Company: Gold-Cheers Holding (M) Sdn. Bhd.
Brand / Platform: Bestie
These Terms and Conditions (“Terms”) govern your access to and use of the Bestie mobile application, website, software, features, tools, content, and related services (collectively, the “Platform” or “Services”).
By downloading, accessing, registering for, or using Bestie, you agree that you have read, understood, and accepted these Terms. If you do not agree to these Terms, you must immediately stop using the Platform.
1. DEFINITIONS
In these Terms, unless the context otherwise requires:
- “Bestie” means the mobile application, website, software platform, brand, and related services operated by Gold-Cheers Holding (M) Sdn. Bhd.
- “Company”, “we”, “us”, “our” refer to Gold-Cheers Holding (M) Sdn. Bhd., including its directors, officers, employees, agents, licensors, successors, and permitted assigns.
- “User”, “you”, “your” mean any person who accesses, registers for, browses, downloads, or uses the Platform or any part of the Services.
- “Partner” means any independent third-party service provider listed, approved, onboarded, or made available through the Platform, including drivers, delivery partners, ambulance providers, rental providers, and dignity care providers.
- “Rider” means a User who requests transportation services through Bestie Ride.
- “Booking” means a request, order, reservation, or transaction made through the Platform for any Service.
- “Services” means all services made available through Bestie, including but not limited to:
- Bestie Ride (e-hailing)
- Bestie Go (parcel and item delivery)
- Bestie Aid (ambulance / emergency transport facilitation)
- Bestie Care (dignity care transport and related support)
- Bestie Way (car rental / vehicle rental services)
- partner registration services,
- support services,
- payment and booking functions,
- promotional services,
- Any other service introduced by Bestie from time to time
- “Fees” means all amounts payable in connection with a Booking or the use of the Platform, including service fees, fare, booking fees, waiting fees, cancellation fees, tolls, taxes, charges, penalties, surcharges, and any other applicable amounts.
- “Content” means all text, graphics, logos, images, icons, audio, video, software, code, interface elements, designs, and other materials on or through the Platform.
- "Personal Data" means any information that relates directly or indirectly to an identified or identifiable individual and may include data collected through account registration, bookings, communications, usage, or device interaction.
2. ABOUT BESTIE
Bestie is a multi-service platform designed to connect Users with independent service providers for mobility, logistics, emergency transport facilitation, dignity care transport, and vehicle rental services.
Bestie’s main focus is e-hailing through Bestie Ride, while also offering other services that support daily mobility and special service needs. Bestie aims to provide a convenient, safe, and user-friendly experience through a single mobile application.
Bestie may introduce additional modules, products, or features from time to time. Any such additions may be subject to these Terms or to additional service-specific terms.
3. ACCEPTANCE OF THIS AGREEMENT
By using the Platform, you confirm that:
- you have read and understood these Terms;
- you agree to be legally bound by these Terms;
- you have the legal capacity to enter into this Agreement;
- you will comply with all applicable laws and regulations; and
- if you use the Platform on behalf of a company, organization, or other legal entity, you confirm that you are authorized to accept this Agreement on behalf of that entity.
If you do not accept these Terms, you may not use the Platform or the Services.
4. CHANGES TO THIS AGREEMENT
We may update this Agreement from time to time to reflect:
- changes in our Services,
- legal or regulatory requirements,
- operational changes,
- safety or security improvements, or
- other business needs.
When we make changes, we may provide notice through the Platform, by email, by push notification, or through other reasonable communication methods. The updated Terms will take effect on the date stated in the revised version. Your continued use of the Platform after any update becomes effective means that you accept the revised Terms.
5. ELIGIBILITY
To use the Platform, you must:
- be at least 18 years old, unless a specific service allows otherwise;
- have the legal right and capacity to enter into a binding agreement;
- provide accurate, complete, and up-to-date information;
- maintain a valid phone number, email address, or other contact detail;
- use the Platform only for lawful purposes;
- comply with all applicable laws, regulations, and safety requirements.
