pledge Vehicle in favour of any person or allow any person to have any interest over Vehicle.

5. Use Conditions and Restrictions

5.1. Member shall be at least 21 years old and possess valid driving licence for private cars for at least twelve (12) months. Member shall operate Vehicle only within the geographical areas permitted by the Proprietor

5.2. All corporate members are to provide particulars of its drivers and to ensure that its drivers comply with the criteria above before such drivers are permitted to operate the Proprietor’s vehicles.

5.3. A driving licence issued by a country outside Singapore may be considered if such driving licence is construed as valid for use in Singapore conforming to the policies of the Traffic Police Department in Singapore.

5.4. Member shall not, without express permission of the Proprietor, allow any other person to use or operate Vehicle. Member shall not use or operate Vehicle or permit anyone to use Vehicle (i) for illegal purposes (ii) for carrying hazardous or dangerous materials (iii) for any reward or valuable consideration (iv) under the influence of alcohol or any intoxicating substance (v) in such manner as to intentionally expose it to danger or risks including theft and vandalism or (vi) generally in violation of the laws in any applicable jurisdiction.

5.5. Member shall be fully responsible for all costs, expenses and fees (including vehicle recovery expenses) arising from any breach of this clause 5.

6. Vehicle Inspection

6.1. Member shall inspect the exterior and interior of Vehicle at the time of Vehicle collection.

6.2. If, during inspection, Member notices any damage or defect, or if Vehicle is in a dirty condition, Member shall make a report to the Proprietor of the condition before removing Vehicle from the car parking lot.

7. Vehicle Return

7.1. Member shall return Vehicle and key at the agreed time to the designated place, and in the same condition it was taken (fair wear and tear excepted). The Proprietor reserves the right to impose any early or late return fees or charges as the Proprietor may at its discretion decide if Vehicle is returned earlier or later than the agreed time.

7.2. If Vehicle is returned in a condition unsatisfactory to the Proprietor and will require repair, cleaning-up or restoration works (other than regular cleaning or maintenance or repairs owing to mechanical faults or defects reported by Member to the Proprietor), Member shall reimburse the Proprietor for the cost incurred in repairing any damage to Vehicle or restoring Vehicle (including the interior) to its original condition.

8. Insurance

8.1. The Proprietor will provide a comprehensive motor insurance policy in respect of Vehicle subject to any excess imposed by the Proprietor for loss or damage which shall be borne by Member. A copy of the insurance policy will be available for inspection at the Proprietor’s office upon request by Member.

8.2. Member shall be fully responsible for any loss or damage to Vehicle if:-

• Vehicle is not used or operated in accordance with the provisions of the aforesaid insurance policy.
• Loss or damage are contributed to by or arising out of flood typhoon hurricane earthquake or other convulsion of nature.

9. Accidents, Theft and Vandalism Reporting

9.1. Members must report all accidents involving the vehicle to the Proprietor immediately and in addition must take immediate steps to comply with the “ NON-INJURY MOTOR ACCIDENT REPORT SCHEME” by completing and signing the GENERAL INSURANCE ASSOCIATION (GIA) FORM. The form will be made available when the accident is reported to the Proprietor. However, in the event of the following, the Member must lodge a report to the police no later than 24 hours after the accident:-

9.2. The Member is to secure the names and addresses of all witnesses as well as the registration number of all vehicles involved in the accident.

10. Maintain Fuel Tank

10.1. Member shall refill fuel tank of Vehicle at the Proprietor’s expense in accordance with the Proprietor’s current procedures for refilling of fuel tank whenever the fuel indicator drops to quarter (1/4) tank level or below.

10.2. Member shall undertake that the purchases of fuel made by Member pursuant to clause 10.1 above shall be in respect of Vehicle only.

11. Parking/ Traffic Offences

11.1. Member shall be fully responsible for all (Singapore &/or Malaysia) traffic/ parking offences, fines and penalties arising from Member’s use, possession or operation of Vehicle.

11.2. The Member is responsible for obtaining the required cash card with sufficient balance prior entry into any roads within the ERP system.

11.3. Member shall indemnify the Proprietor and hold the Proprietor harmless from and against all claims, actions, demands, cost or expenses including legal fees and costs, which may be made against or incurred or become payable by the Proprietor arising from Member’s use or operation of Vehicle or for any breach of terms of this Agreement.

12. 24-Hour Emergency Breakdown and Towing Service

12.1. The Proprietor shall provide a 24-Hour Emergency Breakdown and Towing Service, at no extra cost to the Member, in the event the Vehicle or its replacement suffers a breakdown or encounters an accident within Singapore Island.

12.2. The Member agrees that a punctured tyre, empty petrol tank, loss of Vehicle’s key or locked keys inside of Vehicle, by itself, does not constitute a breakdown and that in the event the Proprietor’s 24-Hour Emergency Service is called upon to respond to such occurrence, the Member shall bear the cost of such response at S$30.00 per trip.

13. Replacement Vehicle

13.1 In the event of a breakdown, no replacement vehicle will be provided. Members will be billed till the time they report the incident to the Proprietor.

