Terms & Conditions

1. INTRODUCTION

These Terms of Use and eMooVit Technology Sdn Bhd Policies represent a legally binding agreement between you and eMooVit. Please read through the Terms carefully and you must agree to abide by these terms of service in order to use any of the services. Words spelled with initial capital letters are defined terms that, for your ease of reference, will be explained further in the latter part of the terms and conditions.
Your use of our website, Application, Platform, and Services shall be governed by these Terms and Conditions and you hereby agree that your use of the Sites, Application, Platform, and Services shall form your agreement to be bound by these Terms and Conditions.
eMooVit Technology Sdn Bhd has the right to amend these Terms and Conditions from time to time as when necessary, and such amended Terms and Conditions shall take immediate effect once eMooVit Technology Sdn Bhd has posted the same on the Sites and the Platform and be binding on you.
Your access and/or use of the website, Application, Platform, and Services shall be understood and automatically treated as an acknowledgment of and agreement to be bound by any such amended or additional Terms and Conditions.

2. DEFINITIONS

“eMooVit” means eMooVit Technology Sdn Bhd (1201341-A) in relation to eMooVit Technology Sdn Bhd Autonomous Ride;
“eMooVit Technology Sdn Bhd Autonomous Ride” means an on-demand, same-day, and/or scheduled Autonomous Ride services under eMooVit;
“eMooVit Technology Sdn Bhd Autonomous Ride” is an autonomous e-hailing booking service under eMooVit. It works by gathering passengers’ bookings in real-time and then traveling a route based on everyone’s pick-up and drop-off stops;
User(s) means an individual or business entity who uses the Service provided by eMooVit Technology Sdn Bhd either via Application and/or Platform;
“Application” means the mobile application(s) made available for download by eMooVit Technology Sdn Bhd to the User and Driver respectively;
“Software” means the software associated with the Application which is made available for download by eMooVit;
“Platform” means the portal or website that is made by eMooVit Technology Sdn Bhd that enables User to request or access Services;
“Service(s)” means the following transportation and/or logistics services that are made available to Users: eMooVit Technology Sdn Bhd Autonomous Ride.
“End User(s)” refers to the recipient of eMooVit Technology Sdn Bhd Autonomous Ride service;
“E-Money Account” means a payment account that stores money electronically in exchange for money paid to the service provider;
“E-Wallet” means a payment account that displays and stores a driver’s income electronically;
“Driver(s)” means an individual who carried out the transportation and/or logistics assignment for eMooVit;
“Order Taker” refers to a team that accepts and assigns the Autonomous Ride request to the End User. They act as eMooVit customer service representatives;
“Affiliate” means with respect to any entity, any other entity controlling, controlled by, or under common control with such entity. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise;
“Intellectual Property Rights” means all intellectual property rights, including but not limited to rights to patents, rights in circuit layouts, trademarks, service marks, trade names, registered designs, copyrights, and other forms of intellectual property or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets and confidential information, and any other protected rights and assets and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.
“Autonomous” refers to a vehicle capable of sensing its environment and operating without human involvement.

3. GENERAL TERMS

All information provided by you shall be true and accurate;
You will use the website, Application, Platform, and Services for their intended use and lawful purposes;
You shall not lease, rent, sublicense, distribute or transfer copies of the Platform or the license of use of the Platform to any third parties;
You will keep any of your identification including the account password we provided to you confidential and secure;
You will not try to harm websites, Applications, Platforms, and Services in any way;
You will provide us with the necessary documents such as proof of identity, permits, licenses, or other approval whenever we may request or require from you;
You will not use the Application and/or Software for sending any unlawful material or fraudulent purposes;
You agree to comply with all laws that are applicable to you and/or use of the Service while using the Service. Without permission from eMooVit you shall not copy, counterfeit, or distribute the Software;
You shall always maintain and update your information in a timely manner and make sure they are accurate and complete as eMooVit Technology Sdn Bhd may rely on this information;
You shall not contact the Driver other than in connection with the Service;
You will not use the Application, Platform, and/or Software to make fake bookings;
You shall not intentionally or unintentionally cause any damage to the vehicle.

