Moovby's Terms & Conditions

Terms & Conditions

General rules for using the service provided by Moovby.com:

1. Registration and verification. Upon registration on the site of Moovby.com with the purpose to use the service offered by Moovby, you provide exact information about yourself, your car, driver’s license etc. You confirm that the information you have provided to Moovby is complete and accurate. Moovby holds the right to use services of other companies/agencies in order to confirm your information. We also hold the right to store and process records with your information for time period we shall require in compliance with the provisions set forth in the legislation in force related to protection of data of individuals. In addition, we hold the right to confirm or reject your registration without explaining the reason of such act.

2. Information updating. You undertake to duly update your information in case of changes in validity of documents or telephone number or other contact details. Please note that Moovby may send bills and other information to the contact details provided by you and the above bills and records shall stand in force even in case you do not use our service. You also hold responsibility for any activity on your account. So keep the name and password of your account confidential. Moovby may use your information in compliance with the privacy provisions.

3. Adding additional rules of usage. The Moovby Policy provides additional rules of usage of Moovby platform and shall be applied in all cases determined and included in the present agreement. Please, kindly introduce yourself to the present rules. In case of any questions related to the present rules, please contact us by e-mail at [email protected]

4. Your obligations. You agree to using the service at all times in compliance with the provisions of the present agreement and any other rules and standards presented to you by Moovby. You confirm to Moovby that you hold legal rights to enter into present agreement and to use the present service. You confirm that the activities you perform with Moovby shall not breach rights of another person. You also agree to comply with all applicable laws and rules stipulated in the legislation under which this service presently operates.

5. IProtection. Moovby may provide you with certain insurance for your vehicle during the rental time (that is, from the time planned by the renter as the initial booking time until returning of the vehicle), including insurance indemnity payment for car damage as well as civil liability insurance in case of body injuries and property damage resulting from vehicle operation. You understand and agree that for cases when non-insured persons are involved Moovby refuses to cover damage in full or ensures covering only the minimum amount of damage presented by the insurer. You can find insurance amounts and other details within the Moovby rules. If you have any questions related to your own decisions of personal insurance you should contact your insurance company. If after reviewing the mentioned service terms or Frequently Asked Questions you or your insurance company have questions related to the service of Moovby insurance, please contact us writing to email and we will give explanation as to the functioning of our protection.

6. Termination of the agreement. You hold the right to terminate using Moovby services at any time as Moovby service holds the right to terminate your access to Moovby service for any reason or for no reason at all. Termination of access to the platform does not liberate either of the parties from any obligations in force before the termination of agreement with Moovby. The service holds the right to store, process and continue using for its internal purposes any earlier provided information in compliance with the provisions of the legislation in force related to the area of data protection of individuals. Termination of the present agreement will not influence rules and restrictions stipulated in the present agreement. Additional amendments, disclaimer or limitations of liabilities remain in force also after termination of the present agreement.

7. Disclaimer of warranties and limitation of liabilities. The present proposition describes obligations of Moovby in case of any losses or vehicle damages resulting from your participation on the platform. Considering the fact that we hold limited liability and that we disclaim certain amount of warranties, we are obliged to notify and provide information in the following form: Moovby provides a platform allowing car rental among car owners and car renters. Moovby does not provide car rental and does not hold liability for any acts or failure to act by any of the platform users, nor does it provide additional services of car manufacturers or services of other third-party companies (for instance, promotion of GPS systems, manufacturers of car tyres and other companies). With the present agreement Moovby disclaims any warranties of any kind with respect to cars and other goods and services provided with mediation of Moovby, irrespective of the fact if they are explicit, implicit to the law or other nature of such warranties, including warranties of commercial gain, suitability for a certain purpose and non-infringement. Moovby DOES NOT GUARANTEE THAT THE SERVICE SHALL: function without any shortcomings and shall ensure 100% security against break-ins and program errors. USING of the service and any cars rented using Moovby platform is performed at one’s own risk. No oral or written recommendations or advice provided to you by Moovby shall grant you a direct guarantee. Moovby will not be held responsible for any kind of losses in situations when Moovby is not to be blamed thereof: implicit or explicit, fines, deliberate or accidental even if you have been warned about the possibility of such losses.

