TERMS AND CONDITIONS FOR USERS
Updated on 8 June 2019
1. About these Terms and Conditions
- These Terms and Conditions (“Terms”) govern the access or use of applications, content, products and services (“the Services”) made available by Moov Technology (S) Pte Ltd (“Moov”) in Singapore.
- Please read these terms and conditions carefully before accessing or using the Services. Access to and use of the Services constitutes your agreement to be bound by these Terms. Our staff, contractors and agents have no authority to make individual exceptions or amendments to these Terms.
- MOOV MAY AMEND THESE TERMS FROM TIME TO TIME. YOUR CONTINUED ACCESS TO OR USE OF THE SERVICES CONSTITUTES YOUR CONSENT TO BE BOUND BY THE AMENDED TERMS.
- If you have an enquiry or complaint, or experience a problem using Moov, please contact us through the Application or in writing at firstname.lastname@example.org.
2. The Services
- The Services comprise Moov’s application, websites, content and services made available in Singapore that enable users to find, reserve, unlock and to rent bicycles provided by Moov, where available.
- Unless otherwise agreed in writing by Moov, the Services are made available solely for personal and non-commercial use in the designated operating zones. Details of Moov’s operating zones can be found in the Moov application, on Moov’s website or by writing to Moov at email@example.com.
- Subject to compliance with these Terms, you are granted limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to (i) access and use Moov’s application (the Application) on your personal device solely in connection with your use of the Services and (ii) access and use any content, information and related materials that may be made available through the Services solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Moov and Moov’s licensors.
- The Services and all rights therein are and shall remain Moov’s property or the property of Moov’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except as provided for in these Terms or permit you to use or reference in any manner Moov’s company names, logos, product and service names, trademarks or services marks or those of Moov’s licensors.
3. User Account
- In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”) accessible through the Application.
- You must be over 18 or older to register for an Account or use the Services. You may use a Moov bicycle if you are 16 or older (“a minor”) and the minor’s parent or legal guardian (i) has registered the Account on behalf of the minor (ii) consents to and supervises the minor’s use of the Services (iii) guarantees, represents and warrants that they and the minor have accepted and agreed to these Terms and (iv) that they are, to the maximum extent permissible by applicable law, fully responsible and liable for all injuries, damages, costs and expenses arising from the minor’s use of the Services in accordance with these Terms and as provided for by law. Anyone under the age of 16 may not use the Services, including a Moov bicycle.
- You are required, in accepting these Terms, to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services or may result in Moov’s termination of your access to the Services.
- You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
- Unless otherwise permitted by Moov in writing, you may only register for one Account.
- Moov reserves the right to refuse the registration of a user Account or to suspend or terminate a user Account in accordance with clause 12.
- You may not authorize third parties to use your Account nor assign nor otherwise transfer your Account to any other person or entity to access or use the Services.
- Where Moov considers it necessary, you may be asked to provide proof of identity to access
or use the Services and you may be denied access to or the use of the Services if you refuse
or are unable to provide proof of identity.
By creating an Account you agree that Moov may send you information by text message (SMS) to facilitate the use of the Services. You have the right to opt out of receiving text messages but acknowledge that this may impact on your use of the Services.
4. Bike Access
- Moov bicycles can be found, reserved, unlocked and used when logged into your Account. Bicycles are unlocked by scanning the QR code on the bicycle.
- You are responsible for obtaining the data network access necessary to access and use the Services. Your mobile network’s data and messaging rates and fees may apply and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Moov does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Charges and Payments
- You will be charged for each trip on a Moov bicycle according to the current rate and price list. Details of the prices and charges are available on the Application or upon written request to Moov at firstname.lastname@example.org. You shall not use Moov Services if you don’t agree to the prices or charges.
- Moov reserves the right to amend these Terms including the charges at any time but, where practicable, will use all reasonable endeavours to provide you with prior notification of any such amendments.
- The charging period and any charges imposed, including charges for lost, stolen or damaged bicycles, will be determined by Moov using the data recorded on Moov’s systems and that data shall be proof of the period of use. You must contact Moov within 90 days of when the charge was made should you wish to dispute the amount charged. You agree that Moov may, at its sole discretion, collect any charges imposed hereunder, including but not limited to charges for lost, stolen or damaged bicycles, directly from your debit card or credit card that you have registered at the time of registration.
- Prior to accessing a Moov bicycle you need to furnish your Account with sufficient funds for your trip. If sufficient funds are unavailable in your Account for the trip the outstanding sums will be debited when funds are next added to your Account. You will be unable to start a new trip on a Moov bicycle until sufficient funds are available on your Account.
- If a Moov bicycle is damaged during the trip you must report the damage to Moov as soon as it is safe to do so through the Application or by writing to email@example.com.
- If a Moov bicycle is parked outside of an operating zone an additional bike relocation fee will be charged. Details of such a bike relocation fee, including but not limited to the price of such a fee, are available on our Application or upon written request to Moov at firstname.lastname@example.org. You shall not use Moov Services if you don’t agree to these charges.
