WAYWAY Terms and Conditions

Last Updated: 19TH JUNE 2024

  1. Wayway Technology Pte Ltd operates an online marketplace and platform (the “WAYWAY PLATFORM”) that matches persons seeking transportation services (“RIDERS”) with persons driving to or through certain destinations and offering transportation services (“DRIVERS”). DRIVERS arranged through the WAYWAY PLATFORM provide transportation services to RIDERS (“SERVICES”). Each transportation service arranged through the WAYWAY PLATFORM constitutes a separate agreement between the applicable DRIVER and RIDER.
  2. This Agreement shall be governed by the laws of Singapore. Singapore law applies to the interpretation and enforcement of this Agreement.
  3. Any terms defined in this Agreement shall have the same meaning when used throughout this Agreement.
  1. Definitions
    1. “Agreement” means these Terms and Conditions governing your use of the WAYWAY Platform and provision or receipt of Services.
    2. “WAYWAY” means Wayway Technology Pte Ltd and its affiliates.
    3. “User” or “you” means any person or entity accessing or using the WAYWAY Platform.
    4. “Rider” means any User using the WAYWAY Platform to request and obtain transportation Services.
    5. “Driver” means any User using the WAYWAY Platform to provide transportation Services to Riders.
    6. “Services” means the transportation services provided by Drivers to Riders arranged through the WAYWAY Platform.
    7. “WAYWAY Platform” means the application, website and technology platform operated by WAYWAY through which the Services are facilitated.
    8. “Charges” means the fees and costs charged or collected by WAYWAY for the Services, including Service Fees, Damage Fees, taxes and any other applicable costs or fees.
  2. Scope of Services
    1. WAYWAY Platform. WAYWAY operates an online marketplace and platform (the “WAYWAY PLATFORM”) that matches persons seeking transportation services (“RIDERS”) with persons driving to or through certain destinations and offering transportation services (“DRIVERS”). DRIVERS arranged through the WAYWAY PLATFORM provide transportation services to RIDERS (“SERVICES”).
    2. No Transportation Services. WAYWAY does not itself provide transportation SERVICES. WAYWAY operates solely as the provider of the WAYWAY PLATFORM and as a technology platform to facilitate the arrangement of SERVICES between USERS. WAYWAY is not a transportation carrier.
    3. User Accounts. USERS are only able to access and use the WAYWAY PLATFORM, and to arrange and transact SERVICES via the WAYWAY PLATFORM, through the creation of a “USER account”.
    4. Separate Driver-Rider Agreements. Each transportation SERVICE arranged through the WAYWAY PLATFORM constitutes a separate agreement between the applicable DRIVER and RIDER.
    5. User Discretion. Any decision by a USER to offer or accept SERVICES arranged via the WAYWAY PLATFORM is made at the sole discretion of the USER.
  3. Fees and Payments
    1. Service Fees. WAYWAY may assess a per-ride “Service Fee” to offset its expenses incurred in operating the WAYWAY Platform, including but not limited to expenses related to promoting safety and trust as well as other operational costs.
      1. Such expenses may vary by market and Service Fee collections in certain markets may exceed WAYWAY’s actual expenses in that market.
      2. Any excess Service Fee collections shall be deemed general revenue of WAYWAY.
    2. Damage Fee. If a Driver reports that a User has materially damaged the Driver’s vehicle arising from the provision of Services, the User shall pay a “Damage Fee” of up to S$300 to WAYWAY, depending on WAYWAY’s determination of the extent of the damage.
      1. WAYWAY may in its sole discretion require documentation from the Driver to verify the damage before processing the Damage Fee.
    3. Other Charges. Other fees, tolls and surcharges may apply to Services arranged through the WAYWAY Platform, including actual or estimated airport fees, state or local fees, tolls and taxes as required by law.
      1. Details of other potential charges shall be provided on WAYWAY’s website.
      2. Any tips or gratuities provided by Riders shall be paid in full to the applicable Driver.
    4. Facilitation of Payments. All fees and charges shall be facilitated through WAYWAY’s third party payment processor.
      1. WAYWAY may change its payment processor without notice to Users.
      2. Payments shall only be made through the WAYWAY Platform.
    5. Payouts to Drivers. As a Driver, you shall receive applicable Ride Fees net of WAYWAY’s Administrative Fee, taxes, municipal fees and any other amounts that WAYWAY is required to deduct by law.
      1. WAYWAY shall process all payments to Drivers through its payment processor and amounts paid shall not accrue any interest.
      2. WAYWAY reserves the right to withhold all or part of any Ride Fees if it believes you have attempted to defraud or abuse the WAYWAY Platform or payment systems.