We reserve the right to request proof of identity, age, address, vehicle ownership, driving license, permits, licenses, certifications, or any other document necessary for account verification or service eligibility.
6. REGISTRATION AND ACCOUNT SECURITY
6.1 Account Creation
Some features of the Platform may require registration. You agree to provide truthful and complete information during registration and to keep your account details updated.
6.2 Account Responsibility
You are solely responsible for:
- maintaining the confidentiality of your login credentials;
- restricting access to your account;
- all actions taken through your account;
- ensuring that your account is not used unlawfully or fraudulently.
6.3 Unauthorized Access
If you suspect any unauthorized use of your account, you must notify us immediately. We are not liable for any loss or damage arising from your failure to protect your login credentials.
6.4 Account Accuracy
You must ensure that your account information remains accurate, current, and complete. If you provide false or misleading information, we may suspend or terminate your account.
6.5 Account Suspension or Termination
We may suspend, restrict, or terminate your account at any time if we believe that:
- you have violated these Terms;
- you have engaged in fraud, abuse, or misconduct;
- your account poses a safety, security, legal, or operational risk;
- we are required to do so by law, authority, or court order;
- you have provided false, incomplete, or suspicious information;
- your conduct threatens the reputation, operations, or users of the Platform.
7. DESCRIPTION OF SERVICES
7.1 Bestie Ride
Bestie Ride allows Users to request transportation services from independent driver Partners through the Platform.
7.2 Bestie Go
Bestie Go allows Users to request parcel, document, or item delivery services from independent delivery Partners through the Platform.
7.3 Bestie Aid
Bestie Aid is a service to facilitate emergency transport or ambulance-related requests through independent Partners or third-party providers. Bestie is a technology platform and not a medical service provider.
7.4 Bestie Care
Bestie Care is intended for dignity care transport and related support services handled with sensitivity, professionalism, and respect.
7.5 Bestie Way
Bestie Way allows Users to discover, book, or arrange vehicle rental services from independent vehicle owners or rental providers.
7.6 Other Services
We may introduce additional services, modules, subscriptions, partner programs, membership features, or business tools. Such services may have separate terms that apply in addition to these Terms.
8. ROLE OF BESTIE
Bestie is a technology platform and marketplace that connects Users with independent Partners. Unless expressly stated otherwise in writing, Bestie does not directly provide the transportation, delivery, medical, ambulance, rental, or care services displayed on the Platform.
8.1 Platform Only
Bestie is a digital marketplace and technology intermediary. We do not:
- own most vehicles used by Partners,
- employ or control the conduct of Partners;
- guarantee the quality, safety, or reliability of Services;
- be responsible for the actions or omissions of Partners.
8.2 Independent Partners
Partners are independent third parties. Their availability, pricing, service quality, and operational conduct are primarily their responsibility, subject to Bestie’s policies and applicable law.
8.3 No Guarantee of Outcome
We do not guarantee that a booking will always be accepted, fulfilled, completed on time, or performed to a particular standard, except where required by law or expressly stated in writing.
9. BOOKINGS AND ACCEPTANCE
9.1 Booking Request
When you submit a booking request, you are making an offer to use the relevant Service at the displayed or calculated terms.
9.2 Booking Confirmation
A Booking is not confirmed until it is accepted and/or matched through the Platform. We may refuse, cancel, or suspend a Booking if:
- the request is incomplete,
- the service is unavailable,
- the transaction appears suspicious,
- the User violates the Agreement, or
- there are operational or safety concerns.
9.3 Right to Refuse or Cancel
We may refuse, suspend, or cancel a booking if:
- the service is unavailable;
- the request is incomplete;
- there are safety concerns;
- the booking appears fraudulent or abusive;
- the user violates these Terms;
- the Partner is unavailable;
- the request is inconsistent with law, policy, or operational limits.
9.4 Incorrect Booking Details
You are responsible for entering accurate pickup, destination, contact, parcel, vehicle, or service details. If details are incorrect, additional charges, delays, failed bookings, or cancellation may occur.
