Terms and Conditions
These Terms and Conditions of Use (“Terms”) apply to your use, as a consumer (“User”, “you”), of the services offered through the KartaLink App, the KartaLink Dongle (collectively “Grab Products”) offered by GrabTaxi Holdings Pte. Ltd. and/or its related corporations ("Grab", “we”, “us”).
Please read these Terms carefully before you access and use the Grab Products. Your access and use of the Grab Products indicates that you accept these Terms. If you do not accept these Terms, do not access or otherwise use the Grab Products.
Grab may revise these Terms at any time in accordance with the provisions of this clause. We shall notify you of such changes via email with at least 7 days’ due notice before the changes take effect, which you agree shall be sufficient notice.
KartaLink Dongle
The KartaLink Dongle plugs into the glovebox USB port of Tesla cars, capturing the video footage from the car cameras like a regular USB stick; storing video footage is what the USB port is designed for by the car manufacturer. Additionally, the Dongle is tracking location when video is being recorded, can connect to the KartaLink mobile app and to the internet when a Wi-Fi is configured by the user and in range of the car.
Once the user is authenticated and the Dongle has Wi-Fi configured via the mobile app it will upload the video footage sent by the car (front, lateral and back) to the KartaLink server every time when the Wi-Fi is in range.
The user can configure the Dongle connectivity, check the amount of recorded videos and view all videos recorded by their car already uploaded to the server along with the corresponding location trace on a map. The user can only see their own car’s recordings and not other users’ data.
KartaLink App
The mobile app, available for iOS devices, allows configuring the KartaLink dongle (Wi-Fi access, cameras to be backed-up, etc) and playing already uploaded videos by the dongle. To play videos the app requires user authentication (via Google or Apple Login).
Limitations
The Grab Products may not operate correctly. It may delete your data, corrupt your data, or have other bugs. It may not operate in a satisfactory manner.
Grab may change or discontinue the Grab Products at any time, for any reason, without notice to you. Grab is not obligated to provide to you any maintenance, technical support, or updates for the Grab Products.
[UPDATE ON 23 MAY 2024: TO REMOVE SECTION ON PAYMENTS, DELIVERY, REFUNDS / CANCELLATION, WARRANTY, AS THERE HAS BEEN NO CONCRETE GUIDANCE GIVEN ON THE PARAMETERS.]
Grab does not own any data collected by the Grab Products (the “Collected Data”). All Collected Data is owned solely by you. You are solely responsible for your use of the Collected Data. You represent and warrant that (i) you own the Collected Data posted by you on or through KartaLink or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Collected Data on or through KartaLink does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Collected Data you post on or through KartaLink.
In consideration of the Grab Products being offered to you, you hereby grant to Grab a worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence to do any act that is restricted by copyright, database right or any related right (which will include without limitation the right to host, publish, distribute or use) over anything within the Collected Data, whether in the original medium or any other. These rights explicitly include commercial use, and do not exclude any field of endeavor. These rights include, without limitation, the right to sub-license the Collected Data through multiple tiers of sub-licensees and to sue for any copyright violation directly connected with Grab’s rights under these Terms.
You agree that Grab may at any time filter, alter, modify, redact, crop or delete your Content in whole or in part at its discretion, including in order to render the Collected Data suitable for use. To the extent allowable under applicable local laws and copyright conventions, you also waive and/or agree not to assert against Grab or its licensees any moral rights, including without limitation any moral rights in such Content which you may have under the Copyright Act of Singapore (Cap. 63) (including those rights set out or referred to under Part IX therein) or any other similar legislation now existing or in future enacted anywhere in the world), or other rights that you may have in your Content that would otherwise preclude Grab from filtering, altering, deleting, or using, copying or distributing your Collected Data. You acknowledge and agree that we may continue to store, display and otherwise exercise the rights with respect to your Collected Data after termination, deactivation, or archiving of your account. For the avoidance of doubt, this clause shall survive the termination of these Terms.
You agree: (a) when signing up for the Grab Products, to provide Grab with true, accurate, current, and complete information about yourself, and (b) to inform Grab promptly of any changes to such information to keep it true, accurate, current and complete. You further agree that you are 18 years of age or older and have the authority and rights to download and/or use or register for KartaLink.
If you provide Grab with any information that is untrue, inaccurate, not current or incomplete, or Grab has reasonable grounds to suspect so, Grab has the right to suspend or terminate your access to KartaLink.
All of your account information, as well as other personal information provided by you to Grab, is subject to Grab's privacy policy located at https://kartaview.org/privacy-policy. Your use of KartaLink indicates that you accept the terms of the Privacy Policy, which may be updated from time to time.
By sending the registration data, you are offering to conclude a user relationship with us based on these Terms. We will confirm promptly receipt of your offer, however we reserve the right to decide on whether to accept your offer or not. Should your request for registration not be confirmed by us to you by email to the email address you stated within a period of 24 hours, you will no longer be bound to your offer. When we activate the user account, we will confirm the acceptance of your order for registration by e-mail, this confirmation will create a user relationship for an unlimited period, based on these Terms .
You understand and agree that KartaLink App is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the download of such application.
Grab does not warrant that KartaLink will not infringe on third party intellectual property rights. Grab also does not warrant that your use of KartaLink will be uninterrupted or error-free.
Grab has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but Grab makes no representations or warranties regarding the security of KartaLink or the transmission of data or information to and from Grab and your wireless device.
You bear the sole risk of using the Grab Products.
The Grab Products are licensed “as is” without any warranty of any kind or sort, whether such warranty should be express, implied or statutory. To the extent permitted under your local laws, Grab disclaims all warranties in the Grab Products, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, course of dealing, usage of trade, and non-infringement. Grab does not give any express warranties, guarantees, or commitments about the Trial versions or their quality, reliability, availability, security or function.
Grab will have no obligation to defend, indemnify, or hold you harmless from any claim against you relating to your use of the Trial versions.
The Grab Products are not subject to any uptime guarantee or similar service level agreement. The software components of such Grab Products may be unavailable or stop working entirely at any time for any reason.
To the extent permitted by applicable law, you agree to indemnify, defend and hold Grab free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with (i) your access to or use of the Grab Products; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Grab in the defense of any claim. Grab reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Grab.
To the extent permitted under applicable law, under no circumstances shall Grab be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the Grab Products, any defects in the Grab Products, or any breach of these Terms, even if Grab has been advised of the possibility of such damages.
This does not apply to the indemnity given by you to Grab in Section 7.
The Grab Products can be used by you for an unlimited period of time, subject to the provisions of these Terms.
Grab reserves the right to terminate your access to KartaLink at any time for any or no reason and without notice to you.
These Terms 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 these Terms 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 Grab (the “Arbitrator”). If you and Grab 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 Grab, 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.
This Agreement constitutes the entire agreement between Grab and you with respect to the subject matter hereof. Grab's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of these Terms will remain in full force and effect.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of these Terms, without liability to Grab. Notwithstanding the foregoing, Grab may assign these Terms to any affiliate at any time without notice.
By using the Grab Products, you consent to receive from Grab all communications, including notices, agreements, legally required disclosures or other information in connection with KartaLink (collectively, "Notices") electronically. Grab may provide such Notices by posting them on Grab's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of KartaLink. Grab may email or send text messages to you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.
No person or entity who is not a party to these Terms shall have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or other similar laws to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.