TERMS OF USE
Last Updated: 7th May 2026
These Terms of Use (“Terms”) govern your access to and use of the Kummute mobile application, website, and any related platforms or services (collectively, the “Platform”), operated by Kumpool Sdn. Bhd. (Registration No.: 1493722-P / 202201048025) (“Company”, “we”, “us”, or “our”).
By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, as may be amended from time to time. If you do not agree to these Terms, you must immediately cease accessing or using the Platform.
1. SCOPE OF SERVICES
The Platform enables users (“Users”, “you”, or “your”) to discover, access, book, and make payment for transportation-related services made available through the Platform.
The services made available through the Platform may include, without limitation:
(a) Kumpool — on-demand ride pooling services;
(b) Kumride — e-hailing services;
(c) CB Taxi — cross-border transportation services between Malaysia and Singapore;
(d) KumCharter — chartered transportation services; and
(e) Kumpool for Business — enterprise mobility and corporate transportation solutions,
collectively, the “Services”.
The Services may be provided by the Company directly using vehicles owned, leased, operated, or otherwise arranged by the Company, and/or by independent third-party service providers appointed, engaged, or made available through the Platform (“Third-Party Service Providers”), depending on the relevant Service, booking, location, availability, and operational arrangements.
Certain Services may be subject to additional terms and conditions specific to such Services (“Service-Specific Terms”), which shall be incorporated into and form an integral part of these Terms. In the event of any inconsistency between these Terms and the Service-Specific Terms, the Service-Specific Terms shall prevail to the extent of such inconsistency.
2. Role of the Platform and Provision of Services
2.1 Hybrid Service Model
The Platform operates as an integrated mobility solution through which the Services may be provided either:
(a) directly by the Company, using vehicles owned, leased, operated, or otherwise arranged by the Company; and/or
(b) by independent third-party service providers appointed, engaged, or made available through the Platform (“Third-Party Service Providers”).
The manner in which a particular Service is provided shall depend on factors including the nature of the Service, booking details, location, availability, and operational requirements.
2.2 Role of the Company
Where the Services are provided directly by the Company, the Company shall be responsible for the provision of such Services in accordance with these Terms and any applicable Service-Specific Terms.
For the avoidance of doubt, the Company shall be identified as the service provider where the relevant Service is operated directly by the Company.
Where the Services are provided by Third-Party Service Providers, the Company acts as a technology platform, facilitator, and/or intermediary to enable Users to access, book, and make payment for such Services.
2.3 Third-Party Service Providers
Where a Service is provided by a Third-Party Service Provider:
(a) such Third-Party Service Provider shall be solely responsible for the performance, quality, safety, and delivery of the relevant Service;
(b) the Company does not control and does not guarantee the availability, suitability, or performance of such Third-Party Service Providers; and
(c) any contractual relationship in respect of the provision of such Services shall be between you and the relevant Third-Party Service Provider, unless otherwise expressly stated.
2.4 No General Agency or Employment Relationship
Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or employment relationship between the Company and any Third-Party Service Provider, except where expressly stated.
2.5 Payment Facilitation
The Company may facilitate payments for Services provided through the Platform and may act as a limited payment collection agent on behalf of Third-Party Service Providers, where applicable.
3. ACCOUNT REGISTRATION
3.1 Account Requirement
In order to access and use certain features of the Platform, you may be required to create and maintain a user account (“Account”). By registering for an Account, you agree to provide accurate, current, and complete information and to keep such information updated at all times.
3.2 Eligibility
You represent and warrant that:
(a) you are at least eighteen (18) years of age and have the legal capacity to enter into binding agreements; and
(b) you are not prohibited from using the Platform under any applicable laws or regulations.
3.3 Account Responsibility
You are solely responsible for:
(a) maintaining the confidentiality and security of your Account credentials (including passwords, OTPs, and access codes); and
(b) all activities conducted through or under your Account, whether or not authorised by you.
The Company shall not be liable for any loss or damage arising from your failure to safeguard your Account credentials.
3.4 Prohibited Account Use
You shall not:
(a) create an Account using false, misleading, or incomplete information;
(b) impersonate any person or entity or misrepresent your identity;
(c) create multiple Accounts without authorisation; or
(d) use the Account for any unlawful, fraudulent, or abusive purposes.
3.5 Suspension and Termination
The Company reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate your Account if:
(a) you breach these Terms;
(b) your Account is used in a manner that is fraudulent, unlawful, or harmful to the Platform, other Users, or Third-Party Service Providers; or
(c) such action is required to comply with legal or regulatory obligations.
3.6 Verification
The Company may, at its discretion, require you to verify your identity or Account information, including through the submission of supporting documents or authentication measures, in order to access certain features of the Platform or Services.
3.7 Company’s Discretion
The Company reserves the right to refuse registration or access to the Platform at its sole discretion.
4. BOOKINGS AND PAYMENTS
4.1 Booking of Services
All bookings for Services must be made through the Platform and are subject to availability, confirmation, and acceptance by the Company and/or the relevant Third-Party Service Provider.
The Company reserves the right to accept, reject, or cancel any booking at its discretion, including where there are errors in pricing, availability, or suspected misuse of the Platform.
4.2 Pricing and Charges
The fares and charges for the Services (“Fares”) are as displayed on the Platform at the time of booking and may include:
(a) base fares, distance-based or time-based charges;
(b) dynamic or surge pricing;
(c) tolls, surcharges, cross-border fees, or additional charges; and
(d) applicable taxes.
All Fares are subject to change at any time prior to booking confirmation. The Company reserves the right to cancel or adjust bookings where there are manifest pricing errors.
Promotional offers are subject to terms and may be withdrawn or modified at any time.
