Terms & Conditions

INTRODUCTION

  1. These Terms of Use and Kummute Policies represent a legally binding agreement between you and Kummute. Please read through the Terms carefully and you must agree to abide by these terms of service in order to use any of the services. Words spelled with initial capital letters are defined terms that, for your ease of reference will be explained further in the latter part of the terms and conditions.
  2. Your use of our website, Application, Platform, and Services shall be governed by these Terms and Conditions and you hereby agree that your use of the Sites, Application, Platform, and Services shall form your agreement to be bound by these Terms and Conditions.
  3. Kummute has the right to amend these Terms and Conditions from time to time as when necessary, and such amended Terms and Conditions shall take immediate effect once Kummute has posted the same on the Sites and the Platform and be binding on you.
  4. Your access and/or use of the website, Application, Platform, and Services shall be understood and automatically treated as an acknowledgment of and agree to be bound by any such amended or additional Terms and Conditions.
 

 DEFINITIONS

  1. “Kummute” means Kumpool Sdn Bhd (1493722-P) in relation to Kumride and Kumpool;
  2. “Kumpool” means an on-demand, same-day, and/or scheduled bus booking services under Kummute;
  3. “Kumride” is an e-haling bus booking service under Kummute. It works by gathering passengers’ bookings in real-time and then traveling a route based on everyone’s pick-up and drop-off stops;
  4. User(s) means an individual or business entity who uses the Service provided by Kummute either via Application and/or Platform;
  5. “Application” means the mobile application(s) made available for download by Kummute to the User and Driver respectively;
  6. “Software” means the software associated with the Application which is made available for download by Kummute;
  7. “Platform” means the portal or website that made by Kummute that enables User to request or access Services;
  8. “Service(s)” means the following transportation and/or logistics services that are made available to Users:
    • Kumpool
    • Kumride
  9. “End User(s)” refers to the recipient of Kummute Delivery service;
  10. “E-Money Account” means a payment account that stores money electronically in exchange for money paid to the service provider;
  11. “E-Wallet” means a payment account that displays and stores a driver’s income electronically;
  12. “Driver(s)” means an individual who carries out the transportation and/or logistics assignment for Kummute;
  13. “Order Taker” refers to a team that accepts and assigns the delivery request to the End User. They act as Kummute’s customer service representatives;
  14. “Affiliate” means with respect to any entity, any other entity controlling, controlled by, or under common control with such entity. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise;
  15. “Intellectual Property Rights” means all intellectual property rights, including but not limited to rights to patents, rights in circuit layouts, trademarks, service marks, trade names, registered designs, copyrights, and other forms of intellectual property or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets and confidential information, and  any other protected rights and assets and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period
    thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.
 

 GENERAL TERMS

  1. All information provided by you shall be true and accurate;
  2. You will use the website, Application, Platform, and Services for their intended use and lawful purposes;
  3. You shall not lease, rent, sublicense, distribute or transfer copies of the Platform or the license of use of the Platform to any third parties;
  4. You will keep any of your identification including the account password we provided to you confidential and secure;
  5. You will not try to harm websites, Applications, Platforms, and Services in any way;
  6. You will provide us with the necessary documents such as proof of identity, permits, licenses, or other approval whenever we may request or require from you;
  7. You will not use the Application and/or Software for sending any unlawful material or fraudulent proposes;
  8. You agree to comply with all laws that are applicable to you and/or use of the Service while using the Service. Without permission from Kummute, you shall not copy, counterfeit, or distribute the Software;
  9. You shall always maintain and update your information in a timely matter and make sure they are accurate and complete as Kummute may rely on this information;
  10. You shall not contact the Driver other than in connection with the Service;
  11. You will not use the Application, Platform, and/or Software to make fake bookings;
  12. You shall not intentionally or unintentionally cause any damage to the vehicle.