8. We are not an agency. Moovby does not intend to appoint you or any other person indicated by you to be its employee, legal representative or to found any legal organisation, joint venture or subsidiary. By default, you are not an authorised person and do not hold the right to represent any obligations on behalf of Moovby, and Moovby does not undertake any obligations on your behalf, with the exception of the obligations determined on the platform or directly indicated in the present agreement.

9. The Moovby platform contains materials, trademarks and other intellectual property protected by copyrights, individually and collectively protected by the respective legislation with respect to intellectual property in Malaysia. Unless so foreseen within the Moovby platform, you shall not copy, disseminate, provide, publicly execute, demonstrate or create any work based on the material found on Moovby site, nor shall you use similar content in full or in part. All contents found on Moovby platform belongs to Moovby. All rights are reserved.

10. General provisions. The present agreement has been created with the objective to reach complete understanding between you and Moovby with respect to your participation on the platform and it replaces any prior oral or written agreements between you and Moovby. You do not hold the right to pass your rights or obligations resulting from the present agreement, in full or partly, to third persons without a prior written agreement with Moovby thereof. You shall remain responsible for obligations undertaken by the present agreement. In case any provision of the present agreement shall be interpreted as non-executable, other provisions shall not be considered non-executable and shall stand in full force and validity. Any amendments or waiver of any term of the present agreement shall be submitted to Moovbys in writing. Waiver of any rights of Moovby under the present agreement shall not be considered a waiver of any other right held by Moovby. The present agreement and any claims or disputes related to it shall be governed and construed in compliance with the legislation in force in the country where the service operates at the specific moment of time, not taking into account the non-compliant provisions with the legislation in force.

To obtain additional information, please review the legislation in force regarding rent of personal means of transport that may be applicable in your case. Please find additional information in the part of Frequently Asked Questions.

If you rent a car on the Moovby platform, please review the following sections:

1. Information provided to Moovby. In order to create and maintain the status of an authorised renter using Moovby platform you will be requested to provide certain information about yourself. You understand and agree that you shall hold a valid driver’s license at any point of using the service and cars from our service. In case you initially confirm your driver’s status and your driver’s license and it becomes invalid due to some reason (for example, your driver’s license has been revoked), you shall notify us of the status change. With the present agreement you authorise Moovby to receive your driver’s history and other applicable reports to ascertain your compliance with requirements necessary to access the platform. You understand and agree that Moovby holds the right to periodically request additional information to check you as a renter and in case you fail to ensure satisfactory proof to your compliance with the present agreement, Moovby holds the right to terminate your access to using the service immediately. In compliance with the provisions of the present agreement and the Privacy Policy, Moovby holds the right to keep using any information earlier presented by you for its internal purposes. All information provided by you shall be stored and processed in compliance with the requirements of the legislation in force with respect to protection of data of individuals. It shall be noted that any refusal to disclose violations related to driving, accidents or any other essential information is considered as grounds for immediate termination of membership in the present platform.

2. Rates and losses. If you use the platform you are responsible for payment of all expenses. You authorize Moovby to process any payment cards added to your profile with the objective to write off all required amounts, including but not limited to, deposits, payment processing, payment for usage, fines / penalties, deductions for damages, and you also guarantee holding the right to take decisions related to your account or credit/debit card. You are responsible for paying the rent and other expenses arising from using the car from the moment the rental period commences until the moment you return the car to its owner. You are responsible for paying all expenses related to penalties and fees (for example, parking tickets, towing, fines) having arisen within the rental period (and after it in case the car was not parked in the indicated place). In case of damage, losses or any other obligations you confirm that any private insurance you hold (for example, personal car insurance, credit card insurance etc.) shall serve as the primary and basic source in receiving insurance indemnity, and you shall not access the insurance ensured by Moovby before your personal insurance and other insurance policies are exhausted. In addition, you shall not be entitled to Moovby insurance in case you breach your obligations under the present agreement (for instance, if you were driving the car under influence of alcohol or drugs or in case you violate any other rule determined by Moovby). Depending on the type of insurance, you confirm that you hold full responsibility for any damages, losses or other obligations related to renting a car or other activity using Moovby platform. You agree that in case of damages, Moovby holds the right to immediately retain or withdraw funds in amount foreseen in the protection package chosen by you upon the car order process. No provisions of the present agreement are meant to limit your obligations or legal rights with respect to Moovby related to the usage of Moovby platform, nor any other means of transport rented using the platform. You acknowledge the right of Moovby to request and retain a deposit within the order of the car. In case a deposit shall be required you shall be notified thereof on the Moovby platform. You also are ensured an option to pay a deposit or cancel booking.