4.3 Payment Methods
The Platform may support various payment methods, including but not limited to credit cards, debit cards, online banking, and electronic wallet functionality (“E-Wallet”), as made available from time to time.
Cash payments are not accepted unless expressly permitted by the Company.
4.4 Payment Processing and Collection
You authorise the Company to collect, process, and settle payments for Services booked through the Platform.
Where a Service is provided by a Third-Party Service Provider, the Company acts as a limited payment collection agent on behalf of such Third-Party Service Provider. Payment made by you to the Company shall be deemed as payment made to the relevant Third-Party Service Provider to the extent of the amount received.
4.5 Payment Provider Disclaimer
The Company utilises third-party payment service providers to process payments made through the Platform. To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any errors, delays, failures, or disputes arising from or in connection with the services of such payment service providers.
4.6 Fees and Deductions
The Company may impose platform fees, service fees, transaction fees, administrative charges, or other applicable fees, which shall be disclosed to you prior to confirming your booking.
The Company reserves the right to introduce, vary, or revise such fees from time to time.
4.7 Authorisation and Billing
By providing your payment details, you:
(a) represent and warrant that you are authorised to use the selected payment method; and
(b) authorise the Company to charge the applicable Fares and fees to such payment method.
4.8 Refunds and Adjustments
Refunds, where applicable, shall be processed in accordance with the Platform’s cancellation and refund policies and any applicable Service-Specific Terms.
The Company reserves the right to make adjustments, corrections, or additional charges where necessary, including in cases of fare recalculation, route changes, tolls, or errors in the original fare.
4.9 Failed or Reversed Payments
If any payment is declined, reversed, or remains unpaid for any reason, the Company reserves the right to:
(a) suspend or restrict your access to the Platform;
(b) recover the outstanding amount; and/or
(c) take appropriate legal action.
4.10 Payment Method: E-Wallet
(a) Nature of E-Wallet
Where an E-Wallet is made available on the Platform, it constitutes a stored value facility that enables you to maintain a balance for the purpose of making payments for Services on the Platform.
The E-Wallet is intended solely for use within the Platform and does not constitute a bank account, deposit account, or investment product.
(b) Top-Ups and Payments
You may add value to your E-Wallet (“Top-Up”) using the available payment methods.
All payments for Services may be deducted from your E-Wallet balance where selected as the payment method.
You shall be responsible for ensuring that sufficient balance is available to complete any transaction. The Company reserves the right to refuse or cancel any transaction where payment is unsuccessful, insufficient, or otherwise invalid.
(c) Refunds and Stored Value
Unless otherwise required by applicable law, all Top-Ups are non-refundable and stored value is non-transferable.
Refunds (if applicable) for cancelled or disputed transactions may be credited to your E-Wallet or original payment method, at the Company’s discretion and in accordance with applicable policies and regulatory requirements.
No interest, profit, or other monetary return shall accrue on any stored value maintained in the E-Wallet.
(d) Limits, Validity, and Expiry
The Company reserves the right to impose limits, conditions, or restrictions on the use of the E-Wallet, including but not limited to:
(i) maximum balance limits;
(ii) transaction limits;
(iii) validity periods or expiry of stored value; and
(iv) verification or identity requirements.
Where an E-Wallet remains inactive or dormant for a continuous period of two (2) years, or such other period as may be prescribed under applicable laws or regulatory requirements, the Company reserves the right to impose an annual administrative fee of Ringgit Malaysia Three (RM3.00), which may be deducted from the remaining stored value balance until:
(a) the account is reactivated;
(b) the stored value balance is exhausted; or
(c) the amount is treated as unclaimed moneys in accordance with applicable law.
The Company shall, where reasonably practicable, provide prior notice before imposing such administrative charges.
(e) Unclaimed Moneys
Where any stored value in the E-Wallet remains unclaimed or the account remains inactive for a prolonged period, such amounts may be treated as unclaimed moneys in accordance with applicable laws, including the Unclaimed Moneys Act 1965.
The Company reserves the right to report and remit such unclaimed amounts to the Accountant General’s Department of Malaysia or any other relevant authority in accordance with applicable legal and regulatory requirements.
Upon such remittance, any claim in respect of such amounts shall be made directly to the relevant authority in accordance with applicable procedures.
(f) Suspension and Termination
The Company reserves the right to suspend, restrict, or terminate access to the E-Wallet where:
(i) fraudulent, unlawful, or suspicious activity is detected;
(ii) required verification or compliance obligations are not met; or
(iii) such action is required under applicable law or regulatory direction.
(g) Third-Party Payment Providers
All payment transactions, including Top-Ups, may be processed by third-party payment service providers. The Company shall not be responsible for any errors, delays, or failures arising from such providers, except as required under applicable law.
(h) Regulatory Compliance
The E-Wallet and all related transactions shall be subject to applicable laws and regulatory requirements, including those issued by Bank Negara Malaysia and, where applicable, Monetary Authority of Singapore.
You agree to comply with all applicable requirements relating to the use of the E-Wallet, including identity verification, anti-money laundering, and counter-terrorism financing obligations.
5. CANCELLATIONS AND REFUNDS
5.1 General
Cancellations of bookings and any applicable refunds shall be governed by the Company’s cancellation and refund policies, as may be updated from time to time, and any applicable Service-Specific Terms.
5.2 Cancellation Requests
All cancellation requests must be made through the Platform or such other method as may be designated by the Company.
5.3 Refund Eligibility
Refund eligibility, including applicable conditions, timelines, and any fees or deductions, shall be determined in accordance with the relevant cancellation and refund policy and/or the applicable Service-Specific Terms.