9.5 Waiting and No-Show
If you are not ready at the agreed time and place, waiting fees or cancellation charges may apply. If you cannot be contacted or are absent from the pickup point, the booking may be marked as a no-show.
10. PRICING, FEES, AND PAYMENT
10.1 Pricing Model
Fees may be based on factors such as:
- distance,
- duration,
- time of day,
- demand,
- route,
- parking,
- service category,
- waiting time,
- vehicle type,
- tolls,
- special handling,
- provider availability,
- service complexity,
- urgency, or
- other variables shown in the Platform.
10.2 Upfront Fare or Estimated Fare
Where available, we may show estimated or upfront pricing before you confirm a booking. Final charges may change if:
- you alter the trip,
- you add stops,
- traffic conditions change,
- waiting time is incurred,
- tolls or parking are added,
- the job changes in scope.
10.3 Taxes and Statutory Charges
Any applicable taxes, levies, duties, surcharge, or government-imposed charges may be added to your bill where required by law.
10.4 Payment Authorization
By using the Platform, you authorize Bestie and its payment processors to charge your selected payment method for all applicable Fees.
10.5 Failed or Reversed Payment
If payment is declined, reversed, charged back, or otherwise not received, we may suspend access to the Platform until the outstanding amount is settled.
10.6 Payment Security
Payments may be processed by third-party payment gateways. We are not responsible for failures caused by bank systems, card issuers, e-wallet providers, or payment processors outside our control.
11. CANCELLATIONS, NO-SHOWS, REFUNDS, AND ADJUSTMENTS
11.1 Cancellations by Users
You may cancel a Booking before completion, but cancellation fees may apply depending on the service, timing, and Partner status.
11.2 No-Show
If you do not show up at the pickup point or cannot be reached, the booking may be treated as completed, cancelled, or no-showed, and you may be charged accordingly.
11.3 Cancellations by Bestie or Partner
A Partner may cancel a booking for legitimate reasons such as:
- safety concerns,
- inaccurate information,
- vehicle breakdown,
- technical errors,
- sudden unavailability;
- weather conditions,
- legal restrictions,
- operational limitations;
- emergency circumstances. or
- other reasonable operational reasons.
11.4 Refunds
Refunds may be granted only where we determine that a refund is justified under our policies, service rules, or legal obligations.
11.5 Refund Processing
Approved refunds will usually be processed through the original payment method or another method we consider appropriate, subject to banking or processor timelines.
11.6 Partial Refunds
Where part of a service has already been provided, only the unused or disputed portion may be eligible for refund, if any.
11.7 Administrative Deduction
We may deduct reasonable administrative, processing, or payment gateway fees where permitted by law and our policies.
11.8 Final Decision
Our decision on cancellation charges, refunds, fare adjustments, or dispute outcomes is final, unless required otherwise by law.
12. SERVICE-SPECIFIC TERMS
12.1 Bestie Ride
When using ride services, you agree that:
- you will behave respectfully to the driver;
- you will not endanger the driver, vehicle, or other passengers;
- you will wear seat belts where required;
- you will not request unlawful detours, stops, or conduct;
- you will not smoke, damage, or litter in the vehicle unless permitted;
- you will not transport prohibited items;
- you will not harass, abuse, or threaten the driver.
12.2 Bestie Go
When using delivery services, you agree that:
- you are solely responsible for ensuring the parcel is lawful, safe, and permitted;
- you will not send prohibited, dangerous, illegal, explosive, hazardous, or restricted goods;
- you will accurately declare the contents where required;
- you will properly package items to avoid damage;
- you are responsible for any loss resulting from incorrect information or improper packaging.
12.3 Bestie Aid
Bestie Aid is intended to facilitate emergency transport or ambulance-related requests through Partners.
You understand and agree that:
- Bestie is not a hospital, ambulance authority, or medical provider;
- Bestie does not replace official emergency numbers or emergency services;
- in life-threatening emergencies, you should contact local emergency authorities immediately;
- service availability depends on Partner coverage, operational capability, and local conditions;
- Partners may decline or redirect requests if circumstances require it for safety or operational reasons.
