Terms Of Use - Passenger

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MYRIDE DRIVER TERMS & CONDITION - UPDATED AUG 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION. YOU SHOULD IMMEDIATELY STOP AND REFRAIN FROM USING THIS APPLICATION IF YOU DO NOT AGREE TO THIS TERMS OF USE.

MYRIDE RESERVES 100% RIGHTS ON FARE PRICING SET UP & POSITIONING TO CONSIDER DEMAND FACTOR, OFF & ON PEAK SEASON AND WE WILL ALWAYS DO OUR BEST TO CREATE WIN WIN SITUATION FOR DRIVER AND PASSENGERS. OUR PRICING FOLLOWS MARKET TREND AND CHECKED EVERY HOUR TO ENSURE BEST PRICING IS OFFERED AND TO ATTRACT USER TO BOOK MYRIDE. FARE CAN SOMETIMES BE LOWER THAN EXPECTED TO CREATES DEMAND. 

STRICT POLICY :FOR DRIVER WHO REPEATEDLY CANCEL TRIP WITHOUT ANY VALID REASON

 We will call you and give notification and seek for your explanation. If no action or respond received from you, My Ride will suspend your account without prejudice and a reminder will be send directly to you. You are required to come over to our office for RE EDUCATION and training before going online again and MyRide will charge RM 25.00 for account reactivation (on 2nd appeal). If again driver repeat same mistake , permanent account ban will be impose to the said driver and he/she can no longer drive with MyRide.

UPDATED : COMMISSION ON  MYRIDE

Effective 7th August 2024, in order to provide more freedom and suitability for drivers, we are now providing commission base at rate of 9.25% per trip. This will help drivers to worry more on subscription plan duration.

FARE POSITIONING (BASE FARE : RM 5.00 to RM 7.00) PER KM RM 1.00 to RM1.25 - fare positioning will follow demand factor, location and off peak hours/seasons/middle month period. PLEASE UNDERSTAND THE CUSTOMER COME FIRST IN OUR FARE POLICY.

HIGH FARE (SURGING) - My Ride will implement high fare zone if deemed necessary. High fare zone will only made available on big city with heavy traffic conditions. PLEASE REFER DRIVER APP ZONING AREA TO CHECK HIGH FARE ZONE *IF AVAILABLE. OUR SURGING RATE START FROM 1.3X UNTIL MAXIMUM 3X FROM BASE FARE.

FOR EVP (ELECTRONIC VEHICLE PERMIT) REQUIREMENTS - My Ride will only issue EVP to performing drivers and that has job performed with My Ride with minimum 10 jobs for the past 2 months  (FULL TIME drivers are priority basis) and the EVP issuance can be up to 14 days to. If you are qualify please contact our HELP CENTER. 

PICK UP CHARGES BONUS - My Ride reserve all rights to implement or NOT this pick up charges as it will impact the fare price to customers. However our base fare of RM 7.00 and Advance category base fare RM10.00 is sufficient enough to cover the pick up if below than 5KM distance. We suggest driver to EVALUATE DISTANCE OF PICK UP FIRST BEFORE DECIDING TO PICK THE ORDER. PLEASE USE YOUR JUDGEMENT CORRECTLY.

PROMOCODE REIMBURSEMENT - Myride promocode is not AUTO REIMBURSED to driver wallet and the payback is by CREDIT value (NOT CASH). All promo rides reimbursement will be transfer back to driver credit wallet and driver NEED TO INFORM US ON CHAT SUPPORT. This is NOT a cash value money but it will help drivers to purchase our drivers plan in the future. Reimbursement will be made immediately once driver request the claim via HELP CENTER.

NON ACTIVE DRIVER POLICY : If a driver found not active on our platform more than 30 DAYS , we will send reminder to driver whether they still want to drive with us or not. If they not interested , MyRide will block the account. If the driver wish to continue driving, driver ARE COMPULSORY to buy 2 weeks subscription plan of RM 55.00 to be able to drive again with us or to top up minimum RM 55.00.

This MyRide Driver’s Service Agreement shall govern the relationship between Westcove Frontier Sdn Bhd (“MyRide, us, we”) and the Driver, which is to be read together and shall collectively represent a legally binding agreement (“Agreement”) between the Parties.

Westcove Frontier Sdn Bhd is the owner and operator of the MyRide App e-hailing application (“Application”) that is available on the mobile application (“Platform”) for the purpose of enabling users seeking transportation services (“Passenger”) to certain destinations to be matched with third party independent transportation providers (“Driver, you, your”) for a certain fare (“Service”).

By clicking the Accept & Agree button in the Driver’s Registration Form, you agree that you have read, understood, accepted and agreed with these terms and conditions.

