BETWEEN

(A)

Wahdah Technologies Pte. Ltd. (“Lessor”, which expression shall where the context so admits include its successors & assigns) of 114 Lavender Street #07-83, Singapore 338729

AND

(B)

The Renter named & whose particulars & signature appears in the Schedule

(“Renter”) of the other part.

1

Vehicle Rental

1.1

The Lessor will let & the Renter will take on hire, subject to the terms & conditions herein the motor vehicle described in the Schedule (“Vehicle”). If, for any reason, the Vehicle or any other Vehicle ordered by the Renter prior to the commencement of the period of rent is not available at the time of such commencement, the Lessor shall have the right to replace the Vehicle with an alternative vehicle of similar seating capacity.

Notwithstanding the above, if no such alternative vehicle is available or if the Lessor shall decline to provide an alternative vehicle for whatever reason(s), then the Renter shall be repaid any monies paid by him to the Lessor but shall have no claim of any kind

whatsoever against the Lessor.

1.2

The Renter acknowledges that the Vehicle is the property of, or is otherwise subject to proprietary, contractual &/or other rights of, (i) the Lessor; &/or (ii) the owner or other entity (“Owner”) with whom the Lessor has entered into a leasing or hiring or similar arrangement in respect of the Vehicle (to which the Lessor is a party in the capacity of a lessee/hirer/renter).

The rights of the Owner in respect of the Vehicle include or may include, without limitation, a right to repossess the Vehicle in certain circumstances.

The Renter agrees & acknowledges that his/her rental of the Vehicle is subject to the rights of the Lessor &/or Owner as set out in this Clause.

1.3

The Vehicle rental shall commence on the date & time specified in the Schedule, & expire or determine upon the return of the Vehicle to the Lessor in accordance with Clauses 1.6 or 9.

1.4

The Renter has inspected the Vehicle & found it to be in good order & condition.

All visible defects are as documented in the vehicle inspection checklist as acknowledged by the Renter (“Vehicle Inspection Checklist”).

In taking delivery of the Vehicle, the Renter shall be deemed to have satisfied him/herself that it is in all respects roadworthy & in proper & safe condition.

1.5

Petrol & parking are at the Renter’s own expense.

All Vehicles are delivered with a petrol level as indicated in the Vehicle Inspection Checklist & must be returned likewise.

In the event the Renter is unable to fill up the indicated level of petrol, the Lessor will be authorised to do so on the Renter’s behalf & the

Renter shall bear all the costs thereof.

1.6

The Renter shall return the Vehicle (together with all tyres, tools, accessories & equipment) in good order & condition as the Vehicle was when initially collected by the Renter from the Lessor.

The cost to repair or replace any damaged items will be fully borne by the Renter.

2

Rental Charges & Payments

2.1

The Renter shall pay the daily rental charges as specified in the Schedule (“Rental Charges”) free of deductions, without set off of any nature including but not limited to legal or equitable set off, in advance on or before every Thursday 2359 hours weekly, regardless of public holidays, via the payment method indicated in the Schedule.

In the event of any increase in road tax or government tax, the Lessor shall be entitled to impose a corresponding increase in the Rental Charges.

2.2

Where the Renter fails to make payment of all or part of the required Rental Charges by its relevant due date & time, a late charge of S$50 per invoice and 24% per annum interest rate on the late rental shall be applied.

2.3

The Renter shall pay the deposit as specified in the Schedule (“Deposit”).

The Deposit shall not bear any interest.

The Renter authorises the Lessor to deduct from the Deposit the following:

1. all & any Rental Charges that are outstanding from time to time;
2. all & any administrative fees / interest outstanding from time to time; &
3. petrol charges;
4. cleaning fees;
5. costs & expenses to replace lost keys or damaged accessories;
6. mileage excess of 1.5% of daily rental for every additional 10 kilometres run above the daily mileage limit;
7. all & any costs & expenses incurred to rectify the damage caused to the Vehicle while under hire to the Renter;
8. all & any insurance excess;

9. where the Renter terminates this Agreement pursuant to Clause 9.2(c) but gives shorter notice than the requisite seven (7) working days’ notice prior to termination, Rental Charges applicable for every day comprised in the difference between the requisite seven (7) working days’ notice & such shorter notice; &/or
10. any other charges, damages, debts, losses or expenses of any nature that may be incurred by Lessor or may fall due to Lessor, in accordance with its rights under this Agreement & / or that arise directly / indirectly in any way whatsoever as a consequence of the

Renter’s breach of legal obligations to Lessor.