4. ADDITIONAL TERMS

EMOOVIT TECHNOLOGY SDN BHD AUTONOMOUS RIDE

Autonomous Ride requests must be made to the authorized Autonomous Ride contact information of eMooVit Technology Sdn Bhd Autonomous Ride, including but not limited to its partners (Online Platforms or Application).
Autonomous Ride operating hours may change from time to time due to unforeseen circumstances (such as pandemics) and other Government rulings, etc.
The coverage of eMooVit Technology Sdn Bhd Autonomous Ride is updated on its Online Portal/Social Media.
Online registration/QR code is required in order to make bookings for any Autonomous Ride.
You can request for an Autonomous Ride on the spot in not less than one (1) hour before the required Autonomous Ride time. This will be subject to the availability of the timeslot in the web portal.
You can book for scheduled time and date of your Autonomous Ride orders ahead of time. The availability of the Autonomous Ride timeslot is subject to the operating hours and the occupancy rate.
Both you and the End User agree to provide your particulars, such as name, address, contact information, and other information that may be required by eMooVit Technology Sdn Bhd Autonomous Ride team during the booking process.
For scheduled Autonomous Ride service, a last-minute cancellation fee applies if you cancel the order or Autonomous Ride less than 2 hours before the scheduled pick-up time.
For on-demand/instant Autonomous Ride service, a cancellation fee applies if you cancel the order or Autonomous Ride less than 15 minutes before the scheduled pick-up time.
eMooVit Technology Sdn Bhd may at times delay its expected Autonomous Ride time due to unforeseen circumstances such as heavy rain, flood, accidents, heavy traffic, or any other natural calamities, among other things.
Autonomous Ride fees are subject to adjustment due to any change in the cost of fuel, Government tax/fees, operation costs, etc. eMooVit Technology Sdn Bhd has the right to adjust the Autonomous Ride fee without any prior notice.
Pick-up and Autonomous Ride may not always be on time during peak hours, heavy traffic, and other unforeseeable situations beyond eMooVit's control.

Bus:

For Driver:

You are responsible for your own safety. You agree and acknowledge that you should prepare the necessary safety gears (including helmet and shoes) on your own and making sure that you are equipped with the gear while carrying out a duty.
You agree and acknowledge that you should always fulfill the Autonomous Ride order within the given time frame whenever you accept a new job. eMooVit Technology Sdn Bhd reserves the right to deduct or refuse the commission payout for any late order when a late Autonomous Ride happens.
You agree and acknowledge that you will be penalized for canceling the job without a proper reason.
You agree and acknowledge that the Autonomous Ride box is mandatory for every motorbike Autonomous Ride for food. You are responsible for ensuring that the food or items are intact during the Autonomous Ride. eMooVit Technology Sdn Bhd will not be responsible for any splitting or damage during the Autonomous Ride attempt.
You will ensure that when the food or goods are delivered to the recipients, they are in the same condition as when they were received from the senders. eMooVit Technology Sdn Bhd will not be responsible for any damage during the Autonomous Ride attempt.
You agree and acknowledge that you possess a valid driving license.
You shall not accept any Autonomous Ride item containing or which you believe may contain any of the following items: illegal or unlawful goods, including but not limited to firearms, ammunition, gunpowder, fireworks, explosive/combustible/inflammable/toxic/radioactive substances, industrial chemicals, or any other substances which are of a noxious, dangerous, or hazardous nature.