3. Usage of the car. Having rented a car using Moovby you may use it only for your personal needs and you may not use it for any commercial purposes (for example, taxi, courier services). You may not access the car prior to the commencement of the rental period. You also shall return the car within the indicated term to the indicated parking place. While using the car you shall treat it with reasonable carefulness. Moovby holds the right to check the way you use the vehicle and consequently Moovby may terminate the booking at its own discretion at any time and request the vehicle to be returned and, in addition, request on behalf of the owner to repair the vehicle. While you use the car you and your passengers shall fasten seatbelts. You have an obligation also to comply with any laws and road traffic rules, keeping in mind that it shall be done also by all passengers and that it applies also to special car seats and other protection means of young passengers. Moovby Policy provides a list of “prohibited actions” for any car rented using Moovby platform. The list is not exhaustive. In case you have any doubts as to the planned usage of the car, please contact Moovby by email at [email protected] You hold full responsibility for any acts resulting in losses for the owner of the car in case of incorrect usage of the car. Additionally, the renters recognise that operational violations of the vehicle usage may reduce the amount covered by insurance related to the renter’s responsibility or cancel insurance indemnity, separately stipulated in the insurance provisions.

4. Condition of the car. You comprehend that cars that are offered on the Moovby platform are owned by third parties and are not serviced by Moovby. Each owner holds responsibility for maintenance and repair of the car offered on the platform as well as the state of the car at the rental commencement point. At the commencement point of the rental period please perform a visual check of the car rented by you before you start using it. In case you find damages at the initial check, notify Moovby thereof to avoid unjustified allegations with respect to losses and damage of the car. As an alternative, you and the owner of the car may mutually agree to execute a document including in it photography of any essential damages that you as a renter shall not be held liable for. In case you find damages during the initial check of the car and will not notify us thereof, Moovby may consider the damage having taken place within the rental period. If after the initial checking of the car you consider it not to be sufficiently safe for driving, please do not use the car. In such case please be kind to contact Moovby by email at [email protected]

5. Report an incident. You shall immediately notify the Moovby service of any damages of the car you use by call our helpline at +60 11 1005 5901 or email at [email protected] and in case of incident – the police. You will have to use all conditions to ensure proofs from any available witnesses and to ensure Moovby with a written description of the incident. Moovby are entitled to request of any of the parties involved in the incident a personal identification document and insurance information. You are also obliged to cooperate with Moovby in the investigation of the insurance case related to you by using our support service or insurers. After an incident has taken place you are not entitled to continue using the car before receiving a prior permission thereof from Moovby.

6. Insurance. You understand and agree that Moovby shall ensure the mandatory insurance and that you in the function of a renter shall not count on the insurance of the owner of the car. Moovby will provide insurance for cases of physical damages as described in the present agreement and Moovby rules. You hold full liability for payment of any damage not covered by the insurance policy as well as for insurance deductible, fees, costs, deposits and fines if you use the car rental service on the Moovby platform. If Moovby presents you any bills you shall be held liable for paying such bills.

7. Refusal. Moovby ensures a platform allowing car owners and renters to easily and effectively lease and rent cars. With exceptions of cases expressly foreseen by the present agreement, Moovby and the car owners do not take over your responsibility related to the usage of Moovby platform or the respective car. Thus, you waive any claims against Moovby and its management, employees, agents or personnel (hereinafter referred to as “employees of Moovby”) as well as any other claims against a car owner in case of any loss or damage arising from use of Moovby platform with the exception of cases expressly stipulated by the legislation in force. Considering cases when the car is not accessible, in case when it had already been booked, considering any malfunctioning or deficiency of the car, you also waive claims in case of any breach, cases of malfunctioning of the car due to the manufacturer’s fault or due to the fault of a third party, any bodily injuries or damage that you or your passengers suffer as well as guarantees in case of incorrect Moovby service work for any action or failure to act from the part of the car owner. Your refusal does not apply to damages and losses arising from acts of any other road user as a consequence of gross negligence or willful misconduct.