5.4 Fees and Deductions
The Company reserves the right to impose administrative, processing, or service fees in connection with cancellations and refunds, where applicable, and such fees shall be disclosed prior to booking or at the time of cancellation.
5.5 Refund Processing
Any refunds (where applicable) shall be processed within a reasonable period and in accordance with the Company’s policies and the requirements of payment providers or financial institutions.
5.6 Discretionary Adjustments
Notwithstanding the foregoing, the Company reserves the right, at its sole discretion, to provide refunds, credits, or adjustments in appropriate or exceptional circumstances.
6. USER OBLIGATIONS AND PROHIBITED USE
6.1 Compliance with Laws
You agree to use the Platform and the Services in compliance with all applicable laws, regulations, and requirements, including those relating to transportation, cross-border travel, safety, and public order.
6.2 Accurate Information
You shall provide accurate, complete, and up-to-date information when using the Platform and shall promptly update any information that becomes inaccurate or outdated. The Company shall not be liable for any consequences arising from inaccurate or incomplete information provided by you.
6.3 Proper Use of Services
You agree to use the Services in a lawful, safe, and respectful manner, and shall not engage in any conduct that may endanger, disrupt, or adversely affect the Company, any Third-Party Service Provider or other Users.
The Company or driver reserves the right to refuse or terminate a Service where you engage in unsafe, unlawful, or disruptive conduct.
6.4 Prohibited Conduct
Without limitation, you shall not:
(a) use the Platform for any unlawful, fraudulent, or abusive purpose;
(b) provide false, misleading, or fraudulent information;
(c) interfere with or disrupt the operation, security, or integrity of the Platform;
(d) attempt to gain unauthorised access to any part of the Platform or related systems;
(e) misuse the Services, including making fraudulent bookings, repeated cancellations, or engaging in abusive behaviour;
(f) harass, threaten, or endanger any driver, service provider, or other User;
(g) use the Platform in a manner that may damage the reputation or goodwill of the Company; or
(h) circumvent or attempt to circumvent any fees, payment mechanisms, or safeguards implemented by the Company.
6.5 Cross-Border Compliance
Where you use cross-border Services (including CB Taxi), you shall be solely responsible for ensuring that you:
(a) possess valid travel documents (including passports and visas);
(b) comply with immigration, customs, and border control requirements; and
(c) do not carry any prohibited or restricted items.
(d) The Company shall not be liable for any refusal of entry, delay, penalty, or enforcement action arising from your failure to comply with such requirements.
6.6 Carriage of Items/ Personal Belongings
You are responsible for ensuring that any items carried by you or on your behalf comply with all applicable laws, regulations, and requirements. The Company shall not be responsible or liable for any loss, confiscation, delay, or enforcement action arising from or in connection with such items.
6.7 Carriage of Animals
The carriage of animals shall be subject to the Company’s policies and applicable laws. You shall be responsible for ensuring compliance with such requirements and for any damage, disruption, or additional costs arising from the carriage of such animals.
6.8 Damage to Property
You shall not damage, misuse, or vandalise any vehicle, equipment, or other property owned, leased, or operated by the Company or any Third-Party Service Provider. You shall be responsible for any loss, damage, costs, or expenses arising from your acts or omissions, including the cost of repair, replacement, cleaning, and any loss of use or income resulting therefrom.
The Company reserves the right to charge such costs to your designated payment method and/or recover the same from you by any lawful means.
6.9 Lost and Found
The Company shall not be responsible for any items left behind in any vehicle. Where reasonably practicable, the Company may assist in facilitating the return of such items, but does not guarantee recovery. The Company reserves the right to impose a reasonable handling, storage, or delivery fee.
6.10 Consequences of Breach
The Company reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Platform and Services, and to take any other action deemed appropriate, including reporting to relevant authorities, where you are in breach of these Terms.
The Company reserves the right to recover any losses, damages, or costs arising from your breach of these Terms.
7. DISCLAIMERS
7.1 Platform Provided “As Is”
To the fullest extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis, with all faults. The Company makes no representations or warranties of any kind, whether express, implied, or statutory, including, without limitation, any warranties as to merchantability, fitness for a particular purpose, accuracy, reliability, availability, or non-infringement.
The Company does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
7.2 Services Provided by Third Parties
Where Services are provided by Third-Party Service Providers, such Services are independently delivered by such Third-Party Service Providers.
(a) To the fullest extent permitted by law, the Company does not make any representation, warranty, or guarantee regarding:
(b) the quality, safety, legality, or suitability of such Services;
(c) the conduct, qualifications, licensing, or actions of any Third-Party Service Provider; or
(d) the availability, timeliness, or reliability of such Services.
7.3 No Guarantee of Availability
The Company does not guarantee the availability of any Service, vehicle, or Third-Party Service Provider at any particular time or location. All bookings are subject to availability and operational constraints.
7.4 External Factors and Delays
The Company shall not be responsible for any delays, disruptions, or failures in the provision of Services arising from circumstances beyond its reasonable control, including but not limited to:
(a) traffic conditions;
(b) weather conditions;
(c) mechanical issues;
(d) regulatory or enforcement actions;
(e) border control, immigration, or customs processes; and
(f) acts or omissions of Third-Party Service Providers.
7.5 Cross-Border Services
In relation to cross-border Services (including CB Taxi), travel times, availability, and outcomes may be affected by immigration clearance, border congestion, and regulatory requirements, which are beyond the control of the Company.
The Company makes no representation or warranty as to the duration, success, or outcome of any cross-border journey.
7.6 Third-Party Systems and Technologies
The Platform may rely on third-party systems, networks, and service providers (including payment processors and telecommunications providers). The Company does not warrant the continuous, secure, or error-free operation of such systems and shall not be responsible for failures attributable to such third parties.