eMooVit Technology Sdn Bhd Autonomous Ride For User

The booking must be made through the official website of eMooVit Technology Sdn Bhd or QR code placed in the Autonomous Ride vehicle.
The operating hours may be changed from time to time due to unforeseen circumstances (such as pandemics) and other Government rulings, etc.
The coverage of eMooVit Technology Sdn Bhd Autonomous Ride is updated on its Online Portal/Social Media. You must be within the service coverage area to book a ride.
In-app registration is required in order to make a booking. You are required to provide your full name and phone number during the registration.
The fare is calculated based on the traveling distance and the number of passengers in a single booking.
You can only select 1 pick-up and 1 drop-off point for each booking. If you need to book an Autonomous Ride with multiple pick-up or drop-off points at the same time, you should get your bookings done on separate devices.
You understand and agree that pick-up and drop-off stops are fixed as indicated in the app. You can book anywhere; however, you need to be at the pick-up stops to board the vehicle, and you are not allowed to get off at a stop that is not what you have booked.
You understand and agree that each User is entitled to one seat. You can take the seat as long as it is empty.
You agree to indicate the accurate number of passenger(s) while requesting the Service. eMooVit Technology Sdn Bhd has the right to cancel the booking or deny your boarding if the number of passengers is untrue or inaccurate.
You are required to be ready at the pick-up stop 5-10 minutes before the estimated arrival time of the vehicles. You will have to make a new booking if you miss your vehicle.
You are not allowed to board the vehicle without a prior booking and registration.
You are not allowed to change the pick-up or drop-off stops after the booking has been confirmed. You must cancel the existing booking and make a new one in order to change the pick-up or drop-off stop.
You understand and agree that no-show or cancellation will negatively affect the trip of all passengers. eMooVit Technology Sdn Bhd Autonomous Ride reserves the right to permanently withhold service from any User who repeatedly cancels or does not show up.
You must scan the QR code at the vehicle while boarding. This proves that you have used your ticket and registered.
You are required to scan the QR code when boarding only.
You understand and agree that eMooVit Technology Sdn Bhd Autonomous Ride works by gathering passengers’ bookings in real-time. It optimizes to include as many passengers as possible traveling in the same direction. This may cause stops to be not in sequence.
You understand and agree that eMooVit Technology Sdn Bhd Autonomous Ride only accepts cash as payment.
You understand and agree that eMooVit Technology Sdn Bhd Autonomous Ride only offers one pricing for all passengers.
You understand and agree that no change will be provided. It is your responsibility to prepare the exact fare when boarding the vehicle.
You understand and agree that the arrival time shown in the app is an estimate and may vary subject to traffic conditions.
You understand and agree that eating, smoking, and bringing pets on vehicles are prohibited.
You understand and agree that each User is allowed to occupy a maximum of one (1) seat only.
You shall be responsible for the cost of cleaning and/or repairing the vehicle if you misuse the Service.

For Driver:

You understand and agree that you are only allowed to pick up and drop off Users at the designated stops according to the instruction of the system. You are not allowed to stop at places other than the designated stops.
You understand and agree it is your responsibility to ensure each User is scanning/registering with the QR code while boarding the vehicle.
You understand and agree it is your responsibility to ensure each User is paying sufficient fare. In the case of income shortages, eMooVit Technology Sdn Bhd has the right to do a shortage claim from you.
You understand and agree it is your responsibility to ensure Users are not eating, smoking, and bringing pets on board.

eMooVit Technology Sdn Bhd Autonomous Ride Ticketing

Photo, videos, and other digital artworks generated for each campaigns and/ or promotions is a copyright owned by eMooVit. Promotional packages and rates may be combined with other products and services including its agents and partners. Any promotional packages conducted by eMooVit Technology Sdn Bhd is subject to change without prior notice.
Expired validity date for ticket is not allowed for replacement. Customer must consume it based on their purchased requirements. Ensure that ticket category (with MyKad/Child/Adult) is correct at the point of purchase. Any alteration or mutilation on the ticket shall be rendered null and void.
Refund and exchange of purchased ticket is not allowed. The Company is not responsible to refund any unused purchased tickets due to unforeseen circumstances such as flood, earthquakes, bad weather, or personal matters or any happenings beyond the Management’s Control.
Currency Exchange rate is subject to change at any time without prior notice. The Company reserves the right to cancel, change and/or refund all bookings or reservations made; any decision made by the Company in this regard is considered final and binding.
These terms and conditions may be changed from time to time without advance notice.

5. USER ACCOUNT

Users shall always secure their login details including but not limited to login ID and password that are in relation to the Platform and the Services and should not disclose them to any third party.
eMooVit Technology Sdn Bhd shall assume all bookings made through your mobile device/account will either be you or someone authorized by you.