8. Fuel. In case you return the car with less fuel than it was at the moment you collected it, Moovby holds the right to charge fuel fees to compensate filling up the car until the initial level at the moment of the commencement of the rental period.

The following sections apply if you rent your car using Moovby platform.

1. Information provided upon registration. Upon registration with Moovby you will have to confirm data on each passenger car you wish to rent using the platform. Each car shall comply with the requirements set by Moovby. You are entitled to use the platform only offering cars owned by you as well as in cases when you hold all required rights and licenses to rent the cars you offer on the platform.

2. Presence of vehicle. Once you have accepted an order and a reservation, you are obliged to make sure that the car is available as expected by the renter. In addition, you shall make sure that the location of the car on your profile page is correct and the car is available at the mentioned location from the beginning of the rental period.

3. The rent. You will have an option to set and review the rental rates of the vehicle according to your personal preferences. Moovby shall pay you the amount for rent of your car withholding the respective fees payable to Moovby as well as withholding all taxes and fees presented to you by Moovby. You acknowledge that fees of Moovby may be changed. Moovby will make payments on Monday by weekly basis. Moovby holds the right to set certain minimum for each payment. In case of possible additional fees Moovby is entitled to withdraw money from the accumulated amount on Moovby platform which also includes the right to withdraw the above amounts from your profit. Please note that you hold full responsibility for paying all taxes arising from your activity within the present agreement.

4. Maintenance. You are obliged to check your car for any defects at a regular basis. The overall technical condition of the car shall be safe for usage. You undertake your car to be in a safe condition at all times and to comply with all safety requirements. If Moovby shall consider your car non-compliant with standards, Moovby shall notify you thereof, it also holds the right to refrain from placing your car on the platform before the problems with the car are solved.

5. Stickers and special designations. From time to time, Moovby may request placement of certain labels or other marks. Moovby may request to temporarily attach to your car certain labels within the time period you participate in the platform.

6. Reports on events. In case you consider that the renter has damaged your car you shall notify thereof as soon as you become aware of it (in any case, not later than 24 hours after booking) in order to ensure collaboration in the damage investigation process. In any case, you shall check your car in the time period before it is rented out and notify of any damages you shall deem caused by the renter. Based on its investigation Moovby will find it rather easy to determine if the damage had been caused within the car rental time by the renter. If that is the case the losses are compensated in compliance with the present agreement. If Moovby does not receive a prompt notification as set forth in the present Article or if you do not ensure collaboration within our investigation process, we shall not be able to identify the reason. In such case you agree that we do not hold any financial responsibility for such losses.

7. Moovby is not responsible for any private property, including any objects present in the car (for example, a GPS system that has not been built in, children seats) which may be damaged within the rental period. We advise to remove all personal objects before passing the car to the renter. In addition, you shall expect deterioration of certain elements of your car, including small scratches and dents related to your participation in the platform. In cases authorized by the legislation in force, Moovby does not reimburse amortization nor any standard deterioration if your car is being rented.

8. Other insurance and legal issues. You agree to comply with all applicable laws and rules, including the insurance requirements with respect to your car. You may specify the legal requirements related to rental of your car in the section of Frequently Asked Questions. Regarding every insurance case, if Moovby makes a positive decision in your favor, you agree to designate Moovby as your representative to submit the application, receive insurance compensation and further support in the insurance case. You also undertake to provide all documents about the existence of your car insurance within each rental period if so requested by Moovby. Moovby holds the right to purchase additional insurance with another company as well as independently insure your car (it shall mean that Moovby covers a part or all insurance obligations, complying with the applicable laws and rules). While you participate in the platform, you shall maintain your own insurance policy and comply with the respective insurance requirements of vehicles in accordance with the legislation in force. You agree to provide Moovby with information on your insurance policies. You are obliged to immediately notify Moovby about amendments in your insurance policy agreements. In addition to the damages caused to you, you shall also hold full responsibility for any loss or damage caused to any party arising from your activity within the framework of the present agreement.

9. Indemnification. In case of any accidents causing loss or trauma having taken place during the time the car was used by a renter with the help of Moovby service, Moovby shall collaborate to protect you in the function of the owner of the car in compliance with the legislation in force. In case you shall receive any indemnification claim you are obliged to immediately provide Moovby with a written notification with respect to the above mentioned claim and ensure collaboration of Moovby in protection of your rights.