Fare Pricing Policy Strategies - MyRide holds 100% rights in deciding the base fare and fare per km 

A. Terms

This Agreement shall commence on the date where your registration as a Driver is confirmed by My Ride(“Effective Date”) and shall continue indefinitely unless terminated pursuant to Clause I below in this Agreement.

B. Grant of Rights

From the Effective Date and in exchange for the Remuneration (hereunder defined), we hereby grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application to enable you to perform the Service subject to the terms and conditions of this Agreement. You shall also abide by and adhere to the Term of Use of the Application at all times, which may be changed and/or amended from time to time. You are advised to keep yourself updated with the latest version of the Term of Use.

C. Drivers’ Obligations 

During the Term of this Agreement, you undertake that;

1. You possess a valid driver’s license and a public vehicle service license (“PSV License”) and have obtained an e-hailing vehicle permit (“EVP”) in order to operate a motor vehicle;

2. The vehicle which you intend to use when performing the Service (“Vehicle”), is in good operating condition and meets the industry safety standards for Vehicles of its kind;

3. You will strictly adhere and comply with road safety standards, as imposed by the applicable laws;

4. You shall possess the necessary insurance policy required under the applicable laws for third party and public liability coverage for the Vehicle and to cover any anticipated losses incurred as a result of performing the Service;

5. You shall carry out the performance of the Service in compliance with and in the manner as stipulated under Schedule A – Code of Conduct;

6. You agree to assist us with any internal or external investigations as may be required by us in complying with any prevailing laws or regulations in place;

7. You shall not, at any time after accepting a Book a Ride, unreasonably cancel the performance of Service to such booking; and

8. any other obligation that we may impose from time to time at our discretion.

D. Payments & Refunds

1. Payment Terms for Drivers

1.1 The fees which you pay us for the completion of each Service are due immediately and are non-refundable (“Commission“). The Commission shall be a percentage of the fee charged to passengers, as determined by us from time to time. The percentage of Commission shall be based on the category of drivers and vehicles and will be displayed to you in the Application.

1.2 This no-refund policy shall apply at all times regardless of your decision to terminate this Agreement, our decision to terminate or suspend your access to the Application, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

1.3 You acknowledge and confirm that we may collect on your behalf the total due to you for certain payment methods chosen by the Passenger. We retain the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Passenger have breached any of the terms in this Agreement. In such an event, you shall not hold us liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

1.4   We may, at our sole discretion, make promotional offers with different features and different rates on the Service to any of the Passenger whereby these promotional offers shall accordingly be honored by you. We may change the Commission rate at any time at our sole discretion.

2. Driver’s Credit Wallet - a wallet to place your credit for taking job from Myride. This wallet is not cashable (cannot be cash out) under any circumstances and driver are advice to decide carefully before making a top up with us. There is no CASH WALLET in driver app and please take not on this thanks .

3. Driver’s Subscription Plan

The revolution replacing commission based. Our plan plan pricing started from RM 10 for 3 day, RM 20 for 7 days, RM 55 for 2 week and RM 110 for 1 month, This plan will help drivers to earn more and with less expenses on top up.

Refund On Subscription Plan : No refund will be entertain but extension period might be considered in any situations . We will keep this amount on wallet for your future come back to My Ride.

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E. Taxes

You are accountable for payment of any tax and statutory contributions due in respect of the sums payable to you under or in connection with this Agreement. You also acknowledge and agree that the Commission is inclusive of all and any applicable sales and service tax, goods and service tax, value added tax, withholding tax and/or other similar taxes, that are applicable and imposed pursuant to the local laws of Malaysia.

F. Unpaid Fare & Cleaning Compensation

The Passengers rely on you for the provision of the Service. You agree that high and/or frequent cancellation rates or ignoring the Passengers’ bookings will impair the Passengers’ experience and negatively impact the reputation and branding of MyRide. Should you be found to have violated this sub clause, we shall reserve the right to take any appropriate measure against you including but not limited to restricting your Service. For unpaid fare, we will investigate and only once approval given we will update driver. Please fill in form at :  https://forms.gle/p7GmrgyDpzQfb8FTA (Myride does not guarantee any compensation of non paid fare at the moment.

STRICT POLICY :FOR DRIVER WHO REPEATEDLY CANCEL TRIP WITHOUT ANY VALID REASON, My Ride give soft warning first and if it is a repeated action will suspend your account without prejudice and a reminder will be send directly to you. You are required to come over to our office for RE EDUCATION and training before going online again. If driver repeat again the same behavior , MyRide will charge RM 25.00 for account reactivation (on 2nd appeal). If again driver repeat same mistake , permanent account ban will be impose to the said driver and he/she can no longer drive with MyRide.