8. LIMITATION OF LIABILITY
8.1 No Liability for Third-Party Services
To the fullest extent permitted by applicable law, where any Service is provided by a Third-Party Service Provider, the Company shall not be responsible or liable for any acts, omissions, or services of such Third-Party Service Provider.
Without limitation, the Company shall not be liable for any claims, losses, damages, liabilities, costs, or expenses arising out of or in connection with:
(a) the provision of transportation services by any Third-Party Service Provider;
(b) driver conduct, qualifications, or actions;
(c) vehicle condition, maintenance, or suitability;
(d) delays, cancellations, no-shows, or service failures;
(e) accidents, personal injury, death, or property damage; or
(f) any communications or interactions between you and any Third-Party Service Provider.
8.2 Limitation for Services Provided by the Company
Where Services are provided directly by the Company, the Company’s liability (if any) shall be limited to losses arising directly from the Company’s gross negligence or wilful misconduct, subject always to the limitations set out in this Section.
8.3 Exclusion of Certain Losses
To the fullest extent permitted by law, the Company shall not be liable for any:
(a) indirect, incidental, special, punitive, or consequential losses or damages;
(b) loss of profits, revenue, business, contracts, opportunities, goodwill, or reputation;
(c) loss, corruption, or unauthorised access to data; or
(d) costs of substitute services,
even if the Company has been advised of the possibility of such losses.
8.4 External Events and Force Majeure
The Company shall not be liable for any delay, failure, or inability to perform arising from events beyond its reasonable control, including but not limited to traffic conditions, weather, mechanical failures, regulatory actions, border control processes, system failures, or third-party service disruptions.
8.5 Liability Cap
To the fullest extent permitted by law, the Company’s total aggregate liability to you for all claims arising out of or in connection with the Platform or Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by you to the Company for the relevant Service in the one (1) month immediately preceding the event giving rise to the claim.
8.6 Mandatory Law
Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law. Without prejudice to the foregoing, nothing in these Terms shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by the Company’s negligence; or
(b) property damage caused by the Company’s negligence,
which shall be limited to the extent permitted under applicable law and, where applicable, subject to the limits of coverage available under the Company’s insurance policies.
9. INDEMNITY
9.1 User Indemnity
You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, affiliates, and agents from and against all claims, demands, actions, proceedings, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your use of the Platform or Services;
(b) your breach of these Terms;
(c) your violation of any applicable laws or regulations;
(d) any inaccurate, misleading, or incomplete information provided by you;
(e) your conduct in connection with any Service, including interactions with Third-Party Service Providers or other Users; and
(f) your failure to comply with any cross-border, immigration, or regulatory requirements.
9.2 Third-Party Claims
You shall indemnify the Company against any claims brought by Third-Party Service Providers, regulators, or other third parties arising from your acts or omissions, including but not limited to damage to property, personal injury, or unlawful conduct.
9.3 Survival
The obligations under this Section shall survive the termination or expiry of these Terms and your use of the Platform.
10. SUSPENSION AND TERMINATION
10.1 Right to Suspend or Restrict Access
The Company reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or limit your access to the Platform or any part of the Services where:
(a) you are in breach of these Terms or any applicable Service-Specific Terms;
(b) your use of the Platform is suspected to be fraudulent, unlawful, abusive, or harmful to the Company, other Users, or Third-Party Service Providers;
(c) such action is necessary to protect the integrity, security, or operation of the Platform; or
(d) such action is required to comply with applicable laws, regulations, or directions from authorities.
10.2 Termination by the Company
The Company may, at its sole discretion, terminate your Account and access to the Platform at any time, with or without notice, where it reasonably considers such termination necessary, including for the reasons set out in Clause 10.1.
10.3 Termination by You
You may terminate your Account at any time by following the procedures made available on the Platform or by contacting the Company.
10.4 Effect of Suspension or Termination
Upon suspension or termination:
(a) your right to access and use the Platform shall immediately cease;
(b) any outstanding payments, fees, or obligations shall remain due and payable;
(c) the Company may cancel or refuse any pending or future bookings;
(d) the Company shall not be liable for any loss or damage arising from such suspension or termination; and
(e) the Company reserves the right to retain or remove any data associated with your Account in accordance with its policies and applicable laws.
10.5 Survival of Terms
Any provisions of these Terms which by their nature are intended to survive termination, including but not limited to payment obligations, disclaimers, limitation of liability, and indemnity, shall continue in full force and effect.
11. INTELLECTUAL PROPERTY
11.1 Ownership
All rights, title, and interest in and to the Platform and its contents, including but not limited to all software, source code, object code, databases, text, graphics, logos, trademarks, service marks, designs, user interfaces, audio-visual materials, and other content (collectively, the “Intellectual Property”), are owned by or licensed to the Company and are protected by applicable intellectual property laws.
11.2 Limited Licence
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your personal, non-commercial use and for the purpose of accessing the Services.
11.3 Restrictions
You shall not, and shall not permit any third party to:
(a) copy, reproduce, distribute, modify, adapt, translate, or create derivative works from any part of the Platform or Intellectual Property;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform;
(c) remove, alter, or obscure any copyright, trademark, or proprietary notices;
(d) use the Platform or Intellectual Property for any commercial purpose without the Company’s prior written consent; or
(e) exploit the Platform in any manner that may infringe the Company’s rights or those of its licensors.
11.4 Trademarks
All trademarks, service marks, logos, and branding displayed on the Platform are the property of the Company or its licensors. Nothing in these Terms shall be construed as granting any right or licence to use such trademarks without the Company’s prior written consent.