2.4

If the Lessor fails to collect any charges, damages, debts, losses or expenses of any nature owed by the Renter after three (3) days, the Lessor reserves the rights to terminate & repossess the Vehicle & assign the debt collection duties to debt collection agencies for the outstanding amounts under this Agreement including associated legal services.

The Renter shall reimburse the Lessor for all costs & expenses incurred in connection with engaging the services of debt collection agencies & / or legal services.

3

Use of Vehicle

3.1

The Renter agrees, & shall procure his/her authorised driver(s), to take proper care of the Vehicle & to drive the same in a careful & skilful manner.

3.2

The Renter agrees, & shall procure his/her authorised driver(s), to observe & comply with (& shall render all assistance & cooperation requested by the Lessor to enable the Lessor to comply with) all requirements, regulations & laws from to time applicable to the use of the Vehicle by the Renter &/or his/her authorised driver(s), including but not limited to requirements, regulations & laws applicable to private hire cars.

In the event of any breach of any such requirements, regulations &/or laws, the Renter shall pay all fines, penalties & summonses imposed by any authority & shall answer to all notices & inquiries in connection therewith.

3.3

Without prejudice to the generality of Clauses 3.1 & 3.2, the Renter & his/her authorised driver(s) shall ensure as follows:

1. that they must be aged above 24 and a holder of a valid local driving license for at least 1 year & more;
2. that the Vehicle must not carry a load or passengers in excess of the Vehicle’s carrying capacity;
3. that they do not drive the Vehicle whilst under the influence of intoxicating liquor or drugs;
4. that they do not rent/hire out the Vehicle to third persons or let unregistered persons or learners use the Vehicle; &/or permit the Vehicle to be used for purposes which conflict with the law (including without limitation, in connection with theft, drug peddling or trafficking, smuggling or any other criminal action) or for the purposes of speed testing, towing, pace making, reliability trials or racing. Failure to comply may entail serious consequences as the Renter assumes full responsibility & in the event of the Vehicle being seized, confiscated or forfeited under this Clause 3, the Renter shall indemnify the Lessor to the value of the Vehicle or replace the same at his own expense with a similar Vehicle of equal value & shall bear all losses including loss of use / revenue, costs & expenses to which the Lessor may incur or be put or exposed to;
5. that they do not make any addition, alteration, repair or changes to, or remove any parts whatsoever from, the Vehicle without the prior written consent of the Lessor;
6. that any serious faults, failures or whatsoever, mechanical or otherwise are made known to the Lessor as early as possible so that the Lessor can rectify the same. Otherwise should any losses, damages &/or charges arise, the Renter will be held liable;
7. that in the event of any breakdowns, failures, accidents or whatsoever occurring in Singapore or West Malaysia, the Renter must immediately inform the Lessor &/or its agents of the to the same. The Renter is not allowed to engage any towing agents or motor workshops without the Lessor’s prior written consent. Should the Renter engage any unauthorised workshop or agents, the Renter shall be liable to pay for any losses incurred by the Lessor;
8. that the daily mileage on the Vehicle does not exceed 400 kilometres/day;

9. that they shall notify the Lessor immediately upon the Renter &/or authorised driver(s) accumulating 12 or more demerit points in total on his/her record;
10. that they shall not breach the terms of the applicable insurance cover & for this purpose, they are deemed to be acquainted with & bound by the terms of the insurance cover; &
11. that the Renter shall at all times ensure that his/her personal particulars in the Lessor’s records are up to date (e.g. promptly notify

Lessor of any change in residential address) to ensure government correspondences related to driving of the Vehicle (e.g. warnings, notifications, fines & summons) are well received & responded to.

3.4

The use of the Vehicle is restricted to Singapore (private & commercial use) & West Malaysia (private use only).

