Effective Date: 15th August 2023
Legal Notice
1. Definitions
1.1 The Platform: refers to the e-commerce platform operated by Move Software Pte. Ltd that provides You and online car-hailing service providers with information technology services, and assists You in transactions with online car-hailing service providers, including but not limited to Internet platforms, mobile clients, and other network platforms.
1.2 Online Car-hailing Service Providers (the “Service Providers” or “Operators on the Platform”): refer to the companies that provide You with online car-hailing services through the Platform, including Move as a service provider and third-party as a service provider. The aforementioned third-party service provider will be indicated in a specific service agreement with You.
1.3 Platform Rules: Refers to all rules, announcements, etc. that have been published or subsequently published and updated by the Platform in the “Platform Rules” channel.
1.4 Passenger services: The online car-hailing services provided by this Platform for passengers include but are not limited to real-time car-hailing services, reservation services within designated areas (included reservation and rental service), cross-regional chartered car services (intercity service), and airport transfer services, etc. These types can be adjusted at any time according to market conditions. with increase and decrease.
2. Platform Services and Commitment to Customers
2.1 You can browse the online car-hailing service information released by the Online Car-hailing Service Providers on the Platform, choose the corresponding Service Providers and service products tailored to Your needs, propose specific online car-hailing service requirements, and enter into service contracts or place orders with the Service Providers, and inquire about other platform services with order information, subject to the services displayed on the Platform.
2.2 The Platform will make reasonable efforts to assist You in obtaining the online car-hailing services provided by the Service Providers, subject to factors such as whether there are vehicles available for online car-hailing services around the location where You make requests for the services.
2.3 In order to improve the Platform Services, the Platform will unceasingly work hard to develop new service functions and provide You with app updates from time to time (in the form of app replacement, modification, function enhancement, version upgrade, etc.). After the new version of apps is released, the old version thereof may be unavailable; since the Platform cannot warrant that the old version thereof and corresponding services are further made available, please check and download the latest version of apps in a timely manner.
2.4 In order to ensure the quality of online car-hailing services and the safety of passengers, the vehicles on the Platform are also equipped with driving recorders to record the conditions inside and outside the vehicles for online car-hailing services. Except as mandated by laws and regulations or when necessary, the Platform discloses no personal information related to passengers to any third party.
2.5 Before using Platform Services, You must undertake and warrant as follows:
2.5.1 You will strictly abide by this Agreement and the Platform Rules;
2.5.2 You will comply with all applicable laws and regulations, public order, and good customs;
2.5.3 You will not use the Platform Services or apps for illegal purposes, including (but not limited to) sending or storing any illegal information or using the Platform Services for fraudulent purposes;
2.5.4 You will not use the Platform Services or apps to infringe upon the legal rights of others, or harass, hinder or cause inconvenience to others;
2.5.5 You will not affect the normal operation of the platform networks or attempt to cause harm to the Platform Services or apps;
2.5.6 When the Platform makes a reasonable request, You will provide personal information including driver's license, identity certificate, contact information, address, and other information.
If You violate any of the above requirements, the Platform has the right to immediately terminate any service to You on the Platform, and will not be responsible for any losses that may be caused to You.
3. Fees and Payment
3.1 It has cost the Platform a lot to provide the Platform Services to You. In addition to the fees specified by the Platform, for Your experience and convenience, the Platform temporarily charges no platform service fees; however, the Platform has the right to charge You for platform services with good reasons at such times it deems appropriate and at such prices determined at its discretion; the Platform will notify You of such fees by advance announcements, push notifications or pop-up windows on the Platform to ensure that You have the full right to make a choice.
3.2 Unless otherwise agreed upon or stated, You shall pay service fees to the Service Providers pursuant to the agreement between You and them. You can check the prices for online car-hailing services published by the Service Providers on the Platform. These prices may be updated at any time based on market supply and demand. You need to pay attention to changes in service prices and choose service products suitable for You at will.