11.5 User Content
To the extent that you submit, upload, or transmit any content through the Platform (“User Content”), you grant the Company a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, adapt, publish, and display such User Content for the purposes of operating, improving, and promoting the Platform and Services.
You represent and warrant that you have the necessary rights to grant such licence and that your User Content does not infringe any third-party rights.
11.6 Reservation of Rights
The Company reserves all rights not expressly granted under these Terms.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Malaysia.
12.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or in connection with these Terms, the Platform, or the Services shall first be resolved amicably through good faith negotiations between the parties.
12.3 Jurisdiction
If the dispute cannot be resolved amicably within a reasonable period, such dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia.
13. GENERAL PROVISIONS
13.1 Amendment
The Company reserves the right to amend, update, or revise these Terms at any time at its sole discretion, including to reflect changes in legal, regulatory, operational, or business requirements. Any such amendments shall take effect upon publication on the Platform or through such other means of notification as the Company may determine. Your continued access to or use of the Platform after such amendments constitutes your acknowledgement and acceptance of the revised Terms.
13.2 Entire Agreement
These Terms, together with any applicable Service-Specific Terms and policies referenced herein, constitute the entire agreement between you and the Company in relation to your use of the Platform and Services.
13.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
13.3 Waiver
No failure or delay by the Company in exercising any right, power, or remedy shall operate as a waiver of such right, nor shall any single or partial exercise preclude further exercise of that or any other right.
13.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer its rights and obligations without restriction.
13.5 Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, civil unrest, governmental actions, system failures, or disruptions in telecommunications or transport infrastructure.
13.6 Notices
The Company may provide notices to you via the Platform, email, or other contact details provided by you. Such notices shall be deemed received when sent or published.
13.7 Language
In the event of any inconsistency between different language versions of these Terms, the English version shall prevail.
14. CUSTOMER SUPPORT
For assistance relating to the Platform or Services (including bookings, payments, and cancellations), you may contact the Company at cs@kummute.com.my or via in-app support or such other channels as may be made available. The Company will use reasonable efforts to respond within a reasonable timeframe and to assist in resolving issues; however, where Services are provided by Third-Party Service Providers, the Company may have limited control over the outcome of such matters.
KumCharter Service-Specific Terms
These KumCharter Service-Specific Terms (“KumCharter Terms”) apply to your access to and use of the chartered transportation services (“KumCharter Services”) made available through the Platform.
These KumCharter Terms shall be read together with the Terms of Use. In the event of any inconsistency, these KumCharter Terms shall prevail to the extent of such inconsistency.
1. Nature of KumCharter Services
KumCharter Services comprise pre-arranged, chartered transportation services for purposes including corporate transport, events, roadshows, airport transfers, and other ad-hoc travel requirements.
KumCharter Services involve the provision of a vehicle and driver for your exclusive or designated use for a specified duration, itinerary, or assignment.
Services may be provided by the Company and/or Third-Party Service Providers, depending on operational requirements. All bookings are subject to availability, vehicle allocation, and operational constraints.
2. Booking, Confirmation, Deposit and Service Agreement
A booking request shall only be deemed confirmed upon acceptance by the Company and confirmation of vehicle availability for the requested date, time, and duration.
You shall be responsible for providing complete, accurate, and up-to-date booking information, including but not limited to:
(a) pick-up and drop-off locations;
(b) timing, duration, and scheduling requirements;
(c) itinerary details, event specifications, or service requirements; and
(d) the number of passengers and any special arrangements.
The Company shall be entitled to rely on the information provided by you and shall not be responsible or liable for any delay, disruption, failure in performance, or additional costs arising from or in connection with any incomplete, inaccurate, or misleading information provided.
The Company reserves the right to require a deposit or advance payment as a condition for confirming any KumCharter booking. Such deposit may constitute a specified percentage of the total fare or a fixed amount, as communicated at the time of booking, and may be applied towards the total fare payable.
Unless otherwise stated, any deposit paid shall be non-refundable, except where cancellation occurs in accordance with the applicable cancellation policy or as otherwise determined by the Company.
The Company reserves the right to require you to enter into a separate service agreement, booking confirmation, or written contract in respect of any KumCharter booking, particularly for corporate, event-based, or customised services. Where such agreement is required, the provision of KumCharter Services shall be subject to the terms set out therein, and in the event of any inconsistency, such terms shall prevail.
The Company may decline to commence or continue the Services where the required deposit or agreement has not been duly provided or executed.
3. Charter Duration and Scope of Use
KumCharter Services shall be provided strictly in accordance with the duration, scope, and/or itinerary agreed at the time of booking and confirmed by the Company (“Charter Period”).
You acknowledge and agree that the Charter Period shall commence at the scheduled pick-up time (or the time the vehicle is made available at the designated location, whichever is earlier) and shall continue until the expiry of the agreed duration or completion of the agreed itinerary, unless otherwise terminated in accordance with these Terms.
The vehicle and driver shall be used solely for the purposes specified in the booking and in compliance with all applicable laws and regulations.
Any extension of the Charter Period, additional stops, changes to the itinerary, or use of the vehicle beyond the agreed scope shall be subject to availability and may result in additional charges at the Company’s prevailing rates.
4. Itinerary, Scheduling and Airport Transfers
You may provide an itinerary, schedule, or service requirements for the purposes of the KumCharter Services. The Company shall use reasonable efforts to accommodate such itinerary; however, all routes, schedules, and travel arrangements remain subject to traffic conditions, road conditions, event requirements, airport operations, regulatory constraints, safety considerations, and other operational factors.
You acknowledge and agree that the Company does not guarantee adherence to any specific route, schedule, or timing, and that variations or adjustments may be necessary while providing the Services.