6. EMOOVIT TECHNOLOGY SDN BHD OBLIGATIONS

eMooVit Technology Sdn Bhd Autonomous Ride

eMooVit Technology Sdn Bhd shall ensure to provide a clean and spacious compartment for all its Autonomous Ride service.
eMooVit Technology Sdn Bhd shall ensure that goods being delivered are in good condition and is/are without damage(s) when reached to the customer’s doorstep.
The Order Taker of eMooVit Technology Sdn Bhd shall comply with all the Autonomous Ride request(s) from all its User’s requests including other partners. The team may ask for additional information from the User in order to validate the Autonomous Ride charge(s) given as well as other information related to the Autonomous Ride transaction such as date and time of the Autonomous Ride request, name, contact information and address of the customer.
eMooVit Technology Sdn Bhd shall bear the full Autonomous Ride cost as well as the product if the items are delivered to the wrong address/ recipient despite being given with the correct recipient’s address.
eMooVit Technology Sdn Bhd shall be responsible for any damages to the delivered item during the Autonomous Ride process. However, once the item(s) is/are given to the recipient in good condition, eMooVit Technology Sdn Bhd will not be liable to any damages thereafter.
eMooVit Technology Sdn Bhd may cancel/ reject Autonomous Ride orders from the User if the destination is out of coverage by the service provider or if the area is risky due to heavy rains, floods, or other natural calamities.
eMooVit Technology Sdn Bhd shall have the right to cancel/ reject the Autonomous Ride request if the items that are to be delivered are illegal and it’s against the law of Malaysia.
eMooVit Technology Sdn Bhd shall have the right to cancel/ reject the Autonomous Ride request(s) if the User is abusive, forceful, and harmful which may affect the security of the Autonomous Ride service provider.

eMooVit Technology Sdn Bhd Autonomous Ride

eMooVit Technology Sdn Bhd shall ensure the cleanliness of the vehicle and each User has their own seat.
eMooVit Technology Sdn Bhd shall ensure each User has occupied a maximum of one (1) seat only.
eMooVit Technology Sdn Bhd shall have the right to cancel the booking, deny the boarding, or remove the User if the User is abusive, forceful, and harmful, which may affect the security of the service provider.
eMooVit Technology Sdn Bhd shall have the right to cancel the booking, deny the boarding, or remove the User if the User is boarding the vehicle with too many items or carrying items that are beyond their own seat.

7. PROMOTIONS

The Users shall allow eMooVit Technology Sdn Bhd to put any Marketing collaterals at their premise(s) that is related to the services offered by eMooVit
Any marketing collaterals made by the User shall be submitted to eMooVit Technology Sdn Bhd for approval.
eMooVit Technology Sdn Bhd has the right to demand to remove any marketing collaterals or any advertisements (socials media/ TV Adverts/ Print/ broadcast) from the User if those items/ messages are against the standard of eMooVit

8. PAYMENTS

eMooVit Technology Sdn Bhd Autonomous Ride

For User

eMooVit Technology Sdn Bhd will be charging the User Autonomous Ride fees in accordance with the Autonomous Ride distance in Kilometres with or without the required monthly subscription fee of RM50.00 to be paid to eMooVit.
Users can choose to subscribe to the Service and pay a monthly subscription fee of RM50.00 to enjoy a lower Autonomous Ride rate.
Users that subscribed to the Service are required to open an E-money account with a minimum initial deposit of RM50.00 with eMooVit.
The RM50.00 subscription fee will be auto-debited from the User’s E-Money Account on the 7th day of each month.
Users shall ensure there are sufficient credits in their E-Money Account for the subscription fee deduction.
In the case of failure of subscription fee payment, eMooVit Technology Sdn Bhd will charge the User Autonomous Ride fees at the standard rate until the outstanding subscription fees have been settled.
Users that do not subscribe to the Service can choose to make the payment either through cash or the E-money Account.
Under any circumstances, you are not allowed to cash out the credits that you have topped up in the eMooVit E-Money Account.
Credits sold are not exchangeable, returnable, or refundable.
eMooVit Technology Sdn Bhd has the absolute right to revise the rates, charges, and/or fees without giving prior notice to you, and the revised rates, charges, and/or fees shall be binding onto you upon revision of the same.
You are obliged to check the Autonomous Ride fee before placing an Autonomous Ride order with eMooVit. Once the order is placed, you will be deemed to have agreed to our charges and will not be allowed to refute them under any circumstances.
The Autonomous Ride fares are calculated based on the traveling distance between the pick-up point and the drop-off point. To calculate fares, eMooVit Technology Sdn Bhd's pricing algorithm selects the route with the shortest traveling time between the pick-up point and the drop-off point by considering the traffic conditions at that time. Hence, the same Autonomous Ride request made at different times might vary in terms of Autonomous Ride fares and Autonomous Ride time.
The invoice shall only be sent electronically by attaching a copy of the sales record to the email address of the User when only the User has requested.
Any request for an invoice will be given electronically to the User by eMooVit Customer Service Team.
Without prejudice to eMooVit's other rights under both parties’ Agreement, where the User owes eMooVit Technology Sdn Bhd any payment or debt under their Agreement, eMooVit Technology Sdn Bhd shall have the right to:

Deduct the amount of payment or debt owed by the User to eMooVit Technology Sdn Bhd from any monies payable by eMooVit Technology Sdn Bhd to the User under the agreement between two parties; or
Withhold any monies payable by eMooVit Technology Sdn Bhd to the User under the agreement between two parties until the payment or debt owed by the User is satisfied.

eMooVit Technology Sdn Bhd shall not have to pay for any expenses or costs of whatever nature other than those expressly set out under the agreement of both parties.
Unless otherwise agreed to in writing by eMooVit, payment shall be made by electronic bank transfer. The User shall provide eMooVit Technology Sdn Bhd with all bank account information reasonably required by eMooVit Technology Sdn Bhd to make such payment. The User shall have no recourse against eMooVit Technology Sdn Bhd in respect of any delay in payment attributable to the User’s refusal or delay in the provision of its bank account information to eMooVit. Each Party shall bear their own bank charges.

For Driver

eMooVit Technology Sdn Bhd shall administer payments to you and from you by a wallet system (the “E-Wallet”).
Your earnings will be displayed in the Driver’s dashboard in the Application and will be auto-credited to your designated bank account on a bi-weekly basis.
The income shall be credited into the driver’s bank account on the date specified by eMooVit. Income withdrawal requests made on an ad hoc basis shall not be accepted.
The funds in the Driver’s Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged, or transferred for value under any circumstances.

eMooVit Technology Sdn Bhd Autonomous Ride

All payments shall be made in cash only and put into the farebox/cash box instead of the driver.
No change will be provided; Users shall prepare the fare in exact amount when boarding the vehicle.
Tickets sold are not exchangeable, returnable, nor refundable.
eMooVit Technology Sdn Bhd has the absolute right to revise the rates, charges, and/or fees without giving prior notice to you, and the revised rates, charges, and/or fees shall be binding onto you upon revision of the same.

9. RIGHTS OF THIRD PARTY

A person who is not a party to the agreement between eMooVit Technology Sdn Bhd and the User has no right under any rights of third parties legislation to enforce any term and condition of eMooVit

10. CANCELATIONS

Notwithstanding any other provisions of the agreement between eMooVit Technology Sdn Bhd and the User, eMooVit Technology Sdn Bhd shall have the right to cancel individual or outstanding partial deliveries without any liabilities whatsoever if the User breaches any essential provisions of these terms and conditions and/or commits any defaults, including but not limited to any issues with the quality and/or quantity of the goods, the wrong goods prepared by the User, the presence of defects in the goods, or any delay in making the goods available and ready for pick-up and Autonomous Ride, and any serious complaints made by the End User.
In the event of a cancellation pursuant to Clause 11.1, the User will be liable for all disadvantages (including any loss and damage) suffered by eMooVit Technology Sdn Bhd arising from the cancellation.
In the event the User cancels the sale of the goods at any point prior to Autonomous Ride, eMooVit Technology Sdn Bhd shall be entitled to claim compensation equal to the sale price of the cancelled goods and/or the full Autonomous Ride fees at its absolute discretion, without prejudice to the other rights of eMooVit.

11. TAXES, FEES AND DUTIES

The User agrees to bear any amount equal to any duties, levies or taxes, however designated or levied by any competent authority/ agency/ body, relating to any amount payable by the User to eMooVit Technology Sdn Bhd in accordance with the agreement between two parties.

12. SUB-CONTRACTING AND ASSIGNING

The User shall not sub-contract or assign the whole or any part of both parties’ Agreement without the written consent of eMooVit The User shall be fully responsible for all acts or omissions of any sub-users or assignees and the acts or omissions of any such third parties shall be deemed to be the acts or omissions of the User.
eMooVit Technology Sdn Bhd may assign or novate its Agreement to the User or any part thereof to its affiliated companies or any third party. The User hereby gives its consent to any future assignment, novation, or transfer of both parties’ agreement initiated by eMooVit.