3.3 After using the online car-hailing services, You should pay the corresponding service fees (including but not limited to car fare and other actual expenses) in a timely manner. If the Platform finds that You have refused to pay or defaulted on payment of the above fees based on the Platform records, the Platform has the right to suspend all or part of its services based on the feedback from the online car-hailing service providers, and notify other information service platforms to suspend services to You. If You believe that it is unreasonable for the Platform to suspend or interrupt services to You, You can contact customer service to appeal.
3.4 The Platform provides order query services, by which You can check the order status via the platform at any time. You should check the actual payment in a timely manner after services are completed, and contact the Service Providers to verify any difference (if any) and overcome any objections. You clearly understand and agree that the Platform has no obligation to assist You in resolving any service-related disputes between You and the Service Providers, such as the disputes over fees, payment, and service quality.
3.5 We provide Move Wallet function for you as passengers. You can top-up your wallet online through the platform or through offline customer service, and use the wallet available balance to pay for our platform service process. Specific rules for using wallets You can refer to the " Move Wallet Terms and Conditions ".
4. Authorization and License
4.1 Subject to Your compliance with this Agreement, the Platform grants You a limited, non-exclusive, and non-transferable license to download and install a copy of the Platform app to and on a single mobile device that belongs to You or under Your control and to run such copy thereof only for Your purposes. You shall not:
(1) License, sublicense, sell, resell, transfer, allocate, distribute services or apps in any way, or otherwise commercially develop the same or provide the same to any third party;
(2) Modify the functions or apps of the Platform Services, or create derivative products accordingly;
(3) Create an Internet link to the Platform Services, or “design” or “mirror” any apps on any other servers or wireless or Internet-based devices;
(4) Reverse engineer or access app programs to design or build competing products or services, use ideas or graphics similar to the Platform Services or apps to design or build products, or copy any ideas, features, functions, or graphics of the Platform Services or apps;
(5) Start automatic programs or scripts, send multiple server requests per second, or overload the Platform Services or apps or hinder their work and/or performance.
4.2 In addition, You shall not:
(1) Send spam or repetitive or unwelcome E-mails that violate applicable laws in other forms;
(2) Send or store tortious, obscene, threatening, defamatory or otherwise illegal or infringing materials, including materials that endanger children or infringe upon the privacy rights of third parties;
(3) Send or store the materials containing software viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs;
(4) Obstruct or disrupt the integrity or performance of websites, apps, Platform Services or the data contained therein;
(5) Attempt to access websites, apps, Platform Services or related systems or networks without authorization;
(6) Commit or attempt to commit any other actions prohibited by applicable laws.
4.3 To the maximum extent permitted by law, the Platform will have the right to investigate and prosecute any of the above violations. The Platform can participate in and assist the law-enforcing department in bringing a lawsuit against users who violate this Agreement. If the Platform believes that any content violates this Agreement or otherwise causes harm to the website, Platform and/or the services or apps therein, the Platform has the right to unilaterally delete or disable access to these contents at its discretion.
5. Intellectual Property Rights
5.1 The intellectual property rights in and to the contents of the Platform, including but not limited to books, photographs, files, information, materials, platform architecture, website layout and webpage design are owned by the Platform and/or its affiliates in accordance with the law. Such intellectual property rights including but not limited to trademarks, patent rights, copyrights, and trade secrets. Without the written consent of the Platform, no one may use, modify, reverse engineer, copy, publicly disseminate, alter, distribute, release, or publish the programs or contents of the Platform.
5.2 Without the prior written consent of the Platform, You may not display or use or otherwise dispose of the trademarks, logos, product and service names of the Platform in any way, or indicate that You have the right to display, use or otherwise dispose of the same.
6. Third-Party Links
The Platform may contain links to third-party websites or apps and third-party services. These links or third-party services are accessed at Your discretion. The Platform makes no undertaking or warranty as to the accuracy, integrity, adequacy and reliability of any information, data, opinions, pictures, statements, or recommendations provided via these links. If You decide to access any third-party website or app linked to the Platform, You will be solely responsible for the possible consequences and risks arising from such access.