 

ADDITIONAL TERMS

Kummute RideFor User:

      1. The booking must be made through the official mobile Application Kummute App.
      2. The Operating hours may be changed from time to time due to unforeseen circumstances (such as pandemics) and other Government rulings etc.
      3. The coverage of Kumpool and Kumride is updated on its Online Portal, you must be within the service coverage area to book a ride.
      4. In-app registration is required in order to make a booking, you are required to provide your full name and phone number during the registration.
      5. Group booking is allowed, you can book a ride for up to a maximum of 5 people in a single booking on the same device.
      6. The fare is calculated based on the travelling distance and the number of passengers in a single booking.
      7. You can only select 1 pick-up and 1 drop-off point for each booking. If you need to book a Kummute ride with multiple pick-up or drop-off points at the same time, you should get your bookings done on separate devices.
      8. You understand and agree that pick-up and drop-off stops are fixed as indicated in the app. You can book anywhere. However, you need to be at the pick-up stops to board the vehicle and you are not allowed to get off at a stop that is not what you have booked.
      9. You understand and agree that each User is entitled to one seat. You can take the seat as long as it is empty;
      10. You agree to indicate the accurate number of passenger(s) while requesting the Service. Kummute has the right to cancel the booking or denied your boarding if the number of passengers is untrue or inaccurate.
      11. You are required to be ready at their pick-up stop 5-10 minutes before the estimated arrival time of their vehicles. You will have to make a new booking if you miss your vehicle.
      12. You are not allowed to board the vehicle without a prior booking.
      13. You are not allowed to change the pick-up or/and drop-off stops after the booking has been confirmed. You must cancel the existing booking and make a new one in order to change the pick-up or drop-off stop.
      14. You understand and agree that No-show or cancellation will negatively affect the trip of all passengers. Kummute reserve the right to permanently withhold service from any User who repeatedly cancels or does not show up.
      15. You must scan the ticket by placing the QR code under the machine while boarding the vehicle. This proves that you have used your ticket.
      16. You are required to scan the ticket when boarding only;
      17. You understand and agree that Kummute works by gathering passengers’ bookings in real-time. It optimizes to include as many passengers as possible travelling in the same direction. This may cause stops to be not in sequence.
      18. You understand and agree that Kummute only accepts cash as payment.
      19. You understand and agree that Kummute only offers one pricing for all passengers.
      20. You understand and agree that no change will be provided, it is your responsibility to prepare the exact fare when boarding the vehicle.
      21. You understand and agree that the arrival time shown in the app is an estimate and may vary subject to traffic conditions.
      22. You understand and agree that eating, smoking and bringing pets on vehicles are prohibited.
      23. You understand and agree that each User is allowed to occupy a maximum of one (1) seat only.
      24. You shall be responsible for the cost of cleaning and/or repairing the vehicle if you misuse the Service.
      25. You are allowed to carry onboard one (1) piece of bag/baggage. The item must not exceed the dimensions of 56cm (H) X 36cm (W) X 23cm (D) and with a weight limit of 7kg.

For Driver:

    1. You understand and agree that you are only allowed to pick up and drop off Users at the designated stops according to the instruction of the system. You are not allowed to stop at places other than the designated stops.
    2. You understand and agree it is your responsibility to ensure each User is scanning the QR code ticket while boarding the vehicle.
    3. You understand and agree it is your responsibility to ensure each User is paying sufficient fare. In the case of income shortages, Kummute has the right to do a shortage claim from you.
    4. You understand and agree it is your responsibility to ensure Users are not eating, smoking and bringing pets on board.
 
  1. Kummute Shuttle Ticketing:
      1. Photo, videos, and other digital artworks generated for each campaigns and/ or promotions is a copyright owned by KUMMUTE. Promotional packages and rates may be combined with other products and services including its agents and partners. Any promotional packages conducted by KUMMUTE is subject to change without prior notice.
      2. Expired validity date for ticket is not allowed for replacement. Customer must consume it based on their purchased requirements. Ensure that ticket category (with MyKad/Child/Adult) is correct at the point of purchase. Any alteration or mutilation on the ticket shall be rendered null and void.
      3. Refund and exchange of purchased ticket is not allowed. The Company is not responsible to refund any unused purchased tickets due to unforeseen circumstances such as flood, earthquakes, bad weather, or personal matters or any happenings beyond the Management’s Control.
      4. Currency Exchange rate is subject to change at any time without prior notice. The Company reserves the right to cancel, change and/or refund all bookings or reservations made; any decision made by the Company in this regard is considered final and binding.
      5. These terms and conditions may be changed from time to time without advance notice.
 

USER ACCOUNT

  1. Users shall always secure their login details including but not limited to login ID and password that are in relation to the Platform and the Services and should not disclose them to any third party.
  2. Kummute shall assume all bookings made through your mobile device/account will either be you or someone authorized by you.

