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PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Urban Mobility Asia Sdn. Bhd. and its subsidiaries (collectively, “Moovby”, “we”, or “us”), provide an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Moovby is accessible online including at moovby.com and as an application for mobile devices. Moovby’s websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Moovby users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Moovby.
Modification. Moovby reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Moovby Account within 30 days. If you choose to close your Moovby Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.
The Services are intended solely for persons who are 19 or older, except in Indonesia where we permit guests age 21 and older to book vehicles. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.
To access certain features of the Services, you must sign up for an account with us (a “Moovby Account”). You can create a Moovby Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Moovby Account up to date at all times. Based on information you provide, Moovby may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).
Where permitted, Moovby has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Moovby does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Moovby may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Moovby to request, receive, use, and store such information. Moovby may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Moovby may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements as set out in Annex 1-A.
Consumer Report Authorization. When you attempt to book or list a vehicle, or at any time after where Moovby reasonably believes there may be an increased level of risk associated with your Moovby Account, you hereby provide Moovby with written instructions and authorize Moovby, in accordance with the Credit Reporting Agencies Act 2010, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Host Tab. When you provide Moovby a payment method, you authorize Moovby, or third-party service providers acting on Moovby’s behalf, to store your payment credential for future use in the event you owe Moovby any money. You authorize Moovby to use stored payment credentials for balances, including for trip costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees) as set in Annex 1. Any use of referral travel credit is governed by the terms and conditions outlined in the agreement.
Moovby and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Moovby, or the collection agencies we retain, may also report information about your Moovby Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Moovby Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Moovby reported to a credit bureau, please email us at email@example.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Moovby Account, you must contact the collection agency directly.
In certain jurisdictions, Moovby may enable the collection and remittance of certain taxes from or on behalf of guests or hosts, based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by Moovby will be visible to, and separately stated, to both guests and hosts on their respective trip related documents and invoices. Where Moovby is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.
You agree that you will always use your Moovby Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Moovby.
Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your Moovby Account. Keep your Moovby Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Moovby Account, whether or not you have authorized such activities or actions. You will immediately notify Moovby of any actual or suspected unauthorized use of your Moovby Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Moovby Account unless you have reported unauthorized access to us.
Moovby Content and User Content License. Subject to your compliance with the provisions of these Terms, Moovby grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Moovby and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Moovby or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Moovby promotional campaigns, you grant Moovby a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Moovby photography provided to hosts, Moovby does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate Moovby Accounts of repeat infringers according to the process set out in the Malaysia Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can email us at firstname.lastname@example.org.
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violations. Moovby has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement violations of the Agreement to the fullest extent permissible by the law.
Moovby reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Moovby, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Moovby, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Moovby Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Moovby Account or Moovby Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Moovby is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Moovby and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Moovby or its agents for quality control and training purposes. You acknowledge and understand that your communications with Moovby may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through email to email@example.com.
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. Moovby is not an insurance company and does not insure hosts or guests. Host and guest protection plans made available through the Services are in no way related. To be eligible for coverage under a protection plan, hosts and guests must comply with these Terms. Protection plans are available through the Services only in the Malaysian and Indonesia. Protection plan details and other specifics can be found in the below section. Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services.
The following sections also apply if you book a vehicle using the Services:
As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle well and will take all reasonable measures to return the vehicle on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.
The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.
Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Moovby, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Moovby to make a claim for coverage under any policy of insurance that applies to the loss.
The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.
Most hosts offering a vehicle for sharing on the Services cannot offer liability insurance to you. All protection plans offered on the Services include coverage under a third-party automobile liability insurance policy. In Malaysia, the policy is secured through an appointed insurance agency, a Malaysia domiciled licensed insurance producer from Etiqa General Takaful Berhad. Etiqa General Takaful Berhad is an insurance company that is part of the Malayan Banking Berhad. In Indonesia, this policy is arranged by an appointed insurance agency. and purchased from PT. Asuransi Etiqa Internasional Indonesia.
If the guest has their own personal auto policy, it will be primary over the Moovby protection depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur. Terms and exclusions apply. Learn more about Guest protection plans including insurance in Malaysia and Indonesia.
Where a host can offer guests at least legally required minimum insurance through their own commercial or rental policy, the host may choose to decline insurance on the Services and provide its own policy directly to you as the guest. We refer to these hosts as “Commercial Hosts.” You can determine directly in the vehicle listing whether the vehicle is offered by a Commercial Host.
