In consideration of Riding Pink Sdn. Bhd. (1211274H) (“Riding Pink”) agreeing to provide ride-matching services to you, any passengers traveling with you and/or any passengers for whom you may arrange Riding Pink's services, including but not limited to minors, (collectively the "Riders"), I/We agree, represent and warrant as follows on behalf of myself and as agent and attorney in fact for each of the Riders:
i. I/We acknowledge that Riding Pink's business is limited solely to matching Riders requiring transportation services (the "Transportation Services") with persons (the "Drivers") willing to provide such Transportation Services and, accordingly, Riding Pink shall not be responsible for nor accepts any liability for any loss, damage or injury sustained to a Rider through the provision of the Transportation Services;
ii. I/We understand and acknowledge the inherent risks to Riders and Drivers when using the Transportation Services. These include, but are not limited to injury and any bodily harm and damages to property;
iii. I/We acknowledge that Riding Pink does not condone unsafe and reckless driving and will not be liable for any participation in such activity.
iv.I/We acknowledge that we do not have any known conditions that may increase the likelihood of sustaining injuries incurred whilst using the Transportation Services;
v. the Driver is not an employee or agent of Riding Pink and, accordingly, Riding Pink, shall not be responsible for nor liable for the acts or omissions of the Driver;
vi. to the fullest extent permitted by law, I/We release (and similarly release as agent and attorney in fact for and on behalf each Rider), hold harmless and shall indemnify Riding Pink, its partners, employees, agents and servants, in respect of any losses, damages and expenses ("Losses") that Riding Pink may suffer or incur in relation to any claim made by or brought on behalf of any Rider in respect of the Transportation Services or Riding Pink's services in arranging the same, including any Losses caused by any actual or alleged negligence of Riding Pink, its partners, employees, agents and servants. This exclusion of liability shall apply regardless of whether such Losses are direct, indirect, special or consequential and includes death and personal injury. I/We further agree that this limitation of liability shall apply regardless of whether the Losses are claimed in contract, tort (including negligence) or on any other basis;
vii. I have full power and authority to provide such agreement, representations and warranties on behalf of myself and as agent and attorney in fact for each of the Riders; and
viii. If any of the foregoing provisions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions in the foregoing which shall remain in full force and effect.