Effective Date: 15th August 2023
These Terms and Conditions constitute a legally binding agreement (the “Agreement”) between you and Move Software Pte. Ltd., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “MOVE,” “we,” “us” or “our”) governing your use of the MOVE small program, application, website, and technology platform (collectively, the “MOVE Platform” or “Platform”).
By entering into this Agreement, and/or by using or accessing the MOVE Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS OUR PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE OCAR PLATFORM.
1.The MOVE Platform
The MOVE Platform provides a marketplace where persons (“Riders”) who seek transportation to certain destinations can be matched with transportation options to such destinations. It enables Riders request rides from drivers (“Drivers”) who are willing to driving to or through those destinations. If the drivers belong to one or more entities who entered into this Agreement with us, then the drivers and the entities shall be collectively referred as Drivers, bearing jointly liabilities in accordance with this Agreement. Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as "MOVE Services." As a User, you authorize MOVE to share your riding request or driving schedule posted on our Platform with a Driver or Rider (as the case may be), based on factors such as your location, the estimated time to pick-up, your destination, user preferences, and platform efficiency. Each User warrants that that their decision to use MOVE Services is personal, voluntary and based on their sole discretion. Each MOVE Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
2. Modification to the Agreement
MOVE reserves the right to modify the terms and conditions of this Agreement, and such modifications shall become effective upon posting. Continued use of the MOVE Platform or MOVE Services after any such changes shall constitute your consent to such changes.
3. Eligibility
The MOVE Platform may only be used by individuals/entities who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The MOVE Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the MOVE Platform, each User shall create a User account. Each person may only create one User account, and MOVE reserves the right to deactivate any additional or duplicate accounts. By becoming a User, you represent and warrant that you are at least 18 years old.
4. Charges
As a rider, you understand that request or use of MOVE Services may result in charges to you (“Charges”). Charges for MOVE Services include Fares and other applicable fees, tolls, surcharges, and taxes as suitable to your location, plus any tips to the Driver that you elect to pay. We will provide policies for Charges on our Platform as may be changed from time to time.
4.1 Fares and Charges
The fares and charges on each ride are determined based on the distance and the number of persons sharing the ride. The fares and charges consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we may use GPS data from your phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride.
We will clearly show you the payment rules applied to each transaction and charge on our Platform, and make same available to you whenever you want.
You understand that we may change fare and charge rules in response to market changes or other new conditions. We highly recommend that you pay attention to any proposed changes, because your continued use will indicate acceptance of those changes.
4.2 General Policy
Facilitation of Charges. Charges and payment shall be made through the MOVE Platform, cash payments are acceptable only if being in accordance with all the policies of MOVE Platform. Your payment of Charges to MOVE satisfies your payment obligation for your use of the MOVE Platform and MOVE Services. MOVE may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don't recognize a transaction, then check your ride receipts and payment history for reconciliation.
No Refunds. All Charges for completed trips are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the MOVE Platform, any disruption to the MOVE Platform or MOVE Services, or any other reason whatsoever.
5. Payments
If you are Drivers, we will collect payments from Riders and other third parties as your limited payment collection agent and you agree that the receipt of such payments by MOVE satisfies the payer's obligation to you. We will deduct the services fee (as posted on our Platform and may be modified from time to time) from the payment we collect and make the remaining remittance to you within a time period according to our policies, regulations that are fully agreed and acknowledged by you after each payment collected if no withhold condition occurs. You understand that we are entitled to modify the policies and regulations aforementioned from time to time.
In addition to the terms above-mentioned, you are obligated to obey other policies and terms that MOVE provided for charges and payments, including but not limited to cash collection policy, cash payment policy and such policies as modified from time to time.
MOVE reserves the right to adjust or withhold all or a portion of the payment owed to you (except tips): (i) if we believe that you have attempted to defraud or abuse Riders, MOVE, or MOVE’s payment systems, or (ii) in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Rideshare Services in the MOVE application when the ride was over). MOVE’s decision to adjust or withhold the Driver Fare or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your fares with any party (such as vehicle rental or lease payments), those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that your fare and any other payments to you will be paid to you on at least a weekly basis.
You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law and this Terms and Conditions.
6. MOVE Communications
By entering into this Agreement or using the MOVE Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from MOVE, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the MOVE Platform or MOVE Services, use of other services through the MOVE Platform, updates concerning new and existing features on the MOVE Platform, communications concerning promotions run by us or our third-party partners, and news concerning MOVE and industry developments.
Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
7. Your Information
Your Information is any information you provide, publish or post to or through the MOVE Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any MOVE-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the MOVE Platform and participate in the MOVE Services. Our collection and use of personal information in connection with the MOVE Platform and MOVE Services is as provided in MOVE’s Privacy Notice located on our Platform. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable MOVE to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. MOVE does not assert any ownership over your Information; rather, as between you and MOVE, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
8. Promotions, Referrals, and Loyalty Programs
MOVE, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with MOVE.