If you book with a Commercial Host, no third-party automobile liability insurance, financial responsibility limitations for physical damage, or roadside assistance is made available via the Services by Moovby, an appointed insurance agency, or any third-party insurance partners, brokers, or producers. The Commercial Host will bill you directly for any applicable protection plan after booking, not through the Services. In these circumstances, a Commercial Host may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the vehicle. A Commercial Host may also have additional requirements that differ from Moovby requirements (like requiring a credit card deposit). By booking a vehicle where a Commercial Host is providing protection, you agree that the Commercial Host may impose additional terms and fees after booking.
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Grab or delivering food or other packages) unless you have express written permission from Moovby’s Legal Department in advance. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Moovby has any concern about your use of a vehicle, Moovby may terminate your trip at its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please email us at firstname.lastname@example.org. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.
You understand that third parties own the vehicles offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation via the Moovby mobile apps to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Moovby, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Moovby team immediately at +603 2935 9702.
You acknowledge that Moovby is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Moovby at email@example.com, or +603 2935 9702. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Moovby or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Moovby, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Moovby staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
The primary guest who books the reservation is responsible for any private investigation costs Moovby deems necessary to recover a vehicle that is not returned. In addition, a RM2,000 case administration fee will be imposed on the primary guest if Moovby and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.
Repossession. Moovby, a hired agent of Moovby, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Moovby, and other authorities in all matters related to the investigation.
The following sections also apply if you share your vehicle through the Services:
As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such a vehicle on time but only to a guest who is listed on the Services as an Approved Driver for the trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared and it will not have any illegal modifications to any part of the vehicle.
When you sign up for Moovby, you will identify the passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.
Moovby may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Moovby listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Moovby is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Moovby’s ownership or registration thereof. You acknowledge that Moovby may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Moovby photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Moovby. At Moovby’s request, you will execute documents and take such further acts as Moovby may reasonably request to assist Moovby to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Moovby and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.
You will have the ability to set and revise the vehicle’s pricing as you choose. Moovby will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to Moovby. To the extent you owe Moovby money for any reason, Moovby also reserves the right to deduct those amounts from your payment.
Payment Processing. In some countries, payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Moovby enabling payment processing services through Stripe, you authorize Moovby to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate and complete information about you, and authorize Moovby to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Moovby reserves the right to switch payment processing vendors at its discretion.
You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Moovby believes that your vehicle does not conform to reasonable standards, Moovby may notify you and reserve the right to remove or decline listing your vehicle until its concerns have been resolved. Moovby may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.
If you did not decline a protection plan made available via the Services, and you believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Moovby or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If Moovby is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Moovby or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.
All host protection plans offered on the Services include coverage under a third-party automobile liability insurance policy. In Malaysia, the policy is secured through an appointed insurance agency, a Malaysia domiciled licensed insurance producer from Etiqa General Takaful Berhad. Etiqa General Takaful Berhad is an insurance company that is part of the Malayan Banking Berhad. In Indonesia, this policy is arranged by an appointed insurance agency. and purchased from PT. Asuransi Etiqa Internasional Indonesia.
Physical damage reimbursement (Malaysia). The protection plans available to hosts in Malaysia also address the allocation of financial consequences of physical damage to the vehicle offered by a host during a trip. Physical damage contractual reimbursement from Moovby applies to your vehicle in the event of a collision and most comprehensive events during the trip, and is subject to terms and exclusions. Learn more about Malaysia host protection plans in the section below.
Physical damage coverage (Indonesia). The protection plans available to hosts in Indonesia also address physical damage coverage to your vehicle in the event of a collision and most comprehensive events during the trip, subject to terms and exclusions.
Actual cash value. If Moovby, or third-party claims administrators, choose to pay you the actual cash value for your vehicle, you will be required to transfer title to the vehicle to Moovby or a third party appointed by Moovby to accept title. The standard for determining the actual cash value will be as determined by Moovby or its third-party claims administrators and in compliance with applicable law.
Exclusions to physical damage reimbursement and coverage. Protection plans selected by hosts on the Services do not apply to:
If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your vehicle when listing it on the Services (for example, falsely represent the make, model, or year of the vehicle), any protection plan you selected will be voided. A protection will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue. You acknowledge that these provisions are material and that they serve to ensure your compliance. In the event your protection plan is voided, the remainder of the Agreement, these Terms, and our Policies remain in effect.
Other host-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the Services. You must maintain your own auto insurance policy for any vehicle you list on the Services and such policy must meet any minimum insurance levels required by law. You agree to provide Moovby with information regarding your auto insurance policy as may be requested and to keep such information up to date. Where not prohibited by law, you hereby appoint Moovby or a wholly owned subsidiary of Moovby as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, guests, or private entities to recover your vehicle, as necessary.