      3. You expressly authorize WAYWAY to set prices for Services on your behalf.
  4. Confidentiality
    1. Confidential Information. “Confidential Information” means any information disclosed by a party to this Agreement that is not generally known to the public, whether in tangible or intangible form, whenever and however disclosed, including, but not limited to: (i) any marketing strategies, plans, financial information, or projections, operations, sales estimates, business plans and performance results relating to the disclosing party or its affiliates; (ii) plans for products or services, and customer, supplier or personnel lists; (iii) any scientific or technical information, invention, design, process, procedure, formula, improvement, technology or method; (iv) any concepts, reports, data, know-how, works-in-progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, information and trade secrets; and (v) any other information that should reasonably be recognized as confidential information of the disclosing party.
    2. Obligations. The parties agree (i) to take commercially reasonable steps to protect and to maintain the confidentiality of any Confidential Information of the other party; and (ii) to only use any Confidential Information for the purposes of performing its obligations or exercising its rights under this Agreement.
    3. Permitted Disclosures. A party may disclose Confidential Information to its Representatives who have a need to know such Confidential Information for the purposes of performing its obligations or exercising its rights under this Agreement and who are under a duty of confidentiality no less restrictive than the party’s duty hereunder.
    4. Compelled Disclosure. If a party is compelled by law to disclose Confidential Information of the other party, it shall provide the other party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure.
    5. Publicity. Neither party shall publish or permit to be published any press release or make any public announcement in respect of this Agreement or the transaction contemplated by this Agreement without the prior written consent of the other party.
    6. Return or Destruction of Confidential Information. Upon the written request of the disclosing party, the receiving party shall promptly return to the disclosing party all documents, materials and any copies containing Confidential Information of the disclosing party related to this Agreement and permanently delete all electronic copies of such Confidential Information, except that the receiving party may maintain such electronic copies and documents as required by applicable law, professional standards or its internal document retention policies.
  5. Intellectual Property
    1. Ownership of Intellectual Property Rights. WAYWAY owns all right, title and interest, including all intellectual property rights, in and to the WAYWAY Platform and the computer code, software, hardware, products, technology, texts, content, graphics, photos, sounds, musical works, works of authorship, trademarks, logos and all other materials within the WAYWAY Platform.
    2. License by WAYWAY. WAYWAY grants you a limited, revocable, non-exclusive, non-transferable license to access and use the WAYWAY Platform pursuant and subject to this Agreement. This license does not include any resale or commercial use of the WAYWAY Platform and does not permit you to license, sell, alter, transfer, make available, reproduce, distribute, or otherwise use the WAYWAY Platform in whole or in part, for any other purpose.
    3. User Content. You retain ownership and licensing rights to your User Content. However, by submitting User Content through the WAYWAY Platform, you grant WAYWAY and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, distribute, publish, and process your User Content and related information in connection with the operation of the WAYWAY Platform and related business purposes. WAYWAY reserves the right to remove or modify any User Content at any time for any reason.
    4. Brand Features. All WAYWAY trademarks, service marks, logos, trade names and any other proprietary designations of WAYWAY used, displayed or referenced in connection with this Agreement are and remain the intellectual property of WAYWAY and may not be used by you without WAYWAY’s prior written consent.
    5. Feedback. If you provide any Feedback to WAYWAY, you agree that WAYWAY may use such Feedback without any restriction or obligation to you. You hereby irrevocably assign to WAYWAY all right, title, and interest in and to all Feedback.
    6. Restrictions. Except as expressly permitted under this Agreement, there shall be no reproduction, distribution, modification, public display, or other public performance, of the WAYWAY Platform or its contents by you, including by any automated or non-automated means. You shall not modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the WAYWAY Platform.
  6. Warranties
    1. WAYWAY Warranties. WAYWAY warrants that the WAYWAY Platform will perform substantially in accordance with its documentation. WAYWAY does not provide any other warranties and expressly disclaims all other warranties including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    2. Driver Warranties. The Driver warrants that:
      1. The Driver has a valid driver’s license, vehicle registration and insurance to operate the vehicle and provide transportation services to third parties;
      2. The Driver will comply with all applicable laws in providing the Services, including transportation, traffic and road safety laws;
      3. The vehicle is roadworthy and meets all safety and emissions standards required to provide the Services;
      4. The Driver has full power and authority to enter into this Agreement and their terms do not violate any other agreement or understanding;
      5. The Driver shall indemnify and hold WAYWAY harmless from any losses, damages or costs (including legal costs) incurred or suffered by WAYWAY due to any breach of the warranties in this clause 6.2.