For airport transfer services, you shall be responsible for providing accurate and complete flight details, including flight number, arrival or departure times, and any updates. The Company shall not be responsible or liable for any delay, disruption, or failure arising from inaccurate flight information, flight delays, cancellations, immigration clearance, baggage handling delays, or other airport-related factors beyond the Company’s reasonable control.
Any material changes to the itinerary, schedule, or service requirements requested by you after booking confirmation shall be subject to availability and may result in additional charges.
5. Waiting Time and Overtime
Waiting time shall be included only to the extent expressly specified in the booking confirmation.
Where the KumCharter Services involve events, roadshows, multi-stop itineraries, or scheduled stand-by arrangements, waiting time may be incurred between trips or service segments.
You acknowledge and agree that any waiting time beyond the agreed allowance, any delays attributable to you or your passengers, and any extension of the Charter Period shall be subject to additional waiting time and/or overtime charges at the Company’s prevailing rates.
For the avoidance of doubt, delays caused by late arrival, failure to adhere to the agreed schedule, changes to the itinerary, or other circumstances attributable to you shall not extend the Charter Period without the imposition of additional charges.
Where applicable, waiting time and overtime charges shall be calculated on a time basis (including any part thereof) and may be added to the total amount payable.
6. Cancellations and Refunds
Cancellations of KumCharter Services, eligibility for refunds, and applicable charges shall be governed by the Company’s cancellation and refund policies, as may be updated from time to time.
Without limitation, and subject to such policies:
(a) where a booking is cancelled more than forty-eight (48) hours to the scheduled commencement of the Charter Period, you may be entitled to a full or partial refund, subject to any applicable administrative or processing fees;
(b) where a booking is cancelled within forty-eight (48) hours prior to the scheduled commencement of the Charter Period, such cancellation may be non-refundable;
(c) where a vehicle has been allocated, reserved, or dispatched for your booking, cancellation may result in full or partial forfeiture of the fare, regardless of timing; and
(d) failure to utilise the KumCharter Services as scheduled may be treated as a no-show, in which case the booking may be deemed completed and the full fare may be charged without refund.
The Company reserves the right to determine refund eligibility, applicable charges, and any exceptions in accordance with its policies and the circumstances of each case.
7. Passenger Conduct and Use of Vehicle
You shall ensure that you and all passengers under your booking comply with all applicable laws and regulations and conduct yourselves in a lawful, orderly, and responsible manner at all times during the provision of KumCharter Services.
Without limitation, you shall not, and shall ensure that passengers do not:
(a) engage in any conduct that is unsafe, unlawful, abusive, disruptive, or inappropriate;
(b) interfere with the operation of the vehicle or the driver’s performance of the Services;
(c) consume or carry any prohibited or illegal items; or
(d) use the vehicle for any unlawful or unauthorised purpose.
You shall be responsible for the acts and omissions of all passengers under your booking.
You shall further be liable for any loss, damage, costs, or expenses arising from the use of the vehicle, including but not limited to damage, excessive soiling, cleaning costs, and any loss of use or income.
The Company and/or the driver reserves the right to refuse, suspend, or terminate the Services where it is reasonably necessary for safety, legal, or operational reasons, including in the event of a breach of this Clause.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any loss, damage, or inconvenience arising from such refusal, suspension, or termination.
8. Additional Charges
In addition to the agreed fare, you shall be responsible for any additional charges incurred in connection with the provision of KumCharter Services, including but not limited to:
(a) toll charges;
(b) parking fees;
(c) entry fees, permits, or access charges (including for events or restricted areas);
(d) waiting time and overtime charges;
(e) additional stops, deviations, or itinerary changes; and
(f) any costs, penalties, or expenses arising from delays, non-compliance, or circumstances attributable to you or your passengers.
All such additional charges shall be payable by you and may be invoiced separately or added to the total amount payable for the Services.
9. Service Limitations
You acknowledge and agree that KumCharter Services are subject to operational, regulatory, and external factors beyond the Company’s reasonable control.
Without limitation, the Company does not represent, warrant, or guarantee:
(a) adherence to any specific schedule, timing, or travel duration;
(b) uninterrupted or continuous availability of the Services; or
(c) the availability of any specific vehicle type, driver, or service configuration beyond that confirmed at the time of booking.
The Company shall not be responsible or liable for any delay, disruption, variation, or failure in the provision of KumCharter Services arising from or in connection with traffic conditions, road closures, event-related constraints, regulatory requirements, weather conditions, or any other circumstances beyond the Company’s reasonable control.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any loss, damage, or inconvenience arising from such factors.
10. Other Conditions
(a) The provision of KumCharter Services shall at all times be subject to applicable laws and regulations relating to driver working hours, rest periods, and safety requirements. The Company reserves the right to suspend, modify, or reassign drivers where necessary to ensure compliance with such requirements.
(b) You shall ensure that the number of passengers does not exceed the permitted seating capacity of the vehicle at any time. The Company reserves the right to refuse or terminate the Service where such limits are exceeded.
(c) You shall ensure that any luggage, equipment, or items transported are suitable for the vehicle and comply with applicable laws. The Company shall not be responsible for any loss, damage, delay, or inability to transport such items.
(d) Any branding, advertising, or modification to the vehicle shall require the Company’s prior written approval and may be subject to additional charges and conditions.
(e) Where the vehicle is placed on standby at your request, such time shall be deemed part of the Charter Period.
(f) Where invoicing is permitted, payment shall be made within the specified period. The Company reserves the right to suspend Services or impose late payment charges for overdue amounts.
(g) The Company reserves the right to substitute vehicles where necessary due to operational or safety requirements.
(h) Any amendment to the agreed scope of Services, including but not limited to changes to the duration, itinerary, pick-up or drop-off locations, or service requirements, shall be subject to availability and shall result in additional charges at the Company’s prevailing rates.