12.4 Bestie Care
Bestie Care is designed for sensitive, respectful, and dignity-based transportation or support arrangements.
You agree to:
- provide accurate and respectful instructions;
- behave with discretion and sensitivity;
- ensure that requests are lawful and appropriate;
- accept that Bestie may refuse or cancel service requests that are inappropriate, unlawful, or beyond operational scope.
12.5 Bestie Way
When using vehicle rental or booking services, you agree that:
- rental provider terms may apply in addition to these Terms;
- you will hold a valid driving license where required;
- you will obey traffic laws;
- you will return the vehicle on time and in the condition agreed;
- you are responsible for fuel, tolls, parking, fines, and penalties unless otherwise stated;
- you may be liable for loss, damage, misuse, theft, late return, or unauthorized use.
13. USER CONDUCT
You agree to use the Platform in a lawful, respectful, and responsible manner. You must not:
- use the Platform for criminal, fraudulent, or unlawful purposes;
- provide false, misleading, or incomplete information;
- harass, threaten, discriminate against, or abuse any person;
- attempt to manipulate pricing, promotions, ratings, or bookings;
- interfere with the safety or operation of any service;
- upload malware, spam, viruses, or harmful content;
- damage vehicles, parcels, property, or equipment;
- impersonate another person or organization;
- circumvent security, identity, payment, or verification procedures;
- use the Platform in a way that could harm Bestie, Users, Partners, or third parties;
- record or distribute private information without consent where prohibited;
- use the Platform in violation of applicable law.
We may investigate suspected violations and take any action we consider appropriate, including account suspension, termination, reporting to authorities, or legal action.
14. PROHIBITED ITEMS AND ACTIVITIES
You may not use the Platform to arrange transport, delivery, or rental involving prohibited, restricted, unsafe, unlawful, or suspicious items or activities, including but not limited to:
- illegal drugs or controlled substances,
- weapons,
- explosives,
- hazardous chemicals,
- stolen property,
- counterfeit goods,
- smuggled goods,
- animals prohibited by law,
- perishables requiring special handling unless approved,
- or any item prohibited by applicable law or by our policies.
We may refuse, cancel, report, or escalate any suspicious request.
15. PARTNER REQUIREMENTS
Partners may be required to satisfy one or more of the following:
- age and identity verification;
- valid licenses and permits;
- vehicle ownership or authority to use a vehicle;
- insurance coverage;
- roadworthiness and safety standards;
- professional qualifications;
- medical or emergency service credentials, where relevant;
- background checks or screening;
- compliance with Platform rules and legal obligations.
We may suspend or remove any Partner who fails to meet our standards or applicable legal requirements.
16. RATINGS, REVIEWS, AND FEEDBACK
The Platform may allow Users to submit ratings, reviews, comments, or feedback.
You agree that:
- feedback must be truthful, respectful, and based on genuine experience;
- you must not submit fake, retaliatory, defamatory, abusive, or misleading reviews;
- we may remove or moderate feedback that violates these Terms or any applicable law;
- we may use ratings and feedback to improve service quality, safety, and user experience.
17. PROMOTIONS, VOUCHERS, REFERRALS, AND DISCOUNTS
We may offer promotions, referral rewards, discount codes, vouchers, subscription benefits, loyalty rewards, or campaign offers.
Unless stated otherwise:
- promotions are non-transferable;
- promotions may have expiry dates, conditions, or usage limits;
- promotions cannot be exchanged for cash;
- promotions may be withdrawn or modified at any time where allowed by law;
- misuse or abuse of promotions may result in forfeiture or account action;
- promotions may be limited to eligible users, regions, or services.
18. COMMUNICATIONS
By using the Platform, you consent to receive communications from us through one or more of the following:
- email,
- SMS,
- push notifications,
- in-app messages,
- phone calls,
- or other reasonable communication channels.
These communications may include:
- booking confirmations,
- service updates,
- safety alerts,
- account notices,
- support responses,
- operational announcements,
- promotional content, where permitted by law and your preferences.