The Renter hereby indemnifies & keeps indemnified the Lessor against all loss suffered by the Lessor (including loss resulting from inability to use the Vehicle or let the same on hire).

3.5

The Renter shall obtain the Lessor’s written consent & authority prior to entrusting the possession / use of the vehicle to any party seeking to be an authorised driver. Upon approval by the Lessor, the Renter shall provide a copy of this Agreement to the authorised driver & it shall also be available for inspection by prior arrangement at the Lessor’s office. The authorised driver shall be deemed to be acquainted with & bound by this Agreement & the terms of the insurance cover.

The Renter shall in addition also be liable to indemnify the Lessor against losses of any nature whatsoever, & howsoever in any way directly or indirectly arising from breach on the part of the authorised driver(s) of his legal obligations & the contractual obligations herein & / or in relation to the control, use & management of the Vehicle by the authorised driver(s).

3.6

The Renter & / or authorised driver(s) shall at all material times ensure that the use, control & management of the Vehicle is confined to the Renter & / or authorised driver(s) & shall be liable to the Lessor in the event an unauthorised party secures access to the use, control & management of the Vehicle & for any losses thereby incurred, of any nature, whatsoever & howsoever arising.

This clause shall be in addition to & shall not be construed as limiting or prejudicing in any way the rights of the Lessor under the common law or statutes including the rights under the law of bailment.

4

Servicing & Maintenance

4.1

The Renter shall send the Vehicle for regular servicing at such authorised workshops & at such times & dates as may be directed by the Lessor from time to time.

A fee will be charged if the Renter misses a scheduled servicing appointment.

The Renter shall also be liable for any repair or maintenance costs if incurred in the event of a missed servicing with the authorised workshop.

4.2

For avoidance of doubt, the obligation to ensure the vehicle is in roadworthy condition shall rest upon the Renter such that in the event the vehicle requires additional servicing & maintenance including but not limited to tyre changes, the Renter shall arrange with the authorised workshop(s) to send the vehicle for additional servicing & maintenance as & when required.

4.3

In the event that the Vehicle requires any repairs works, apart from accident repairs, that shall last between 8 to 12 hours, the Lessor, may, at its sole discretion, reimburse up to half a day of the then applicable Rental Charges to the Renter, such monies to be deposited into the Renter’s bank account as notified by the Renter.

If the time needed for the repair works exceeds 12 hours, the Lessor may, at its sole discretion, reimburse to the Renter up to one full day of the then applicable Rental Charges.

4.4

The Renter shall bear the cost of tyre replacements due to side wall damage.

Tyre normal wear & tear inclusive of “deemed safe” repairable punctures (i.e. the Vehicle is deemed safe for driving after tyre is repaired) are covered by the authorised workshop.

5

Accidents / Theft

5.1

The Renter is obliged to report to the Lessor & insurer any & every accident or theft involving the Vehicle, by telephone immediately, & in writing no later than 24 hours after the accident or theft.

The Renter (or authorised driver(s), as the case may be) must not admit to or compound any claim either partially or in full.

The names & addresses of all witnesses, as well as the license number of any & all vehicle(s) involved in the accident or theft are to be provided to the Lessor.

Additionally, the local police authorities must be informed if personal injury (including death), damage to government property, any foreign vehicle, any hit-&-run incident, any pedestrian &/or any cyclist is involved.

For accidents or theft occurring in West Malaysia, the Renter is required to lodge a police report both in West Malaysia & Singapore within 24 hours of the accident.

5.2

In the event of any accident or theft involving the Vehicle, whether or not due to the negligence of the Renter, the terms relating to

liability assessment, insurance excess payable by Renter, changes (if any) to Rental Charges & replacement vehicle (if any) as set out in the Schedule shall apply.

6

Accident Claims

6.1

The Renter & the authorised driver(s), if any, are insured under an automobile comprehensive insurance policy (“Policy”), a copy of which is available for inspection at the Lessor’s office.

Subject to fulfilment of the terms of the Policy, the Renter shall enjoy the benefits of the Policy.