7. Limitation of Liability
7.1 You understand and agree that: the Platform will perform basic guarantee obligations in accordance with the law. During Your use of the Platform Services, the Platform Services may be interrupted by factors such as force majeure, technical risks, system service upgrades, etc. For the obstacles, defects, delays, or changes in performance attributable to the following reasons, the Platform does not bear the corresponding liability for breach of contract:
7.1.1 Force majeure factors such as natural disasters, strikes, riots, wars, government acts, judicial and administrative orders, etc.
7.1.2 Public service factors such as power supply failures, communication network failures, or Your fault or third-party factors;
7.1.3 When the Platform is managed in good faith, factors such as routine or emergency equipment and system maintenance, equipment and system failures, defects, network information and data security, technical risks, etc.
7.1.4 Circumstances beyond the control of the Platform or that cannot be reasonably foreseen by the Platform.
7.2 You understand and confirm that the Platform, as an e-commerce platform for online car-hailing services, only provides You and the online car-hailing service providers with the Platform Services specified in this Agreement. Each online car-hailing service provider provides You with specific online car-hailing services via the Platform and assumes all the responsibilities as a service provider.
8. Liability for Breach of Contract
8.1 If You violate the provisions of this Agreement, the Platform has the right to suspend, terminate the services to You, or take other restrictive measures based on the severity of Your breach. If You violate the user rules of the Platform, the Platform has the right to hold You accountable for violation in accordance with the rules of the Platform.
8.2 If You cause losses to the Platform by violating this Agreement, You shall compensate for the losses suffered and the reasonable expenses incurred by the Platform.
8.3 If a claim is made against the Platform by a third party due to Your breach of this Agreement, the Platform has the right to recover compensation from You after assuming responsibility to the third party, including the losses suffered by the Platform and the reasonable expenses paid accordingly.
8.4 If Your actions cause losses to a third party and You fail to take responsibility in a timely manner in accordance with laws and regulations, terms of this Agreement, the rules and regulations of the Platform, etc., for maintaining the order of the Platform and protecting the legal rights of users, You agree to entrust the Platform with the above payment and to reimburse all the fees paid by the Platform.
8.5 The term “loss” referred to in this Clause includes financial loss, loss of goodwill, etc. The “reasonable expenses” referred to in this Clause include litigation fees, attorney’s fees, appraisal costs, notarization expenses, travel expenses, etc.
9. Term of this Agreement
9.1 This Agreement between You and the Platform has an infinite term.
9.2 You have the right to terminate this Agreement at any time by permanently deleting the Platform app installed on Your smartphone to prevent You from using the Platform and the apps and services therein.
9.3 If You commit the following acts, the Platform has the right to terminate this Agreement without notice (which means that You are prohibited from using the Platform app and services):
9.3.1 You breach any provision of this Agreement;
9.3.2 The Platform believes that You abuse the Platform apps or Platform Services.
After terminating this Agreement, the Platform will give notices under this Agreement.
10. Miscellaneous
10.1 If a certain clause(s) of this Agreement is held to be invalid while other clauses remain valid and performance thereof is not affected, the Platform may decide whether to continue to perform the remaining clauses.
10.2 The Platform can send notifications by the following means:
10.2.1 Publishing notices on the Platform;
10.2.2 Sending E-mails or text messages to Your E-mail address or phone number registered in Your account information.
If Your contact information is changed, You are obliged to update the relevant information in a timely manner and maintain the status of being contactable.
10.3 Without the written consent of the Platform, You may not transfer any of the rights and obligations under this Agreement.
11. Governing Law
11.1 The conclusion, entry into force, interpretation, revision, supplementation, termination, the performance of this Agreement, and dispute resolution shall be governed by the laws of the Kingdom of Cambodia. If laws remain silent, please refer to business practices and/or industry practices.
11.2 Disputes arising out of Your use of the Platform Services and in connection with the Platform Services will be resolved through negotiation between You and the Platform. If no settlement can be reached through consultation, any dispute arising out of or in connection with this Agreement, including any doubt as to the existence, validity, performance, or termination of this Agreement, shall be referred to the National Commercial Arbitration Center (NCAC) of the Kingdom of Cambodia for arbitration in accordance with the arbitration rules (NCAC rules) then in effect at the time of arbitration; the arbitral award is final and binding on both parties.