If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a Moovby representative and follow his or her instructions, including cooperating with Moovby, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Moovby to file a police report, you must do so within 24 hours of receiving those instructions.
If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a guest (or by Moovby itself), subject to your compliance with these Terms and the Policies, Moovby or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Moovby or its insurers prompt written notice of the claim, allow Moovby sole control over the defense of the claim, and provide Moovby reasonable cooperation in its defense of the claim, at Moovby’s expense. If Moovby or its insurers reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse Moovby any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Moovby.
If you decline a protection plan made available via the Services (such as if you choose to offer your own commercial/rental policy to guests) or where no protection plan is offered via the Services you are a "Commercial Host."
In exchange for keeping more of the trip price for yourself, when you decline a Moovby protection package or where no protection package is offered, you waive, on behalf of yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) any protection plan normally offered via the Services, to you or any Affiliates, your vehicles, and any guests or approved drivers of all of the vehicles you list on Moovby.
When you choose to provide your own commercial rental insurance in the Malaysia or Indonesia or where no protection or insurance is offered via the Services in your region, you, as the host, or an authorized representative acting on behalf of the host, shall be exclusively responsible for providing commercial rental insurance coverage for any reservation of your vehicles through Moovby. You shall carry no less than the minimum applicable liability and/or physical damage automobile insurance for your vehicle, your guest, and his/her authorized drivers. When you select to decline a protection plan or where none is offered in your region, you represent and warrant that (1) you are a licensed commercial rental car company or are authorized to act on behalf of and bind a commercial rental car company in connection with listing vehicles on Moovby, or (2) you are an individual or company, or are authorized to act on behalf of, and bind a company, that can offer commercial rental car insurance to guests.
You further acknowledge and agree that you shall receive no protection or coverage from Moovby, an appointed insurance agency or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your vehicle when you have chosen to provide your own commercial rental insurance. You shall add Moovby as an additional insured on all applicable automobile and excess liability policies. These provisions replace and supersede any representation made by Moovby, or those acting on behalf of Moovby, including but not limited to statements made on the Services, these Terms, Help Center, Policies, emails, and/or marketing materials, concerning protection plans, insurance, and roadside assistance otherwise offered to host and guests when the hosts do not decline protection via the Services.
Moovby reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial rental car company and have the ability to offer commercial auto rental insurance to renters/drivers of your vehicles when you choose to decline protection. If Moovby has any concerns in this regard, you agree that Moovby can automatically, and in its sole discretion, default all of your vehicles to a protection plan of our choice, along with its associated fees (if offered in your region), remove your listings, or suspend your Moovby Account.
If you lose the ability to offer commercial rental insurance to your guests (for example, your policy has been canceled or nonrenewed), you must immediately change the status of your vehicle. If the change is temporary, you can snooze your vehicle(s). If you need to permanently change the protection plan for your vehicle(s) back to a protection plan made available via the Services, email us at firstname.lastname@example.org. Never let a guest pick up a vehicle or continue to use a vehicle without providing them insurance coverage.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise guests with hidden costs or requirements at pick-up. Moovby reserves the right, in its sole discretion, to default your vehicles to a protection plan of our choice, remove your listings, or suspend your Moovby Account for failure to be transparent with guests about fees, costs, and requirements in your vehicle listing page.
You acknowledge that the actual damages likely to result from your breach of this section are difficult to estimate accurately and would be difficult for Moovby to prove with certainty. You will pay Moovby RM20,000 per breach in liquidated damages to compensate Moovby for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty.
You shall defend, indemnify, and hold Moovby, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your guests or their authorized drivers, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any vehicles, including without limitation, any vehicle damage, personal injury or property damage where you have declined a protection plan made available via the Services or one is not available in your region.
You may discontinue your use of the Services at any time and Moovby may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Moovby may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the Services.
MOOVBY PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, MOOVBY DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, MOOVBY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Moovby makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Moovby makes no warranty regarding the quality of any listings, vehicles, hosts, guests, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Moovby, an appointed insurance agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST MOOVBY AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “MOOVBY PARTIES”) AND ANY MOOVBY USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR GUEST.
YOU AGREE THAT NEITHER MOOVBY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Moovby Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) RM500.
YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY MOOVBY USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE A HOST WHO HAS DECLINED A PROTECTION PLAN VIA THE SERVICES AND ARE MAKING A CLAIM AGAINST A GUEST WHO BOOKED A VEHICLE FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR COVERAGE TO THE GUEST, OR (2) YOU ARE A GUEST WHO BOOKED A VEHICLE FROM A HOST WHO OPTED TO DECLINE A PROTECTION PLAN VIA THE SERVICES AND SUCH HOST OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY/HOST.
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOOVBY AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
You agree to release, defend, indemnify, and hold Moovby and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Moovby and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Moovby to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Moovby domains, trademarks, or taglines without Moovby's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising keywords, (3) suing or asserting legal claims against the Moovby Parties or a Moovby user in any manner prohibited or waived herein, (4) as a host, sharing your vehicle via the Services with expired registration stickers or without current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the subject of a missing or stolen vehicle report, or (6) creating or using a Moovby account that has the effect of circumventing Moovby’s suspension, termination, or closure of another Moovby account. You will pay Moovby RM20,000 per breach in Liquidated Damages to compensate Moovby for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Moovby and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Moovby is not a rental car company. It does not own a fleet of vehicles, and is not in the business of renting vehicles to the public. Moovby provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.
Moovby may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law.
Moovby can be contacted in Malaysia at SO-31-3A, Menara 1, KL Eco City, No.3, Jalan Bangsar, 59200 Kuala Lumpur, and in Indonesia at The CEO Building, Level 12, Jl. TB Simatupang No.18, RT.7/RW.9, Cilandak Bar., Kec. Cilandak, Kota Jakarta Selatan, Daerah Khusus Ibukota Jakarta 12450, Indonesia. If you have any questions for us concerning the Agreement, or Moovby generally, please contact us at email@example.com.
Where Moovby has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
The parties agree that the substantive laws of the state of Malaysia apply to these Terms and the Agreement without regard to conflict of law provisions.
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.
Moovby does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Moovby and Moovby will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
The Agreement, including these Terms, states the entire understanding between you and Moovby concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Moovby. You will remain responsible for your obligations hereunder in any event. A Moovby Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such sections.
All vehicles must meet Moovby’s list of requirements and for Commercial Hosts. Certain vehicle types can’t be listed on our platform. Moovby reserves the right to modify its eligibility requirements at any time for any reason.
To list a vehicle on Moovby, you must:
To list a “Specialty” or “classic” car in the Malaysia and Indonesia, that car must:
Vehicle listing requirements for Commercial Hosts
All Commercial Host vehicles must have a clean title if applicable. In some countries, this may be referred to as not being “written off.” They must meet all legal requirements of the country in which they’re located. Since their vehicles aren’t covered through Moovby, Commercial Hosts aren’t subject to the value limitation for their listings. Commercial Hosts can switch to a protection plan available through Moovby. If they do, their vehicles must meet Moovby’s requirements in the country in which they’re listed at the time they select the new protection plan. They must do so to be eligible for coverage.
The following is a list of charges you may see on the checkout screen before you book your trip:
This is a vehicle’s listed rate multiplied by the trip length. Hosts can set a standard rate for all calendar days or set different prices for different days. The Trip price you see always reflects the vehicle’s daily rate for your chosen travel dates.
The trip fee is a percentage of the trip price. It’s calculated at checkout by Moovby and varies dynamically based on the expected cost of each trip. Several factors unique to each trip can influence the trip fee calculation. These include the vehicle’s value (a higher-value vehicle may incur a higher trip fee), lead time of booking (trips booked further in advance can lower the associated trip fee), trip duration (shorter trips contribute to a higher trip fee, while longer trips can help reduce the trip fee), and more.
This is the cost of the protection plan you choose. Plan availability varies by country. Each plan costs a different amount and offers different levels of coverage. If you book a car with a Commercial Host, they’ll offer their own commercial rental insurance. They’ll manage and price insurance and charge you for it outside of Moovby. Hosts who charge for their own protection plan, must make that clear in their vehicle listing.
This is the amount a host charges to pickup and drop off a vehicle. That single listed fee covers delivery at the start and end of a trip.
If you disregard Moovby guidelines or violate policies, you may be charged a penalty fee. Moovby may also charge a processing fee for some actions. If you cancel a trip outside of the free cancellation period or fail to show up for a booked trip, Moovby will charge you a cancellation fee. See a summary of guest fees below and open the links for further details.
As a host, if you disregard Moovby policies, we’ll charge you a violation fee. If you cancel a trip or fail to show up for a booked trip, Moovby will charge you a cancellation fee.