 

KUMMUTE OBLIGATIONS

Kummute 

    1. Kummute shall ensure the cleanliness of the vehicle and each User has their own seat.
    2. Kummute shall ensure each User has occupied a maximum of one (1) seat only.
    3. Kummute shall have the right to cancel the booking, denied the boarding or remove the User if the User is abusive, forceful, and harmful which may affect the security of the service provider.
    4. Kummute shall have the right to cancel the booking, denied the boarding or remove the User if the User is boarding the vehicle with too many items or carrying items that are beyond the weight limits set.

 

PROMOTIONS

  1. The Users shall allow Kummute to put any Marketing collaterals at their premise(s) that is related to the services offered by Kummute.
  2. Any marketing collaterals made by the User shall be submitted to Kummute for approval.
  3. Kummute has the right to demand to remove any marketing collaterals or any advertisements (socials media/ TV Adverts/ Print/ broadcast) from the User if those items/ messages are against the standard of Kummute.

 

PAYMENTS

  1. Kummute Ride
    1. All payments shall be made in cash only and put into the farebox/cash box instead of the driver.
    2. No change will be provided, Users shall prepare the fare in exact amount when boarding the vehicle.
    3. Tickets sold are not exchangeable, returnable nor refundable.
    4. Kummute has the absolute right to revise the rates, charges and/or fees without giving prior notice to you and the revised rates, charges and/or fees shall be binding onto you upon revision of the same.

 

RIGHTS OF THIRD PARTY

  1. A person who is not a party to the agreement between Kummute and the User has no right under any rights of third parties legislation to enforce any term and condition of Kummute.

 

CANCELATIONS

  1. Notwithstanding any other provisions of the agreement between Kummute and the User, Kummute shall have the right to cancel individual bookings without any liabilities whatsoever if the User breaches any essential provisions of this terms and conditions and/ or commits any defaults, including but not limited to any issues with the quality and/ or quantity of the goods, the wrong goods are prepared by the User, the presence of defects in the goods or any delay in making the goods available and ready for pick-up and delivery, any serious complaints made by the End User.
  2. In the event of a cancellation pursuant to Clause 11.1, the User will be liable for all disadvantages (including any loss and damage) suffered by Kummute arising from the cancellation.
  3. In the event if the User cancels the sale of the goods at any point prior to delivery, Kummute shall be entitled to claim a compensation equal to the sale price of the cancelled goods and/ or the full delivery fees at its absolute discretion, without prejudice the other rights of Kummute.

 

TAXES, FEES AND DUTIES

  1. The User agrees to bear any amount equal to any duties, levies or taxes, however designated or levied by any competent authority/ agency/ body, relating to any amount payable by the User to Kummute in accordance with the agreement between two parties.

 

SUB-CONTRACTING AND ASSIGNING

  1. The User shall not sub-contract or assign the whole or any part of both parties’ Agreement without the written consent of Kummute. The User shall be fully responsible for all acts or omissions of any sub-users or assignees and the acts or omissions of any such third parties shall be deemed to be the acts or omissions of the User.
  2. Kummute may assign or novate its Agreement to the User or any part thereof to its affiliated companies or any third party. The User hereby gives its consent to any future assignment, novation, or transfer of both parties’ agreement initiated by Kummute.

 

TERMINATION

  1. Kummute shall be entitled to rescind and immediately terminate its agreement with the User or cancel any part of the goods ordered by issuing written notice to the User with the following circumstances:
    1. if any declaration or submission made by the User regarding the goods offered is discovered to be false;
    2. if the User commits any breach of the warranties, terms and conditions in these terms and conditions or default in the performance of its express and/or implied obligations;
    3. any mortgagee, chargee or encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the User;
    4. the User makes any voluntary arrangement with its creditors or becomes subject to an administration;
    5. an order of court is made to wind up the User or to place it under judicial management or a resolution is passed by the board members of the User for its winding up or liquidation;
    6. any distress or execution is levied or enforced in relation to any of the assets of the User; or
    7. the User ceases to carry on business or becomes insolvent.
  2. Without prejudice to Kummute’s right to terminate under Clause 14.1 (b), if the User commits any breach of the warranties, terms and conditions in these terms and conditions or default in its performance of both parties’ Agreement, Kummute may in its absolute discretion issue a written notice of breach or default to the User informing the User of its breach or default. The User shall, within seven (7) days of the date of the notice of breach or default, remedy the breach or default to Kummute’s satisfaction or otherwise propose a solution that is accepted by Kummute in writing.
  3. Where the User elects to issue a written notice under Clause14.2 and the User fails to remedy the breach or default to Kummute’s satisfaction or otherwise propose an acceptable solution, the User shall be taken to have repudiated the Agreement and Kummute shall have the right to immediately terminate the Agreement or cancel any part of the goods ordered by the End User by way of a written notice of termination or cancellation as the case may be.
  4. For avoidance of doubt, the termination or cancellation of both parties’ Agreement shall take effect from the date of the written notice issued and Kummute shall not be liable to the User for any damages or compensation.
  5. Clauses 18, 19, 23 and 27 shall survive the expiration or termination of both parties’ Agreement.