14. Charges/ Pricing

14.1. Member shall pay the security deposit, membership and other fees and charges set out in the membership application and in the Handbook punctually when due. Payments shall be made either through interbank Giro or credit card facility. The Proprietor may at its sole discretion charge interest for late payments at a rate of two percent (2%) per month or such other rate as a Proprietor may deem fit until full payment of all overdue amounts. Save for manifest error, the monthly statement of charges sent by the Proprietor to Member shall be deemed as conclusive and binding upon Member.

14.2. If Member fails to pay any outstanding payments (including interest, if any) when the payment is due, the Proprietor may suspend the privileges of Member under this Agreement for such periods and subject to such conditions as the Proprietor may at its discretion decide. A waiver of such breach as a foresaid shall not prejudice the rights of the Proprietor in respect of any other subsequent breach. Member will be liable for any additional cost that the Proprietor may incur for recovery of outstanding payments.

15. Renewal of Membership

15.1. Membership is renewed automatically on an annual basis. A one-month written notification prior to the expiry of membership is required should the member choose not to renew the membership. Members will be liable for the annual membership fee once membership is renewed. The security deposit will be use to offset any short fall in membership fee.

15.2. Members and supplementary members shall pay the Proprietor an annual membership fee as stated in the Agreement, payable in full and in advance upon the expiry of the previous year’s membership in order to effect the renewal of the membership. Such payment shall be made through the authorized payment method. Payment of annual fees for principle and supplementary members will fall due on the same date as commencement of principle membership in the preceding year. Annual fees for supplementary members will be payable on a prorated bases should the start date differ from the principle membership.

15.3. The Member agrees to provide a written authorisation for interbank Giro or credit card payment upon renewal of the membership.

15.4. The Member agrees that all terms of this Agreement and the Member’s Handbook (as may be amended) will continue to apply upon each renewal of membership.

16. Termination of Agreement

16.1. This Agreement shall terminate if Member is in breach of any of its obligations under this Agreement (save for default of payment in which case the provisions of clause 14 above shall apply) or if Member ceases to be a member of the Programme.

16.2. Member may terminate the Agreement by giving one (1) month’s prior written notice. Within 60 (sixty) days following the termination or cancellation of this Agreement, the security deposit shall be returned to the member, provided however, that the Proprietor may use any or all of the security deposit to pay any amounts owed to the Proprietor by the Member under this Agreement, including damage repairs or unpaid fines and summons. Should the security deposit be insufficient to pay the amount owed to the Proprietor, The Proprietor reserves the right to take any and all action necessary to recover the full amount at the member's expense. There will be no refund of membership fee paid.

17. West Malaysia Usage

17.1. The Member must first seek approval before proceeding to use WhizzCar in West Malaysia.

17.2. The Member shall pay the charges for use of the vehicle in West Malaysia according to the fee structure as stated.

17.3. The Member acknowledges that the charges for the use of the vehicle in West Malaysia do not include petrol.

17.4. The Member shall abide by all the Malaysian’s Government’s regulations and be responsible for all the Traffic Police and Court summons and fines. In the event of any unsettled traffic summons or fines committed by the Member during the period of hire, the Proprietor will pay the said traffic offences, fines or summons and will charge the Member. The Member shall pay the full amount of fines paid in addition to administrative charges incurred stated in the Member’s Handbook.

17.5. The Member acknowledges that the vehicle is in good and reliable condition for use on roads in Singapore and that no warranties are given by the Proprietor that the vehicle is suitable for the purposes of the Member or for the use in West Malaysia. As such, the Member takes all responsibility for such use of vehicle in West Malaysia and any loss, damage, costs and expenses arising from the subsequent breakdown of the vehicle in West Malaysia shall not be attributed to the Proprietor.

17.6. The Member shall be responsible for the excess stipulated in the Member’s Handbook for any loss or damage to the vehicle while driving to Malaysia.

17.7. The Member is allowed to make simple repairs upon approval from the Proprietor in the event of any mechanical faults such as punctured tyres and faulty air-conditioning system, etc. The Proprietor will reimburse the Member up to a maximum as stated in the Member’s Handbook. Any repairs costing above the amount would require authorisation from the Proprietor.

17.8. The Member must obtain the original receipt and mail it or hand it in person to the Proprietor. Proof of posting is not proof of receipt and the Member assumes the risk of loss for any posting. A deduction will be made on the next bill. No reimbursement or credit will be given without original receipt.

17.9. The Proprietor will not be liable or responsible for any monetary loss, discomfort, air-fare, telephone charges, hotel accommodation charges, etc incurred or arising from or due to any accidents, breakdowns of the vehicle for any reason or with regard to the driver’s onward journey to the next destination howsoever arising.

18. Miscellaneous

18.1. Where any part of this Agreement is illegal, prohibited or invalid by law, such part shall be severed from the remainder of the Agreement which shall remain in full force and effect.

18.2. Any notice sent to Member by the Proprietor shall be effectively sent if posted to the last known address of Member.

18.3. All disputes controversies or differences arising out of or in connection with this Agreement shall be submitted to the Singapore Academy of Law or its nominees for resolution by mediation in accordance with the mediation procedures for the time being in force.

18.4. This Agreement shall be governed by and construed in accordance with the laws of Singapore.