- Upon termination of the Account you will be required to pay any outstanding charges for trips made where insufficient funds were available in your Account.
- Moov may, in Moov’s sole discretion, create and offer promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services (“Promo Credit”), subject to any additional terms that Moov establishes for each Promo Code. You agree that Promo Credit is for your sole and personal use and may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted in writing by Moov. Promo Credit may only be used pursuant to the specific terms that Moov establishes for each Promo Code. The Promo Codes and Promo Credit have no cash value and may expire before any Promo Credit has been redeemed or used. Moov reserves the right to withdraw or disable any Promo Credit at any time and for any reason without liability. Moov reserves the right to withhold or deduct Promo Credit other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Moov determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
6. Availability of Moov Bicycles
- Moov will always try to run a reliable service and ensure that Moov bicycles are available. Sometimes part or all of the Services will be unable to operate for reasons beyond our reasonable control.
- During certain periods, Moov bicycles may be in heavy demand so Moov cannot always guarantee to have a bicycle available within a reasonable distance.
7. Your obligations
- You are personally responsible for each Moov bicycle for the duration of any trip (from when you unlock the Moov bicycle until you lock the Moov bicycle).
- When using a Moov bicycle you must be capable of riding and operating a bicycle competently
on the roads and take all reasonable care to protect yourself through the use of a cycle
helmet and necessary protective and reflective clothing. You must also:
a) comply with these terms and conditions and all applicable laws and regulations;
b) make yourself familiar with the operation of the bicycle before commencing your trip;
c) check that the Moov bicycle (including, without limitation, the tyres, brakes, saddle, lights, frame and bell) is roadworthy and safe before commencing your trip;
d) end your trip and use of the bicycle immediately in the event the bicycle suffers from any technical defects or is otherwise damaged at the beginning of, or at any point during, the trip. All such defects and damage should be reported to Moov through the Application at the earliest and safest opportunity;
- When using a Moov bicycle you must not:
a) lock or secure the bicycle to any object or property during the trip;
b) give, lend or sell the bicycle to any other person or allow any other person to use the bicycle;
c) damage, deface, vandalise or tamper with the bicycle;
d) cycle with more than one person at a time;
e) add or attach accessories or trailers to the bicycle;
- a load in the basket of more than 5 kilograms
- an object which overhangs the basket
- any animals, children or persons
- dangerous, hazardous or flammable substances or any object that is likely to cause injury to you or damage to the bicycle or injury or offence to any other person;
i) use the bicycle in a manner that causes or is likely to cause injury, harassment, alarm or distress to others;
k) use the bicycle in case of strong wind or stormy weather;
l) use the bicycle under the influence of drugs or alcohol;
m) transfer or move the Moov bicycle or any part of it to any areas by means other than riding the Moov bicycle in accordance with applicable laws and regulations, whether the bicycle is locked or not; and
n) use the bicycle outside of the operational zones.
- When parking a Moov bicycle you must follow all applicable laws and regulations.
- When using the Services provided by Moov you may not:
a) remove any copyright, trademark or other proprietary notices from any portion of the Services;
b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Moov;
c) decompile, reverse engineer or disassemble the Services;
d) link to, mirror or frame any portion of the Services;
e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
g) submit, upload or publish any defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content;
h) without the prior written consent of Moov, publish any commercial or noncommercial advertisements; and
i) infringe any other party’s lawful rights, including without limitation intellectual property rights.
YOU UNDERSTAND AND AGREE THAT CONDUCTING ANY OF THE ABOVE PROHIBITED ACTS SHALL RESULT IN MOOV’S DENIAL OF YOUR ACCESS TO OR USE OF THE SERVICES AND MAY ALSO INCUR FINES.
- THE SERVICES MAY BE MADE AVAILABLE OR ACCESSED IN CONNECTION WITH THIRD PARTY SERVICES AND CONTENT (INCLUDING ADVERTISING) THAT MOOV DOES NOT CONTROL. MOOV DOES NOT ENDORSE SUCH THIRD PARTY SERVICES AND CONTENT AND IN NO EVENT SHALL MOOV BE RESPONSIBLE OR LIABLE FOR ANY PRODUCTS OR SERVICES OF SUCH THIRD PARTY PROVIDERS. ACCESS TO THE SERVICES USING THESE DEVICES IS SUBJECT TO TERMS SET FORTH IN THE APPLICABLE THIRD PARTY’S TERMS AND CONDITIONS.
- MOOV, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (“MOOV PARTIES”) HAVE TAKEN ALL REASONABLE CARE IN THE OFFERING OF THE SERVICES BUT MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE APPLICATION AND THE UNDERLYING SOFTWARE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. MOOV PARTIES SHALL NOT BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR OTHER INFORMATION CONVEYED TO THE USER NOT FOR DELAYS OR INTERRUPTIONS OF THE DATA OR THE INFORMATION STREAM AND MOOV PARTIES DO NOT GUARANTEE THAT THE APPLICATION AND OTHER SERVICES WILL BE AVAILABLE AT ALL TIMES. YOU USE THE APPLICATION AND OTHER SERVICES AT YOUR OWN RISK.