    3. Rider Warranties. The Rider warrants that:
      1. The Rider has full power and authority to accept and abide by the terms and conditions of this Agreement and their terms do not violate any other agreement or understanding;
      2. The Rider shall indemnify and hold WAYWAY harmless from any losses, damages or costs (including legal costs) incurred or suffered by WAYWAY due to any breach of the warranty in this clause 6.3.
    4. Non-WAYWAY Services. The Rider and Driver acknowledge and agree that WAYWAY has no responsibility or liability for any third party sites or services that may be accessed through the WAYWAY Platform.
  7. Indemnification
    1. User Indemnification. You agree to indemnify, defend and hold WAYWAY harmless from and against any and all third party claims, losses, liability, damages and/or costs (including legal fees) arising from or relating to:
      1. Your breach of this Agreement;
      2. Your violation of applicable laws or third party rights;
      3. Personal injuries, death or property damage relating to Services provided by You.
    2. WAYWAY Indemnification. WAYWAY agrees to indemnify, defend and hold You harmless from and against any and all third party claims, losses, liability, damages and/or costs (including legal fees) arising from or relating to:
      1. WAYWAY’s breach of this Agreement;
      2. WAYWAY’s violation of applicable laws or third party rights.
    3. Exceptions. Neither party is obligated to indemnify the other party under Clauses 7.1 or 7.2 to the extent any claims arise from the other party’s breach of this Agreement, violation of law or negligence.
  8. Limitation of Liability
    1. Exclusion of Liability. WAYWAY shall not be liable for any 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 WAYWAY Platform, even if WAYWAY has been advised of the possibility of such damages.
    2. Cap on Liability. WAYWAY’s total liability arising out of or in connection with this Agreement shall be limited to the amount of fees paid by you to WAYWAY in the twelve (12) months immediately preceding the event giving rise to the claim for liability.
    3. Exceptions. The limitations and exclusions in clause 8.1 and 8.2 shall not apply to liability arising from:
      1. the gross negligence or willful misconduct of WAYWAY;
      2. breach of the confidentiality obligations or
      3. any other liability which cannot be limited or excluded by law.
    4. Disclaimer of Warranties. The WAYWAY Platform is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. WAYWAY makes no warranty that the WAYWAY Platform will meet your requirements, or that it will be uninterrupted, timely, secure or error-free.
    5. Assumption of Risk. You acknowledge and agree that your access to and use of the WAYWAY Platform is at your own risk. WAYWAY shall not be liable for the reliability, accuracy, timeliness, security or completeness of any third party services made available through the WAYWAY Platform.
    6. Survival. The provisions of this clause 8 shall survive termination of this Agreement.
  9. Term and Termination
    1. Term. This Agreement shall commence upon your acceptance and registration as a User and shall remain in full force and effect for a period of one (1) year from commencement, unless earlier terminated in accordance with this Agreement.
    2. Renewal. Upon expiry of the initial term, this Agreement shall automatically renew for successive one (1) year terms unless either party provides notice to the other party of its intention not to renew at least thirty (30) days prior to the end of the then current term.
    3. Termination by either party. Either party may at any time terminate this Agreement by providing the other party with thirty (30) days’ prior written notice.
    4. Termination for cause. WAYWAY may immediately terminate this Agreement at any time if:
      1. you have breached any provision of this Agreement or violated any applicable law or regulation;
      2. WAYWAY reasonably suspects any fraudulent, misleading, dishonest or illegal activities in connection with your use of the WAYWAY Platform.
    5. Post termination obligations. Upon termination, you must promptly pay all outstanding fees owed to WAYWAY and delete any WAYWAY Confidential Information.
    6. Survival. The rights and obligations under clauses relating to intellectual property, confidentiality, indemnification, limitation of liability, and general provisions shall survive expiration or termination of this Agreement.
  10. General Provisions
    1. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of Singapore without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the courts of Singapore.
    2. Amendments. Any amendment of this Agreement shall not be binding unless in writing and signed by authorized representatives of both parties.
    3. Waiver. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
    4. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remainder of this Agreement will remain in full force and effect.
    5. Notices. All notices required under this Agreement shall be in writing and sent to the addresses set forth herein, or such other addresses as the parties may designate, and shall be effective upon delivery in person, via courier or certified mail, return receipt requested, or upon confirmation of receipt of email or fax.
    6. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior or contemporaneous agreements or understandings, whether written or oral, connected with the subject matter of this Agreement.
    7. No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
    8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.
  11. Our Contacts

If You have any questions about this terms and conditions, the practices of WAYWAY, or Your dealings with WAYWAY, You may contact Us at Wayway Technology Pte Ltd (UEN: 201625069W), 1 Jalan Kilang Timor #06-01, Pacific Tech Centre, Singapore 159303, Phone Number : (65) 63780588

Terms and Conditions of https://wayway.sg/