 

FORCE MAJEURE

  1. “Force Majeure Event” means any circumstance not within a party’s reasonable control including, without
    limitation:
    1. acts of God, fire, flood, drought, earthquake or other natural disaster;
    2. epidemic or pandemic, whether it has been declared by the World Health Organisation;
    3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war,
      armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
    4. nuclear, chemical or biological contamination or sonic boom;
    5. any law or any action taken by a government or public authority, including without limitation
      imposing a nation-wide quarantine, an export or import restriction, quota or prohibition, or
      failing to grant a necessary license or consent;
    6. collapse of buildings, fire, explosion or accident;
    7. any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by
      the party seeking to rely on this clause, or companies in the same group as that party);
    8. interruption or failure of utility service; or
    9. any other similar events beyond the parties’ reasonable control which affects the general
      public.
  2. If a party is directly prevented, hindered or delayed in or from performing any of its obligations under
    both parties’ agreement by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in
    breach of the agreement between both parties or otherwise liable for any such failure or delay in the
    performance of such obligations, provided it has complied with Clause 15.4 and the failure or delay
    could not have been prevented by reasonable precautions. The time for performance of such obligations
    shall be extended accordingly.
  3. The corresponding obligations of the other party will be suspended, and it’s time for performance of
    such obligations extended, to the same extent as those of the Affected Party.
  4. The Affected Party shall:
    1. as soon as reasonably practicable after the start of the Force Majeure Event but no later than
      seven (7) days from its start, notify the other party in writing of the Force Majeure Event, the
      date on which it started, its likely or potential duration, and the effect of the Force Majeure
      Event on its ability to perform any of its obligations under the agreement; and
    2. use all reasonable endeavours to perform its obligations under both parties’ Agreement or to
      mitigate the effect of the Force Majeure Event on the performance of its obligations.
  5. If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its
    obligations for a continuous period of more than thirty (30) days, either party may terminate both
    parties’ agreement by giving seven (7) days’ written notice to the other party without being liable
    therefore in damages or compensation.

 

VARIATION OF AGREEMENT

  1. No variation of both parties’ Agreement shall be effective unless it is in writing and signed by the
    User and the authorised signatory of Kummute.

 

GOVERNMENT REGULATIONS

  1. The User shall, at its own costs, obtain and maintain all licenses, permits, authorizations or
    certifications required without any restrictions or qualifications whatsoever to enable the User to
    fulfil all its obligations under the agreement between two parties.
  2. The User shall ensure that it adheres to all government regulations throughout the duration of the
    agreement between Kummute and the User.

 

INDEMNIFICATION

  1. The User agrees to indemnify and keep indemnified Kummute, its subsidiaries and Affiliates and each of
    their employees, directors, officers and representatives from and against all claims, cost, damages,
    debt, expense, liability, loss, suit, action, demand, cause of action, proceeding or judgment of any
    kind which are made or brought against or suffered or incurred by Kummute and arise directly and/or
    indirectly out of or in connection with any act, omission, error or negligence of the User and breach of
    any of the terms and conditions herein by the User.
  2. In the event of Kummute (including its subsidiaries and affiliates and each of their employees,
    directors, officers and representatives) being held liable for damages arising out of any claim by any
    agent, workman or employee employed the User or any sub-contractors engaged by the User for the
    performance of both parties’ Agreement, the User shall indemnify Kummute against such claim and any
    related costs, charges and expenses incurred by Kummute, provided that the same is not caused by the
    gross negligence or willful default of Kummute, its employees or agents.
  3. Notwithstanding any other provision herein, it is agreed that neither Party shall be liable to the other
    Party for any loss of profit, goodwill, business opportunity, and anticipated savings or for any
    indirect or consequential loss or damage suffered or flowing from either Party.
  4. Kummute cannot guarantee that its Services will be free from any malfunctions, but will exercise all
    reasonable endeavour to resolve any such case.