- YOU USE THE SERVICES, INCLUDING MOOV BICYCLES, AT YOUR OWN RISK.
- YOU ARE LIABLE FOR ANY INJURY, DAMAGE OR LOSS CAUSED BY YOUR USE OF A MOOV BICYCLE FROM THE MOMENT YOU UNLOCK THE BICYCLE UNTIL IT IS LOCKED AND IN RESPECT OF ANY INJURY, DAMAGE OR LOSS CAUSED BY YOUR PARKING OF THE MOOV BICYCLE.
- YOU ARE LIABLE FOR THE LOSS OR DAMAGE OF ANY MOOV BICYCLE WHICH YOU CAUSE INTENTIONALLY OR THROUGH YOUR NEGLIGENCE.
- YOU ACCEPT LIABILITY FOR ALL INJURY, DAMAGE OR LOSS ARISING FROM YOUR NONCOMPLIANCE WITH YOUR OBLIGATIONS AS DEFINED IN THESE TERMS.
- MOOV IS LIABLE FOR INJURY, DAMAGE OR LOSS THAT IS CAUSED INTENTIONALLY BY MOOV OR THROUGH MOOV’S NEGLIGENCE.
- MOOV SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. MOOV SHALL NOT BE LIABLE FOR ANY OTHER LOSS ARISING OUT OF YOUR USE OF THE SERVICES, SAVE AS REQUIRED BY LAW.
You agree to indemnify and hold Moov and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:
a) your use of the Services or services;
b) your breach or violation of any of these Terms;
c) your violation of the rights of any third party, including those injured in accidents.
11. Public Liability Insurance
- Moov has arranged for the provision of public liability insurance, which insures you against liability you incur in respect of injury to a third party or accidental damage to the physical property of a third party arising from your use of a Moov bicycle (the “Insurance”).
- The cost of the Insurance is included in the hire charges for using a Moov bicycle and it is not possible for you to opt out of the Insurance.
- The Insurance does not cover you for any injury or harm you suffer in the event of an accident and you may wish to take out your own insurance before using a Moov bicycle.
- If you are involved in an accident or damage or injury is caused to you, someone or something while using a Moov bicycle, you must stop cycling when safe to do so and inform the local police. You must also notify Moov through the Application or by email to email@example.com of the accident and any resulting injury or damage. You must provide Moov with any police incident number provided to you.
12. Refusal, Suspension and Termination of Account
- You or Moov may terminate their contractual relationship and so terminate your Account at any time.
- You may terminate your Account by contacting Moov at firstname.lastname@example.org.
- If at any time you do not comply with these Terms and/or any applicable laws or regulations while using a Moov bicycle or any other Service, Moov reserves the right to terminate or suspend your use of the Service, including the hire of Moov bicycles.
- Information obtained by the police regarding non-compliance with these Terms and any applicable laws or regulation while you are using a Moov bicycle may be disclosed to us and we may use such information to terminate or suspend your use of the Services, including the hire of Moov bicycles.
- Moov top up balance and Moov pass is strictly non-refundable.
- If you have used or attempted to use a payment method to defraud us, Moov may terminate your Account without payment of any refund to you.
- Moov may refuse the registration of an Account if:
a) a user has previously been suspended using the Moov service or had their account terminated for failing to adhere to the Terms or any applicable Singaporean laws and regulations;
b) there are outstanding sums payable to Moov arising from a previous use of the Service;
c) Moov receives a police instruction that you have committed a cycling offence in accordance with any applicable Singaporean laws; or
d) Moov has reason to believe that you are attempting or have attempted to use a payment method to defraud Moov.
13. Complaints and disputes
- Any complaints should be made to email@example.com.
- These Terms constitute the entire agreement and understanding of the parties with respect to their subject matter and replaces and supersede all prior Terms and agreements between the parties regarding the use of Moov Services.
- These Terms and your use of the Services are governed by the laws of Singapore.
14. Other information
- Only you and we have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.
- You may not assign or transfer any of your rights under these Terms in whole or in part to any other person without Moov’s prior written consent.
- Moov may assign or transfer these Terms in whole or in part, including to:
a) a subsidiary or affiliate;
b) an acquirer of Moov’s equity, business or assets; or
c) a successor by merger.
- If there is a conflict between the English version and any translation of these terms and conditions, the English version shall apply.
- Legal ineffectiveness of any part of these Terms does not affect the validity of the remainder of the Terms. Should a provision of the Terms be or become ineffective or unfeasible, the validity of the remainder of the Terms shall remain unaffected. In the event that a provision of these Terms is illegal, invalid or unenforceable for whatever reason, the parties shall replace that provision, or part thereof, with a provision that is legal, valid and enforceable and which has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, or part thereof.
For any queries or matters arising out of these Terms or for technical support contact Moov through the Application or write to us at: firstname.lastname@example.org