Kumpool Service-Specific Terms
These Kumpool Service-Specific Terms (“Kumpool Terms”) apply to your access to and use of the bus-on-demand, shared transportation services (“Kumpool Services”) made available through the Platform.
These Kumpool Terms shall be read together with the Terms of Use. In the event of any inconsistency between these Kumpool Terms and the Terms of Use, these Kumpool Terms shall prevail to the extent of such inconsistency.
1. Nature of Kumpool Services
Kumpool is a bus-on-demand, shared mobility service operating within designated service zones, whereby transportation is provided using higher-capacity vehicles and routes are dynamically optimised based on passenger demand and operational requirements.
All bookings for Kumpool Services are subject to availability and may be affected by factors including, but not limited to, vehicle capacity, demand levels, routing optimisation, and other operational constraints within the relevant service area. The Company does not guarantee the availability or timing of any Kumpool Service.
2. Shared Ride Acknowledgement
You acknowledge and agree that Kumpool Services are provided on a shared basis, and that:
(a) multiple passengers may be picked up and dropped off at different locations during the course of a single journey;
(b) routes, pick-up sequences, and drop-off sequences may be dynamically adjusted based on demand and operational considerations; and
(c) the journey may not follow the most direct or shortest route between your pick-up and drop-off locations.
You further acknowledge that such characteristics are inherent to the nature of shared mobility services and shall not constitute a breach of these Terms.
3. Routing and Travel Time
Any estimated pick-up times, travel durations, or arrival times provided through the Platform are indicative only and are not guaranteed. Such estimates may vary and are subject to factors including, but not limited to, passenger demand, routing optimisation, traffic conditions, road conditions, and other operational requirements.
You acknowledge and agree that Kumpool Services involve dynamically optimised routing, and that the route taken, as well as the sequence of pick-ups and drop-offs, may vary during the course of the journey.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any delays, deviations, or variations in routing or travel time arising from such factors.
4. Pick-Up and Waiting
Pick-up times for Kumpool Services are provided as estimated time windows and are not fixed or guaranteed. Such time windows may vary due to passenger demand, routing optimisation, traffic conditions, and other operational factors.
You are required to be present and ready at the designated pick-up location within the specified time window. The driver shall not be obliged to wait beyond a reasonable period at the pick-up point.
If you fail to be present at the designated pick-up location within the specified time window or reasonable waiting period, the driver may proceed without you, and the booking may be treated as a no-show, in which case the full fare may be charged and no refund shall be provided.
The Company shall not be responsible or liable for any missed pick-ups arising from your failure to comply with the above requirements.
5. Capacity and Seating
Kumpool Services are subject to vehicle capacity and seat availability at all times. The Company does not guarantee the availability of any seat unless a booking has been successfully confirmed through the Platform.
You acknowledge and agree that seating arrangements are not fixed and may be determined by the driver or the Company based on operational requirements, passenger allocation, and safety considerations.
The Company reserves the right to limit, refuse, or cancel bookings where capacity constraints arise or where it is necessary to ensure compliance with safety, regulatory, or operational requirements.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any inability to accommodate additional passengers beyond confirmed bookings or for any inconvenience arising from capacity limitations.
Standing passengers are not permitted unless required or permitted under applicable laws and regulations.
6. Cancellations and No-Shows
Cancellations of bookings, eligibility for refunds, and the treatment of no-shows in respect of Kumpool Services shall be governed by the Company’s applicable cancellation and refund policies, as may be updated from time to time.
Without limitation, and subject to such policies:
(a) cancellations made within a specified period prior to the estimated pick-up time may be non-refundable;
(b) your failure to be present at the designated pick-up location within the specified time window or reasonable waiting period may be treated as a no-show, in which case the booking may be deemed completed and the full fare may be charged without refund; and
(c) repeated cancellations or no-shows may result in suspension or restriction of your access to the Platform.
The Company reserves the right to determine refund eligibility in accordance with its policies and the circumstances of each case.
7. Conduct
You agree to use Kumpool Services in a lawful, respectful, and responsible manner, and to comply with all applicable laws and regulations.
Without limitation, you shall not:
(a) engage in any conduct that is unsafe, disruptive, abusive, or inappropriate towards the driver or other passengers;
(b) interfere with the operation of the vehicle or the provision of the Service; or
(c) cause delay, obstruction, or inconvenience to other passengers or the driver.
The Company and/or the driver reserves the right to refuse, suspend, or terminate the Service at any time where you are in breach of this Clause or where such action is reasonably necessary for safety or operational reasons.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any loss, damage, or inconvenience arising from such refusal, suspension, or termination.
8. Service Limitations
You acknowledge and agree that Kumpool Services are subject to operational, demand-based, and external constraints beyond the Company’s reasonable control.
Without limitation, the Company does not represent, warrant, or guarantee:
(a) specific pick-up times, travel durations, or arrival times;
(b) direct or uninterrupted routes between pick-up and drop-off locations; or
(c) continuous or uninterrupted availability of Kumpool Services within any service area.
Unless otherwise expressly permitted under the Company’s policies, Kumride Services are not intended for minors. Any person below the age of eighteen (18) must be accompanied by a parent, legal guardian, or an authorised adult at all times during the use of the Services. The Company reserves the right to refuse or terminate the Service where a minor is unaccompanied.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any delay, disruption, variation, or failure in the provision of Kumpool Services arising from such constraints or factors.
Kumride Service-Specific Terms
These Kumride Service-Specific Terms (“Kumride Terms”) apply to your access to and use of the e-hailing transportation services (“Kumride Services”) made available through the Platform.