6.2

In the event that the Vehicle or any part thereof is damaged or missing (including tyres, tools, documents, accessories & equipment), the Renter shall forthwith pay to the Lessor the excess amount payable in respect of each & every incident regardless of negligence.

6.3

The Renter & the authorised driver(s) are not insured under a policy of insurance against personal injury or death to themselves.

If the Renter or authorised driver does not arrange for such insurance cover, the Lessor shall not under any circumstances be liable to make any payment to the Renter in respect of or to indemnify the Renter against any loss, injury or damage sustained by the Renter or use of the Vehicle or as a result of any defect therein.

6.4

In the event of an accident & the Renter &/or the authorised driver(s) desires to make a personal injury claim, the Renter &/or the authorised driver(s) (as the case may be) is required to comply with the Lessor’s insurance & / or claims procedure, including submitting their personal accident claim through the approved panel of lawyers that Lessor shall refer him to in consultation with its authorised workshop & reporting center which shall facilitate the referral to approved panel lawyers & collection of relevant preliminary information

at time of reporting.

6.4.1

The approved panel lawyers shall coordinate the personal injury claim with the property damage claim & shall take all necessary steps to deal with the same in a manner of mutual advantage to both the Lessor & the Renter / authorised driver(s), including bringing the

same consecutively or conjunctively.

6.4.2

If the Renter &/or the authorised driver(s) fails to so comply with the terms herein & / or to render all due cooperation to the Lessor, its approved panel of lawyers & authorised workshop in relation to all claims arising from accidents, the Renter &/or the authorised driver(s) shall be fully liable for:

1. all vehicle repair costs as billed by the Lessor’s approved workshop; and
2. such losses or shortfalls in recovery by the Lessor that:
   1. may have been caused by or contributed to by breach of the terms of this Agreement;or
   2. might reasonably have been avoided had the approved panel lawyers been able to deal in a properly coordinated manner in relation to both the property damage & personal injury claims so as to ensure the best prospects of the

claims & thereby take steps to avert such losses or shortfalls in recovery or such outcomes as may be prejudicial to the Lessor.

6.4.3

The Renter hereby undertakes (and undertakes to procure his authorised driver(s)) not to take any actions which may expose the Lessor to disrepute or loss.

Without prejudice to the generality of the foregoing sentence, the Renter undertakes (and undertakes to procure his authorised driver(s)) to fulfill the following:

1. Not to deal with touts or unauthorised persons as defined by the Legal Profession Act seeking to procure representation for them in relation to personal injury claims contrary to the provisions of this agreement, the statutory & common law of Singapore;
2. Not to cause or permit the Vehicle to be involved in fraudulent / staged claims;
3. To take all reasonable steps & precautions to refrain from involvement in any offences in the course of their use, control & management of the Vehicle; and
4. To take all reasonable steps to refrain from wrongful acts / omissions which would occasion liability or distress to third parties including passengers.

6.4.5

The Lessor is, on a goodwill basis, prepared to refund / waive the otherwise non-refundable accident excess imposed on the Renter & / or authorised driver(s) in the event that & provided that:

1. The Renter / authorised driver(s) comply with the provisions of this Clause 6;
2. The Renter / authorised driver(s) having so complied, recovery of at least 80% is achieved in relation to claims in respect of injury & property damage arising from accidents; and
3. Any refund or waiver shall be subject to the absolute discretion of the Lessor on the basis of goodwill.

7

Consequences of Breach

7.1

In the event of a breach of this Agreement by the Renter, the Renter shall pay for the Lessor’s legal costs, losses, damages, claims &

expenses incurred to rectify such breach.

The Renter shall pay the same on an indemnity basis including in the event legal recourse is sought by the Lessor by way of legal advice & / or proceedings.

8

Failure to return the Vehicle & Repossession

8.1

If the Renter shall fail to return the Vehicle at the termination of the period of rental then following a written demand to the Renter to return it, the Lessor may take all & any steps it thinks fit (including but not limited to using telemetrics) to recover & repossess the Vehicle where & when it is found, including appointing third party recovery agents to do so on its behalf.