13. TERMINATION

eMooVit Technology Sdn Bhd shall be entitled to rescind and immediately terminate its agreement with the User or cancel any part of the goods ordered by issuing written notice to the User with the following circumstances:

If any declaration or submission made by the User regarding the goods offered is discovered to be false;
If the User commits any breach of the warranties, terms, and conditions in these terms and conditions or defaults in the performance of its express and/or implied obligations;
Any mortgagee, chargee, or encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the User;
The User makes any voluntary arrangement with its creditors or becomes subject to administration;
An order of court is made to wind up the User or to place it under judicial management, or a resolution is passed by the board members of the User for its winding up or liquidation;
Any distress or execution is levied or enforced in relation to any of the assets of the User; or
The User ceases to carry on business or becomes insolvent.

Without prejudice to eMooVit’s right to terminate under Clause 14.1(b), if the User commits any breach of the warranties, terms, and conditions in these terms and conditions or defaults in its performance of both parties’ Agreement, eMooVit Technology Sdn Bhd may, in its absolute discretion, issue a written notice of breach or default to the User informing the User of its breach or default. The User shall, within seven (7) days of the date of the notice of breach or default, remedy the breach or default to eMooVit’s satisfaction or otherwise propose a solution that is accepted by eMooVit Technology Sdn Bhd in writing.
Where the User elects to issue a written notice under Clause 14.2 and the User fails to remedy the breach or default to eMooVit’s satisfaction or otherwise propose an acceptable solution, the User shall be taken to have repudiated the Agreement, and eMooVit Technology Sdn Bhd shall have the right to immediately terminate the Agreement or cancel any part of the goods ordered by the End User by way of a written notice of termination or cancellation, as the case may be.
For avoidance of doubt, the termination or cancellation of both parties’ Agreement shall take effect from the date of the written notice issued, and eMooVit Technology Sdn Bhd shall not be liable to the User for any damages or compensation.
Clauses 18, 19, 23, and 27 shall survive the expiration or termination of both parties’ Agreement.

14. FORCE MAJEURE

“Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation:

Acts of God, fire, flood, drought, earthquake, or other natural disasters;
Epidemic or pandemic, whether it has been declared by the World Health Organisation;
Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
Nuclear, chemical, or biological contamination or sonic boom;
Any law or any action taken by a government or public authority, including without limitation imposing a nation-wide quarantine, an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent;
Collapse of buildings, fire, explosion, or accident;
Any labour or trade dispute, strikes, industrial action, or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);
Interruption or failure of utility service; or
Any other similar events beyond the parties’ reasonable control which affects the general public.

If a party is directly prevented, hindered, or delayed in or from performing any of its obligations under both parties’ agreement by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of the agreement between both parties or otherwise liable for any such failure or delay in the performance of such obligations, provided it has complied with Clause 15.4 and the failure or delay could not have been prevented by reasonable precautions. The time for performance of such obligations shall be extended accordingly.
The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
The Affected Party shall:

As soon as reasonably practicable after the start of the Force Majeure Event, but no later than seven (7) days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
Use all reasonable endeavours to perform its obligations under both parties’ Agreement or to mitigate the effect of the Force Majeure Event on the performance of its obligations.

If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than thirty (30) days, either party may terminate both parties’ agreement by giving seven (7) days’ written notice to the other party without being liable therefore in damages or compensation.

15. VARIATION OF AGREEMENT

No variation of both parties’ Agreement shall be effective unless it is in writing and signed by the User and the authorised signatory of eMooVit

16. GOVERNMENT REGULATIONS

The User shall, at its own costs, obtain and maintain all licenses, permits, authorizations or certifications required without any restrictions or qualifications whatsoever to enable the User to fulfil all its obligations under the agreement between two parties.
The User shall ensure that it adheres to all government regulations throughout the duration of the agreement between eMooVit Technology Sdn Bhd and the User.

17. INDEMNIFICATION

The User agrees to indemnify and keep indemnified eMooVit, its subsidiaries and Affiliates, and each of their employees, directors, officers, and representatives from and against all claims, costs, damages, debt, expenses, liabilities, losses, suits, actions, demands, causes of action, proceedings, or judgments of any kind which are made or brought against or suffered or incurred by eMooVit Technology Sdn Bhd and arise directly and/or indirectly out of or in connection with any act, omission, error, or negligence of the User and breach of any of the terms and conditions herein by the User.
In the event of eMooVit Technology Sdn Bhd (including its subsidiaries and affiliates and each of their employees, directors, officers, and representatives) being held liable for damages arising out of any claim by any agent, workman, or employee employed by the User or any sub-contractors engaged by the User for the performance of both parties’ Agreement, the User shall indemnify eMooVit Technology Sdn Bhd against such claim and any related costs, charges, and expenses incurred by eMooVit, provided that the same is not caused by the gross negligence or willful default of eMooVit, its employees, or agents.
Notwithstanding any other provision herein, it is agreed that neither Party shall be liable to the other Party for any loss of profit, goodwill, business opportunity, and anticipated savings or for any indirect or consequential loss or damage suffered or flowing from either Party.
eMooVit Technology Sdn Bhd cannot guarantee that its Services will be free from any malfunctions, but will exercise all reasonable endeavours to resolve any such case.