You are responsible for ensuring that your contact details remain valid and active.
19. DATA PROTECTION AND PRIVACY
Your use of the Platform is also governed by our Privacy Policy.
Bestie may collect, use, store, process, and disclose Personal Data as needed to:
- create and manage accounts,
- match Users with Partners,
- facilitate bookings,
- process payments,
- provide customer support,
- improve services,
- prevent fraud,
- comply with legal obligations,
- and maintain safety and security.
Because Bestie operates in Malaysia, our handling of personal data is intended to be consistent with the PDPA framework governing the processing of personal data in commercial transactions.
You acknowledge that:
- location data may be collected and used to provide or improve services;
- booking data may be shared with relevant Partners to fulfill a request;
- support communications may be monitored or stored for quality, security, and dispute purposes;
- we may retain records for operational, legal, tax, accounting, safety, or compliance reasons.
20. INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Platform, its design, software, code, layout, features, branding, trademarks, service marks, logos, and Content belong to Bestie or its licensors.
You must not, without our prior written consent:
- copy or reproduce the Platform or Content;
- modify, translate, adapt, or create derivative works;
- reverse engineer, decompile, or disassemble the software;
- remove copyright notices or branding;
- use our trademarks or logos in a misleading or unauthorized manner;
- exploit the Platform or Content for commercial use outside permitted use.
21. USER CONTENT
If you upload, submit, send, post, or otherwise provide any content to the Platform, including text, photos, files, documents, messages, reviews, or other materials, you grant Bestie a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, store, modify, adapt, publish, translate, display, and distribute such content to operate, improve, promote, and protect the Platform.
You represent and warrant that:
- you own or have the necessary rights to provide such content;
- your content does not violate any law or third-party right;
- your content is not defamatory, illegal, obscene, threatening, hateful, or harmful;
- your content is not deceptive or misleading.
We may remove or restrict content at our discretion where it violates these Terms or applicable law.
22. THIRD-PARTY SERVICES AND LINKS
The Platform may contain links to or integrations with third-party services, including mapping tools, payment gateways, communications tools, analytics, or external websites.
We do not control those third-party services and are not responsible for:
- their availability,
- their content,
- their privacy practices,
- their terms,
- their security,
- or any loss arising from your use of them.
Your use of third-party services may be subject to separate terms and policies.
23. SAFETY, EMERGENCY, AND DISCLAIMERS
Bestie includes services that may be used in urgent, sensitive, or time-critical situations.
You acknowledge that:
- the Platform is not a substitute for official emergency authorities;
- all Users must act responsibly and not misuse emergency functions;
- life-threatening emergencies may require immediate contact with local emergency services;
- location sharing and trip information are safety features, but not a guarantee of protection;
- Bestie cannot guarantee that every emergency request will be fulfilled immediately.
24. NO MEDICAL ADVICE
Any emergency, ambulance, care, or related information shown on the Platform is intended for service facilitation only and does not constitute medical advice, diagnosis, treatment, or emergency instruction.
You should always seek professional medical assistance where necessary.
25. SERVICE AVAILABILITY
The Platform and Services may not be available at all times or in all locations.
We do not guarantee uninterrupted access because availability may be affected by:
- maintenance,
- technical issues,
- internet failures,
- third-party outages,
- weather,
- traffic,
- public emergencies,
- legal restrictions,
- force majeure,
- or operational constraints.
We may modify, suspend, or discontinue any part of the Platform at any time.
26. WARRANTY DISCLAIMER
To the maximum extent permitted by law, the Platform and Services are provided on an “as is” and “as available” basis.
We do not guarantee that:
- the Platform will always be secure, uninterrupted, or error-free;
- any content or information will always be accurate, complete, or current;
- all bookings will be accepted;
- all Partners will meet your expectations;
- the Platform will always meet your specific needs;
- defects will always be corrected immediately.
Any implied warranties are disclaimed to the maximum extent allowed by law.
27. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Bestie, its related entities, directors, officers, employees, representatives, agents, contractors, and licensors shall not be liable for:
- indirect, incidental, special, punitive, exemplary, or consequential damages;
- loss of profit, revenue, business, opportunity, goodwill, or data;
- delays, cancellations, missed appointments, or scheduling losses;
- actions or omissions of Partners or other Users;
- service interruptions or technical failures;
- misuse, negligence, unlawful conduct, or inaccurate information supplied by Users;
- losses arising from third-party systems or external service providers.
Where liability cannot be excluded by law, our liability will be limited to the minimum extent permitted by law.
- in the case of goods, to the price paid for the goods;
- in the case of services, to the fees paid for the services.
28. INDEMNITY
You agree to indemnify, defend, and hold harmless Bestie and its related parties from any and all claims, demands, losses, liabilities, costs, damages, and expenses arising from or related to:
- your breach of these Terms;
- your violation of any law or regulation;
- your misuse of the Platform;
- your infringement of any third-party rights;
- your negligence, fraud, or misconduct;
- content or information you provide;
- your use of any Service in a manner that causes loss or harm to Bestie, Partners, or third parties.
29. SUSPENSION, RESTRICTION, AND TERMINATION
We may, at our sole discretion and without liability, suspend, restrict, or terminate your access to the Platform immediately or on notice if:
- you violate these Terms;
- we suspect fraud or abuse;
- your account is inactive for a prolonged period;
- your conduct creates safety, security, legal, or reputational risk;
- you are found to have used the Platform in an unlawful or harmful manner;
- required by law or competent authority.
Upon termination:
- your right to use the Platform ends immediately;
- any unpaid Fees or outstanding obligations remain payable;
- sections that by their nature should survive termination will remain in effect.
30. DISPUTE RESOLUTION
If you have a complaint or dispute, you agree to first contact our support team and attempt to resolve the matter in good faith.
If the issue cannot be resolved informally, either party may pursue any legal or equitable remedy available under applicable law.
Nothing in these Terms prevents Bestie from taking urgent action to protect the Platform, Users, Partners, data, property, or legal rights.
31. GOVERNING LAW AND JURISDICTION
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Malaysia.
Subject to any mandatory legal requirements, you agree that the courts of Malaysia shall have jurisdiction over any dispute related to these Terms, the Platform, or the Services.
32. FORCE MAJEURE
We are not responsible for delays, failures, or interruptions caused by events beyond our reasonable control, including but not limited to:
- acts of God,
- natural disasters,
- fire,
- flood,
- storm,
- epidemic or pandemic,
- strikes,
- civil unrest,
- war,
- government action,
- telecom failure,
- power failure,
- cyberattacks,
- or third-party platform outages.
33. SEVERABILITY
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
34. NO WAIVER
If we do not immediately enforce any part of these Terms, it does not mean that we have waived any right, power, or remedy.
Any waiver must be in writing to be effective.
35. ENTIRE AGREEMENT
These Terms, together with any service-specific terms, the Privacy Policy, and any additional policies published by Bestie, constitute the entire agreement between you and Bestie regarding your use of the Platform.
They replace and supersede all prior discussions, understandings, or agreements on the same subject matter.
36. ASSIGNMENT
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, restructuring, sale of assets, or other business transaction.
37. RELATIONSHIP OF THE PARTIES
Nothing in these Terms creates:
- a partnership,
- employment relationship,
- joint venture,
- agency relationship,
- fiduciary relationship,
- or franchise relationship between you and Bestie, unless expressly stated otherwise in writing.
38. CONTACT INFORMATION
If you have any questions, requests, complaints, or notices relating to these Terms, you may contact us at:
- Gold-Cheers Holding (M) Sdn. Bhd.
- 12-1, Jalan Seri Impian 8/1A, Bandar Seri Impian, Impiana Square, 86000 Kluang, Johor Darul Ta'zim
- Email: admin@goldcheers.com.my
ACKNOWLEDGMENT
By clicking “I Agree,” creating an account, downloading the Platform, or using any part of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.