In such event, the Renter, for him/herself & on behalf of his/her authorised person(s), authorises the Lessor &/or its recovery agents to enter any premises owned or occupied by the Renter &/or his/her authorised person(s), or where necessary, agrees to make all

reasonable efforts to obtain the right for the Lessor &/or his recovery agents to enter any premises in order to recover & repossess the Vehicle.

8.2

If the Vehicle is found illegally parked, apparently abandoned or is used or obtained as prohibited under this Agreement, the Lessor may after making reasonable attempts to contact the Renter, recover the Vehicle without sending a written demand under Clause 8.1.

To the extent permitted by law, the Renter waives any right to any hearing or to receive any notice or legal process as a precondition of the Lessor recovering the Vehicle in accordance with this Clause 8.2.

8.3

From the date that the Lessor sends the Renter a demand pursuant to Clause 8.1, the Lessor may exercise its legal rights to recover & repossess the Vehicle.

The Renter agrees to cooperate with the Lessor to recover the Vehicle.

8.4

The Renter shall reimburse the Lessor for its reasonable costs of recovering or repossessing the Vehicle on an indemnity basis.

8.5

Except to the extent that the Lessor is at fault, the Renter shall indemnify the Lessor against any claim made by any third party resulting

from the Lessor &/or its recovery agents’ recovery or repossession of the Vehicle.

8.6

Without prejudice to the other rights of the Lessor, the Renter shall also pay to the Lessor the then applicable Rental Charges for every hour elapsing between the time of such expiration or termination & the time the Vehicle key is returned to the Lessor.

Such further Rental Charges shall be in accordance with the Lessor’s current rate of rental charges or at such other rate as the Lessor may in its absolute discretion think fit.

9

Termination

9.1

This Agreement shall automatically terminate:

1. where the Renter becomes bankrupt or makes any general composition with his/her creditors;
2. upon the Renter &/or authorised driver(s) having accumulated 24 or more demerit points in total on his/her record or having his/her driving license suspended, revoked or invalidated or liable to be suspended, revoked or invalidated, whether due to the Renter &/or authorised driver(s) having accumulated demerit points or otherwise. Upon such termination (where such termination occurs outside of the Minimum Rental Period (defined below)), 50% of the Deposit shall be forfeited without prejudice to the Lessor’s other rights & remedies under this Agreement or otherwise; or
3. (where applicable) upon termination for any reason whatsoever of the Lessor’s leasing or hiring or similar agreement in respect of the Vehicle (to which the Lessor is a party in the capacity of a lessee/hirer/renter).

9.2

This Agreement may be terminated:

1. immediately by the Lessor & the Deposit shall be forfeited where:
   1. the Renter fails to pay any amount owing to the Lessor & any such amount remains unpaid for more than three (3) days after becoming due;
   2. the Renter &/or authorised driver(s) fails to observe & perform any of the duties & responsibilities imposed by this Agreement or

any laws or regulations or the terms of his driver’s license;

3. the Renter &/or authorised driver(s) is determined by the Lessor (acting reasonably) to be rude, rowdy or aggressive towards any of the Lessor’s staff, the Lessor’s workshop partners, or any other business partners or third parties which the Lessor works with for the purpose of or in the course of this Agreement; or
4. the Renter &/or authorised driver(s) fails to notify the Lessor within three (3) days of the Renter &/or authorised driver(s) accumulating 12 or more demerit points in total on his/her record;
5. in the event the Renter allows unauthorised drivers to have the use / management / control of the Vehicle.

2. by the Lessor by giving not less than three (3) days’ prior notice in writing to the Renter. The Lessor may, but shall not be required to, furnish any reason for such termination; or
3. by the Renter by giving not less than seven (7) working days’ prior notice in writing to the Lessor after fulfilling the minimum rental period specified in the Schedule (“Minimum Rental Period”).

9.3

Upon the termination of this Agreement for any reason whatsoever, the Renter shall promptly return the Vehicle to the Lessor & shall pay to the Lessor any sums accrued & unpaid as at the date of termination, & the cost of all repairs required (if any) at the date of termination including any repair required to reinstate the Vehicle to the same condition, together with all tyres, tools, accessories &

equipment, in as the Vehicle was when initially collected by the Renter from the Lessor.