18. CONFIDENTIALITY

Except with the written consent of eMooVit Technology Sdn Bhd or where such information is publicly available, the User shall not disclose its agreement with eMooVit Technology Sdn Bhd or any of its provisions, or any information issued or furnished by or on behalf of eMooVit Technology Sdn Bhd in connection with its contract Agreement to any person.
In addition, the User shall not make use of any information obtained directly or indirectly from eMooVit or compiled or generated by the User in the course of its contract agreement which pertains to or is derived from such information, other than use for the purposes of its contract with eMooVit without prior written consent of eMooVit.
The User shall not publish or release, nor shall it allow or suffer the publication or release of, any news item, article, publication, advertisement, prepared speech, or any other information or material pertaining to any part of the obligations to be performed under its agreement in any media without prior written consent of eMooVit. For the avoidance of doubt, this restriction includes any citation that eMooVit Technology Sdn Bhd is or was a customer of the User.
Where the User has access to or receives Personal Data (as defined at Clause 19.6) from eMooVit:

The User represents and warrants to eMooVit Technology Sdn Bhd that it shall at all times comply with the requirements of the Personal Data Protection Act of Malaysia 2010 (“PDPA”) in respect of the User’s collection (if applicable), use, processing, disclosure (if applicable), protection, retention, and other handling of such Personal Data, and the User undertakes to continue to comply with the aforesaid requirements of the PDPA in respect of such Personal Data;
The User shall not transfer any such Personal Data outside Malaysia without express written consent from eMooVit.

To the extent that the User discloses Personal Data to eMooVit the User undertakes to eMooVit Technology Sdn Bhd that, by the time of such disclosure:

The User will have obtained all the necessary consents from the relevant individuals to whom the Personal Data relates, for the disclosure of their Personal Data to eMooVit for collection, use, and/or disclosure for the purposes of both parties’ Agreement; and
Such consents have not been withdrawn.

“Personal Data” means “any information in respect of commercial transactions, which

Any information in respect of commercial transactions, which is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose;
Any information in respect of commercial transactions, which is recorded with the intention that it should wholly or partly be processed by means of such equipment; or
Any information in respect of commercial transactions, which is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010.”

19. EMOOVIT REPRESENTATIVE

eMooVit Technology Sdn Bhd shall appoint one or more persons to supervise and liaise with the User for the purposes of the signed Agreement between the two parties. The representative(s) shall be as named by eMooVit Technology Sdn Bhd through written notifications.
All instructions, directions, notices, consents, approvals, or waivers that may be given at eMooVit’s discretion under the Agreement between the two parties shall not be binding on eMooVit Technology Sdn Bhd unless given in writing or under the hand of the representative(s).
For the avoidance of doubt, the representative(s) cannot vary the Agreement between the two parties, waive any provision of the Agreement, or consent to any departure unless the representative(s) concerned are also authorized signatories of eMooVit.

20. CUMULATIVE REMEDIES

The provisions of the contract agreement between eMooVit Technology Sdn Bhd and the User and each of the rights and remedies of eMooVit Technology Sdn Bhd under both parties’ Agreement are cumulative and are without prejudice to one another and are in addition to any rights or remedies eMooVit Technology Sdn Bhd may have in law or in equity. No exercise by eMooVit Technology Sdn Bhd of any one right or remedy shall operate to hinder or prevent the exercise by it of any other right or remedy.