These Kumride Terms shall be read together with the Terms of Use. In the event of any inconsistency between these Kumride Terms and the Terms of Use, these Kumride Terms shall prevail to the extent of such inconsistency.
1. Nature of Kumride Services
Kumride is an e-hailing service providing point-to-point transportation using vehicles such as sedans, multi-purpose vehicles (MPVs), and vans.
Kumride Services may be provided either by the Company, using vehicles owned, leased, operated, or otherwise arranged by the Company, and/or by independent Third-Party Service Providers, depending on the nature of the booking, location, availability, and operational requirements.
All bookings for Kumride Services are subject to availability and may be affected by factors including, but not limited to, driver availability, vehicle allocation, traffic conditions, and other operational constraints. The Company does not guarantee the availability or timing of any Kumride Service.
The Platform may enable users to provide ratings and feedback. The Company reserves the right to use such information for service improvement and quality control.
2. Booking and Service Provision
You may request Kumride Services through the Platform; however, a booking shall only be deemed confirmed upon acceptance of the request and successful assignment of a driver.
The Company does not represent, warrant, or guarantee the availability of any driver or the acceptance of any booking request, and reserves the right to decline or cancel any request where necessary due to operational, safety, regulatory, or other considerations.
3. Routing and Travel Time
Any estimated pick-up times, travel durations, or arrival times provided through the Platform are indicative only and are not guaranteed. Such estimates may vary and are subject to factors including, but not limited to, traffic conditions, road conditions, weather, regulatory requirements, and other operational considerations.
You acknowledge and agree that the route taken during the provision of Kumride Services may vary from any estimated or suggested route due to such factors, as well as driver discretion exercised in the interest of safety, efficiency, or operational requirements.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any delays, deviations, or variations in routing or travel time arising from or in connection with such factors.
4. Pick-Up and Waiting
You are required to be present and ready at the designated pick-up location at the agreed or estimated pick-up time.
The driver may wait at the pick-up location for a reasonable period. If you fail to be present within such period, the driver may proceed without you, and the booking may be treated as a no-show, in which case the full fare may be charged without refund.
Without prejudice to the foregoing, waiting time charges may apply where the driver is required to wait beyond a specified period, at such rates as may be determined by the Company and communicated through the Platform.
The Company shall not be responsible or liable for any missed pick-ups or delays arising from your failure to be present at the designated pick-up location.
5. Fares, Pricing and Charges
Fares for Kumride Services shall be determined based on factors including, but not limited to, distance, time, traffic conditions, demand levels, and applicable pricing mechanisms.
You acknowledge and agree that fares may vary and may increase during periods of high demand or limited availability (“surge pricing”). The applicable fare shall be displayed through the Platform prior to confirmation of the booking.
You shall be responsible for any applicable tolls, surcharges, parking fees, waiting time charges, and any other additional charges incurred during the journey, all of which may be added to the total fare payable.
6. Cancellations and No-Shows
Cancellations of bookings, eligibility for refunds, and the treatment of no-shows in respect of Kumride Services shall be governed by the Company’s applicable cancellation and refund policies, as may be updated from time to time.
Without limitation, and subject to such policies:
(a) where a booking is cancelled more than twelve (12) hours prior to the estimated pick-up time, you shall be entitled to a full refund, subject to any applicable administrative or processing fees;
(b) where a booking is cancelled within twelve (12) hours prior to the estimated pick-up time, such cancellation shall be non-refundable;
(b) once a driver has been assigned, cancellation may result in the imposition of a cancellation fee or the full fare being charged, as applicable; and
(c) your failure to be present at the designated pick-up location within ten (10) minutes of waiting period may be treated as a no-show, in which case the booking may be deemed completed and the full fare may be charged without refund.
The Company reserves the right to determine refund eligibility, cancellation fees, and any applicable charges in accordance with its policies and the circumstances of each case.
6. Conduct
You agree to use Kumride Services in a lawful, respectful, and responsible manner, and to comply with all applicable laws and regulations. Any communication between you and the driver shall be limited to purposes relating to the booking. You shall not misuse contact details for any unrelated or unlawful purpose.
Without limitation, you shall not:
(a) engage in any conduct that is unsafe, unlawful, abusive, disruptive, or inappropriate towards the driver or any other person;
(b) interfere with the operation of the vehicle or the provision of the Service; or
(c) cause delay, obstruction, or inconvenience to the driver or other road users.
The Company and/or the driver reserves the right to refuse, suspend, or terminate the Service at any time where you are in breach of this Clause or where such action is reasonably necessary for safety, legal, or operational reasons.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any loss, damage, or inconvenience arising from such refusal, suspension, or termination.
In the event of an emergency, you are advised to contact the relevant authorities. The Company does not guarantee immediate response or intervention.
You shall not solicit or engage drivers for services outside the Platform or make payments outside the Platform for any booking initiated through the Platform.
7. Service Limitations
You acknowledge and agree that Kumride Services are subject to operational, regulatory, and external factors beyond the Company’s reasonable control.
Without limitation, the Company does not represent, warrant, or guarantee:
(a) specific pick-up times, travel durations, or arrival times;
(b) uninterrupted or continuous availability of Kumride Services; or
(c) the availability of any specific vehicle type, driver, or service level.
Unless otherwise expressly permitted under the Company’s policies, Kumride Services are not intended for minors. Any person below the age of eighteen (18) must be accompanied by a parent, legal guardian, or an authorised adult at all times during the use of the Services. The Company reserves the right to refuse or terminate the Service where a minor is unaccompanied.
To the fullest extent permitted by applicable law, the Company shall not be responsible or liable for any delay, disruption, failure, or inability to provide Kumride Services arising from or in connection with such factors.