9.4

Where this Agreement is terminated for any reason whatsoever at any time during the Minimum Rental Period (except for termination under Clause 9.1(c) or Clause 9.2(b) where such termination is not due to any other events or occurrences contemplated in Clause 9.1 or Clause 9.2), without prejudice to the Lessor’s other rights & remedies under this Agreement or otherwise:

1. the entire Deposit shall be forfeited;
2. notwithstanding such termination, the Renter shall be liable to immediately pay full Rental Charges for the remainder of the period up to the end of the Minimum Rental Period (unless waived, in whole or in part, at the sole discretion of the Lessor); &
3. the Renter shall no longer be entitled to any and all promotions, preferential rates, discounts and/or offers in any form whatsoever (including but not limited to vouchers, monies, rental rebates and free rental days) (“Discounts”) granted or given to Renter as stated

in the Schedule, and the Renter shall immediately pay to the Lessor all amounts comprised in all Discounts.

9.5

Upon the termination of this Agreement & return or repossession of the Vehicle (as the case may be):

1. the Lessor is not liable for any loss of cash, valuable items or any articles of importance in the Vehicle;
2. the Lessor has the right to dispose of personal items after one (1) week after the return or repossession of the Vehicle (as the case may be); &
3. the Lessor has the right to retain & refuse to return personal items for as long as any amounts due to the Lessor under this Agreement remain unpaid.

10

Indemnity

10.1

Renter shall fully indemnify the Lessor for any loss, damage, legal action, including reasonable legal fees that the Lessor suffers due to Renter’s use of the Vehicle during the period of rental, including but not limited to, damage to the Vehicle, damage to the property of

others, injury to Renter &/or injury to others. This provision survives the termination of this Agreement.

11

General

11.1

This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof & supersedes all agreements, proposals, representations & other understandings, oral or written, of the parties.

No alteration or modification of this Agreement or the Schedule shall be valid unless made in writing & signed by an authorised signatory of each party.

The person signing this Agreement assumes full personal responsibility along with the firm, person or organization in whose name he/she is signing on behalf of.

11.2

The Renter / authorised driver is an independent contractor & is not an agent, representative, joint venture, partner or employee of the Lessor.

No fiduciary relationship exists between the Lessor & the Renter.

In the event the Lessor is for any reason held to be vicariously liable for any act / omission of the Renter & / or authorise d driver(s) despite this position, the Renter / authorised driver shall indemnify the Lessor for all losses incurred thereby including but not limited to

damages, expenses & legal costs payable to the claimant & the Lessors own loss & expense including legal costs & the costs incurred towards expert / factual witnesses on an indemnity basis.

11.3

This Agreement will inure to the benefit of the Lessor, its successors & assigns & may be transferred by the Lessor to any party without the Renter’s prior approval upon notice to the Renter.

With effect from receipt by the Renter of such notice, the Lessor is released from all obligations of this Agreement, & the Renter will have a new contract on the same terms as this Agreement with the transferee, successor or assignee named in the notice.

11.4

No relaxation forbearance of indulgence by the Lessor in enforcing any of the terms & conditions of this Agreement shall prejudice or

affect the rights & powers of the Lessor hereunder nor shall any waiver of any breach operate as a waiver of any subsequent or continuing breach.

11.5

If any provision of this Agreement is held to be invalid or unenforceable, the Lessor may elect either to modify the void, invalid or

unenforceable part to the extent necessary to render it legal, valid & enforceable or to sever the void, invalid or unenforceable part, in which the remaining provisions shall continue in full force & effect.

11.6

Any notice or other communication required or permitted under this Agreement shall be given in writing to the other party at the address stated in the Schedule, or such other address as shall be notified by a party to the other in writing.

11.7

A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce any of its terms.

11.8

This Agreement & the relationship between the parties shall be governed by, & interpreted in accordance with, the laws of Singapore. In

respect of any legal action or proceedings arising out of or in connection with this Agreement, the parties irrevocably submit to the jurisdiction of the courts of Singapore.

11.9

The Renter & authorised driver(s) shall at all times keep confidential & not disclose to any person, other than with the Lessor’s prior written approval, the terms of this Agreement & any related agreements concerning the hire of the Vehicle.