21. WAIVER

No waiver of any provision of both parties’ Agreement nor consent to any departure by the User therefrom, shall in any event be of any force or effect unless the same shall be confirmed in writing, signed by the authorized signatory of eMooVit and then such waiver or departure shall be effective only to the extent for which it may be made or given. No failure or delay by eMooVit Technology Sdn Bhd to exercise any right or remedy provided under both party’s agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

22. WARRANTY AND REPRESENTATION

Either Party warrants that each Party has entered into an agreement in full reliance of the following representations and warranties:

Each Party has the capacity and power to enter into, perform, and comply with their respective obligations under both parties’ Agreement;
The Agreement of both parties is a valid and binding obligation and enforceable against each Party in accordance with the terms hereof;
Each Party’s execution of and/or performance of or compliance with its obligations under the Agreement of both parties does not and will not violate:
1. Any laws to which each Party is subject; or
2. Any agreement to which each Party is a party or which is binding on each Party or each Party’s assets;
Each Party is not in default of any agreement to which each Party is bound which may materially and adversely affect each Party's financial condition or each Party’s ability to perform any obligations under both parties’ Agreement, nor are there any actions, proceedings, claims, investigations, litigation, or arbitration pending or threatened against each Party which may have a similar or analogous effect;
Each Party complies with and owns all mandatory licenses under each Party’s applicable law in its applicable jurisdiction, and each person who represents and binds each Party to its Agreement is authorized to represent and to bind each Party.

Either Party warrants that the representations and warranties in this Clause 23 shall continue to be true for so long as the agreement between two parties subsists, and each Party will bear the risk respectively and legally be processed if in the event the representation and warranties stated herein are proven to be incorrect or untrue. The Parties shall promptly notify each other in the event any of the aforementioned representations or warranties is incorrect or become untrue in any way or form.

23. SEVERABILITY

Any provision of both party’s agreement that is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting the validity, legality or enforceability of any other provision stated on its their contract agreement.

24. NOTICES

All notices or other communications required or permitted to be given or made in connection with the agreement between two parties shall be in writing in English and delivered electronically, personally or sent by registered post or courier to each party at the address set out in the Agreement or such other address as a party may substitute from time to time by giving notice to the other party in writing.

25. COMPLIANCE

The User shall not offer, promise or provide to any employee of eMooVit Technology Sdn Bhd with any of the following: cash, commissions, kickbacks, favours, gratuities, entertainment or anything of value. The User understands and acknowledges that eMooVit employees are similarly prohibited from soliciting or receiving any payments or favours from the User.
This restriction extends to any business associates or family members of the User’s and eMooVit employees, or with any other persons with whom the User has or eMooVit employees have significant business or personal relationships in exchange for obtaining or retaining eMooVit business.

26. INTELLECTUAL PROPERTY

Each Party warrants that it is the legal licensee of all Intellectual Property Rights used under their Agreement and is free from any infringement or violation of any third-party ownership or intellectual property rights, and no other party will claim to have the same ownership of such Intellectual Property Rights.
All reports, specifications, and other similar documents compiled or prepared in the course of their Agreement, including documents, materials produced, and any derivation of any Intellectual Property Rights granted by any Party, pursuant to Clause 27.1, shall be the absolute property of such Party throughout their preparation and at all times thereafter. For the avoidance of doubt, the Intellectual Property Rights subsisting in all reports, specifications, and other similar documents set out in this clause shall at all times remain vested in the relevant Party.
Each Party warrants that it will not use any other Party’s trademark for any marketing activities, including but not limited to promotional activities, without prior written consent from the other Party and unless it is conducted based on both parties’ Agreement.

27. ENTIRE AGREEMENT

Both parties’ agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

28. APPLICABLE LAW

The Agreement between eMooVit Technology Sdn Bhd and the User and all matters arising from or in connection with it, shall be governed by and construed in accordance with, the laws of Malaysia under the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The Parties hereby submit to the exclusive jurisdiction of the Malaysian courts.

29. AMENDMENT OF THIS TERMS AND CONDITIONS

eMooVit Technology Sdn Bhd Autonomous Ride reserve the right to amend any of these Terms and Conditions without prior notice.
eMooVit Technology Sdn Bhd will give notice on its amendment on these terms and conditions by posting the same at its own website.

30. PRIVACY POLICY

This terms and conditions follows ACT 709 PERSONAL DATA PROTECTION ACT published June 15, 2016 http://bit.ly/PDP_Act_709_2016 in respect to the collection (if applicable), use, processing, disclosure (if applicable), protection, retention and other handling of such Personal Data.
Any update related to the Privacy Policy related to this terms and condition shall be update and published at eMooVit Website.