FOR CRIMINAL CASE , MYRIDE WILL SUSPEND YOUR ACCOUNT AND LODGE POLICE REPORT ON YOUR NAME.

H. Incentive for Driver

At the sole discretion of ours, MyRide may select you as part of MyRide Driver’s incentive program. The incentive program will be communicated to you through the Applications and any applicable terms and conditions shall be communicated and made available to you through the in-app messaging function of the Application.

I. Suspension ,Termination & Refund

1.1 You agree and acknowledge and accept that a failure to comply with the Term of Use may result in suspension of this grant of right.

1.2 You agree that we may do any of the following, at any time, without notice:

(i)  to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason;

(ii) to modify or change any applicable policies or terms; and

(iii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We shall not be required to compensate you for any suspension or termination.

1.3 We reserve the right to immediately terminate this Agreement in the event you are in breach of Clause J [Intellectual Property Rights], Clause K [Confidentiality] and Clause M [Drivers’ Representations, Warranties and Undertakings].

1.4 We may terminate this Agreement In the event, you are in breach of your obligations as provided under this Agreement, Code of Conduct and/or Terms of Use and has failed to remedy such breach, if capable of remedy, within seven (7) days (unless otherwise stated in this Agreement), or any other extended period as agreed upon between the Parties after receipt of notice from us requesting to remedy such breach; and by written notice with a notice period of 30 days without the need to assign any reason thereof.

1.5 No refund will be made to driver upon request to terminate the account. We will keep this wallet amount for your future reinstatement back to Myride.

J. Intellectual Property Rights

MyRide and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The terms and conditions do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Application, or any intellectual property rights owned by MyRide and/or its licensors. MyRide’s name, MyRide’s logo, the Service and/or the Application and the third-party transportation providers’ logos and the product names associated with the Application are trademarks of MyRide or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Application herein shall include its respective components, processes and design in its entirety.

K. Confidentiality

You shall maintain in confidence all information and data relating to MyRide, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of MyRide (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from MyRide, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without MyRide ‘s prior written consent, disclose such information to any third party nor use it for any other purpose.

L. Data Privacy and Personal Data Protection Policy

MyRide collects and processes your Personal Data and you agree and consent to MyRide, its subsidiaries, actual assignee, potential assignee, transferee, acquirer, in connection with any corporate restructuring plan to transfer the business, asset or it’s liability and any of its affiliate companies to be collecting, using, processing and disclosing your Personal Data in the manner deemed fit and necessary by MyRide.

M. Drivers’ Representations, Warranties and Undertakings

During the Term of this Agreement, you represent, warrant and undertake that:

1. You have legal capacity to enter into the Agreement;

2. You are at least eighteen (18) years old;

3. All the information which you provide shall be true and accurate;

4. When performing the Service, you agree to comply with all laws applicable to you and/or your performance of the Service; You own, or have the legal right and authority to operate, the Vehicle which you intend to use when performing the Service;

5. You have all the appropriate licenses, approvals and authority to provide the Service;

6. You shall obey all local laws related to the operation of a e-hailing service and will be solely responsible for any violations of such local laws; and You are aware that when responding to Passengers, an in-app messaging function will be made available. In the event you choose to communicate otherwise, standard telecommunication charges may apply which shall be solely borne by you.

N. Indemnification

During the Term of this Agreement, you agree that you shall indemnify and hold MyRide, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your performance of the Service and any violation and breach to the Code of Conduct; or (b) your violation or breach of any of the terms and conditions of this Agreement and the Term of Use of the Application; and (c) any act or omission, negligence or willful misconduct resulting in personal injury, death or property damage.

O. Disclaimer of Warranties

The Application, its content and any related service(s) is provided to you on an “as is” basis. MyRide Ride makes no representations or warranties of any kind, express or implied, in connection with the Application, Platform, Service, these terms and conditions, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Application, Platform, Service, or terms and conditions.

P. Internet Delays

The platform, application and/or the associated software used to maintain and operate the platform and/or application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. You hereby acknowledge and agree that MyRide ride is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

Q. Limitation of Liability

You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the performance of the Service by you.

R. Assignment

This Terms and Conditions as modified from time to time shall not be assigned by you at all times. However, MyRide shall have the right to assign without your consent subject to a notice to be provided by us. Any purported assignment by you in violation of this section shall be void.

S. Relationship

The relationship between you and MyRide shall be of the nature of independent contractors. Nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other form of joint enterprise with us.

T. Severability

If any provision of the terms and conditions is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

U. No Waiver

The failure of MyRide to enforce any right or provision in the terms and conditions shall not constitute a waiver of such right or provision.

V. Entire Agreement

This Agreement comprises the entire agreement between you and us and supersedes any prior or contemporaneous negotiations or discussions.