9. Restricted Activities
With respect to your use of the MOVE Platform and your participation in the MOVE Services, you agree that you will not:
1) Impersonate any person or entity;
2) Stalk, threaten, or otherwise harass any person, or carry any weapons;
3) Violate any law, statute, rule, permit, ordinance or regulation;
4) Interfere with or disrupt the MOVE Platform or the servers or networks connected to the MOVE Platform;
5) Post Information or interact on the MOVE Platform or MOVE Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
6) Use the MOVE Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
7) Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the MOVE Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
8) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the MOVE Platform;
9) “Frame” or “mirror” any part of the MOVE Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
10) Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the MOVE Platform;
11) Rent, lease, lend, sell, redistribute, license or sublicense the MOVE Platform or access to any portion of the MOVE Platform;
12) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the MOVE Platform or its contents; link directly or indirectly to any other web sites;
13) Transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
14) Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
15) Cause any third party to engage in any of the restricted activities above.
10. Driver Representations, Warranties and Agreements
By providing MOVE Services as a Driver on the MOVE Platform, you represent, warrant, and agree that:
1) You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide MOVE Services.
2) You own, or have the legal right to operate, the vehicle you use when providing MOVE Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
3) You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing MOVE Services, MOVE provide Services as a Driver while under the influence of alcohol or drugs, or take any action that harms or threatens to harm the safety of the MOVE community or third parties.
4) You will only provide MOVE Services using the vehicle that has been reported to, and approved by MOVE, and for which a photograph has been provided to MOVE, and you will not transport more passengers than can securely be seated in such vehicle (and no more than Four(4) passengers in any instance).
5) You will not, while providing the MOVE Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
6) You will not attempt to defraud MOVE or Riders on the MOVE Platform or in connection with your provision of MOVE Services.
7) We may obtain information about you, including your criminal and driving records,
and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
8) You will pay all applicable taxes based on your provision of MOVE Services and any payments received by you.
11. Intellectual Property
All intellectual property rights in the MOVE Platform shall be owned by MOVE absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), licenses and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the MOVE Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of MOVE.
MOVE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MOVE respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the MOVE Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
12. Disclaimers
The following disclaimers are made on behalf of MOVE, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
WE DO NOT PROVIDE TRANSPORTATION SERVICES, AND WE ARE NOT A TRANSPORTATION CARRIER WHEN PROVIDING MOVE SERVICES ACCORDING TO THIS AGREEMENT. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the MOVE Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the MOVE Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the MOVE Services.
The MOVE Platform is provided on an “as is”basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the MOVE Platform and/or the MOVE Services, including the ability to provide or receive MOVE Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the MOVE Platform or MOVE Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the MOVE Platform will be corrected, or that the MOVE Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the MOVE Platform or MOVE Services.
We cannot guarantee that each Rider is who he or she claims to be. Please remain alert and observant when using the MOVE Platform and MOVE Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the MOVE Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
MOVE is not responsible for the conduct, whether online or offline, of any User of the MOVE Platform or MOVE Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the MOVE Platform and participating in the MOVE Services, you agree to accept such risks and agree that MOVE is not responsible for the acts or omissions of Users on the MOVE Platform or participating in the MOVE Services.
You are responsible for the use of your User account and MOVE expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the MOVE Platform (including any profile information you provide), send to other Users, or share during the MOVE Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the MOVE Platform or through the MOVE Services. Please carefully select the type of information that you post on the MOVE Platform or through the MOVE Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning MOVE or made available through the MOVE Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the MOVE Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the MOVE Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the MOVE Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither MOVE, nor any of its content providers, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the MOVE Platform. Any of your uploaded information, including geolocational data, provided, or posted on the MOVE Platform may be accessible to MOVE and certain Users of the MOVE Platform.
MOVE advises you to use the MOVE Platform with a data plan with unlimited or very high data usage limits, and MOVE shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the MOVE Platform.
13. Indemnity
You hereby indemnify, and hold MOVE, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’fees) relating to or arising out of your use of the MOVE Platform and participation in the MOVE Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the MOVE Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of MOVE Services as a Driver; and/or (5) any other activities in connection with the MOVE Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
14. Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) 15 days after either Party provides a written notice of termination; b) by by either Party immediately, without notice, upon the other Party’s material breach of this Agreement.
In addition, MOVE may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide MOVE Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) MOVE has the good faith belief that such action is necessary to protect the safety of the MOVE community or third parties.
15. Dispute Resolution and Governing Law
Law. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of Kingdom of Cambodia.
Arbitration. 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.
Waiver of Immunity. You hereby irrevocably and unconditionally waive any immunity to which you may at any time be or become entitled, whether characterized as sovereign immunity or otherwise, from any set-off or legal action in Kingdom of Cambodia or elsewhere.
16. Confidentiality
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to MOVE’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by MOVE for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the MOVE Platform any User Information obtained from the MOVE Platform.
17. Relationship with MOVE
As a Driver on the MOVE Platform, you acknowledge and agree that you and MOVE are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and MOVE expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and MOVE; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind MOVE, and you undertake not to hold yourself out as an employee, agent or authorized representative of MOVE.
If you are a Driver, you agree that MOVE shall be entitled to manage you according to this Agreement as well as other driver policies and regulations, including bu not limited to service standards, customer rules, charge rules.
18. Contact
If you have any questions regarding the MOVE Platform or MOVE Services, please contact us through E-mail: support@movesuperapp.com