W. Miscellaneous

1. You will only use the Application to carry out the Service for their intended and lawful purposes;

2. You will keep your account password or any identification we provide you which allows access to the Application secure and confidential;

3. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

4. You will not try to interrupt or harm the Application in any way;

5. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

6. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

7. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

8. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

9. You will not copy, or distribute the content of the Application Software or other content without written permission from MyRide;

10. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that we may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right but not the obligation to terminate this Agreement at any time with or without notice;

11. You will only use an access point or data account which you are authorized to use;

12. You agree that your use of the Application will be subject to our Privacy Policy;

13. You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud MyRide or to disrupt the natural functions of the Application;

14. You shall not reverse look-up, trace or seek to trace any information on any Passenger, or any other customer of MyRide, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;

15. In the course of your performance of the Service, you acknowledge that MyRide may disclose Personal Data of other individuals to you and you undertake that you will only use such Personal Data for any other purposes not associated with the performance of the Service.

16. You shall not: license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; modify or make derivative works based on the Application; “mirror” the Application on any other server or wireless or internet-based device; except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application; use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary right; remove any copyright, trademark or other proprietary rights notices contained on the Application; or use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

17. You agree and acknowledge and accept that a failure to comply with the Term of Use may result in suspension of this grant of right. This Application is governed by the laws of Malaysia and should there be any dispute arising from your use of this Application, you further agree to submit to the exclusive jurisdiction of the Malaysia courts.

18. These Terms and Conditions will prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional materials regarding MyRide. In the event of any inconsistency between the terms in this Terms and Conditions and other provisions or materials, this Terms and Conditions shall prevail.

19. We shall not be liable for any failure to comply with or for any delay in performing our obligations where the failure is caused by something outside our reasonable control. Such circumstances shall include, but not limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, epidemic and pandemic as pronounced by the World Health Organization, inevitable accidents, supervening legislation or any other circumstances of whatsoever nature beyond the control of ours.

20. We reserve the right at our sole discretion to vary, delete or add to any of the Terms and Conditions contained herein and/or cancel, terminate or suspend your book a ride from time to time without any prior notice, and such revised terms and conditions will be posted on the App immediately. For the avoidance of doubt, cancellation, termination or suspension by us of your access to the App or book a ride shall not entitle you to any claim or compensation against us for any and all losses or damage howsoever arising, whether or not we or you have been advised of the possibility of such loss or damage.

21. You agree to defend and indemnify us and any of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, brought by third parties, including the Driver, as a result of your breach of this Terms and Conditions and your violation of any rights or applicable laws.

22. We shall bear no responsibility for any damage, loss (including but not limited to direct, indirect and consequential loss), liability, injury or disappointment incurred or suffered by you) in connection with the Service, the promotion of this Service, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

23. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Malaysia.

Schedule A

MYRIDE DRIVER’S CODE OF CONDUCT

1. You will not use the Application to cause nuisance or behave in an inappropriate or disrespectful manner towards us, our affiliates or any third party

2. You shall not contact Passengers for purposes other than in connection with the Service;

3. You shall ensure that the vehicle must be maintained in good condition and regular inspection must be carried out to ensure that the said vehicle is safe, roadworthy and suitable for its intended use;

4. You shall comply with all traffic laws and regulations imposed by the relevant authorities from time to time;

5. You shall only use the vehicle that you have registered in the Application and should not use any other vehicle. If you are required to use another vehicle for the same account, please contact MyRide’s chat support to perform the necessary changes of information.

6. You are prohibited to consume any alcohol, drugs and/or illegal substances prior to or during the drive;

7. You are advisable to maintain proper decorum and dress appropriately as regulated by MyRide and/or the local authority(ies);

8. You shall not engage in reckless driving which may pose a risk or threat to the Passenger(s) safety and wellbeing;

9. You shall provide assistance to the Passenger(s) especially to the less able;

10. You shall communicate with the Passenger(s) in a polite and non-abusive manner. Any vulgar words or sexual insinuation is strictly prohibited;

11. Any form of misconduct or sexual harassment is strictly prohibited. MyRide may lodge a police report against you for any wrongdoing which can be deemed as criminal in nature;

12. Any form of communication with the Passenger(s) which is personal and unwarranted is strictly prohibited;

13. You shall respect if the Passenger(s) refuse to communicate and shall respect their decision and avoid making them uncomfortable;

14. You shall always check with the Passenger(s) if they have left any item(s) or personal belonging(s) behind. Any item(s) found shall be notified and/or returned to the Passenger(s) or to MyRide;

15. You shall not engage in job transfer and every accepted job assignment shall be honoured and completed by you;

16. You shall not practice any form of discrimination towards different religion, race, sexuality, and towards the disabled;

17. You are aware that overcharging Passenger(s) shall be viewed seriously.