 

CONFIDENTIALITY

  1. Except with the written consent of Kummute or where such information is publicly available, the User
    shall not disclose its agreement with Kummute or any of its provisions, or any information issued or
    furnished by or on behalf of Kummute in connection with its contract Agreement to any person.
  2. In addition, the User shall not make use of any information obtained directly or indirectly from Kummute
    or compiled or generated by the User in the course of its contract agreement which pertains to or is
    derived from such information, other than use for the purposes of its contract with Kummute, without a
    prior written consent of Kummute.
  3. The User shall not publish or release, nor shall it allow or suffer the publication or release of, any
    news item, article, publication, advertisement, prepared speech or any other information or material
    pertaining to any part of the obligations to be performed under its agreement in any media without a
    prior written consent of Kummute. For the avoidance of doubt, this restriction includes any citation
    that Kummute is or was a customer of the User.
  4. Where the User has access to or receives Personal Data (as defined at Clause 19.6) from Kummute:
    1. The User represents and warrants to Kummute that it shall at all times comply with the
      requirements of the Personal Data Protection Act of Malaysia 2010 (“PDPA”) in respect of the
      User’s collection (if applicable), use, processing, disclosure (if applicable), protection,
      retention and other handling of such Personal Data, and the User undertakes to continue to
      comply with the aforesaid requirements of the PDPA in respect of such Personal Data; and
    2. The User shall not transfer any such Personal Data outside Malaysia without express written
      consent from Kummute.
  5. To the extent that the User discloses Personal Data to Kummute, the User undertakes to Kummute that, by
    the time of such disclosure:
    1. the User will have obtained all the necessary consents from the relevant individuals to whom the
      Personal Data relates, for the disclosure of their Personal Data to for Kummute’s collection,
      use and/or disclosure for the purposes of both parties’ Agreement; and
    2. such consents have not been withdrawn.
  6. “Personal Data” means “any information in respect of commercial transactions, which
    1. is being processed wholly or partly by means of equipment operating automatically in response to
      instructions given for that purpose;
    2. is recorded with the intention that it should wholly or partly be processed by means of such
      equipment; or
    3. is recorded as part of a relevant filing system or with the intention that it should form part
      of a relevant filing system, that relates directly or indirectly to a data subject, who is
      identified or identifiable from that information or from that and other information in the
      possession of a data user, including any sensitive personal data and expression of opinion about
      the data subject; but does not include any information that is processed for the purpose of a
      credit reporting business carried on by a credit reporting agency under the Credit Reporting
      Agencies Act 2010;”

 

KUMMUTE’S REPRESENTATIVE

  1. Kummute shall appoint one or more persons to supervise and liaise with the User for the purposes of the
    signed Agreement between two parties. The representative(s) shall be as named by Kummute through written
    notifications.
  2. All instructions, directions, notices, consents, approvals or waivers that may be given at Kummute’s
    discretion under the Agreement between two parties shall not be binding on Kummute unless given in
    writing or under the hand of the representative(s).
  3. For the avoidance of doubt, the representative(s) cannot vary the Agreement between two parties, waive
    any provision of the Agreement or consent to any departure unless the representative(s) concerned are
    also authorized signatories of Kummute.

 

CUMULATIVE REMEDIES

  1. The provisions of the contract agreement between Kummute and the User and each of the rights and
    remedies of Kummute under both parties’ Agreement are cumulative and are without prejudice to one
    another and are in addition to any rights or remedies Kummute may have in law or in equity. No exercise
    by Kummute of any one right or remedy shall operate to hinder or prevent the exercise by it of any other
    right or remedy.

 

WAIVER

  1. No waiver of any provision of both parties’ Agreement nor consent to any departure by the User
    therefrom, shall in any event be of any force or effect unless the same shall be confirmed in writing,
    signed by the authorized signatory of Kummute, and then such waiver or departure shall be effective only
    to the extent for which it may be made or given. No failure or delay by Kummute to exercise any right or
    remedy provided under both party’s agreement or by law shall constitute a waiver of that or any other
    right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or
    remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further
    exercise of that or any other right or remedy.

 

WARRANTY AND REPRESENTATION

  1. Either Party warrants that each Party has entered into an agreement in full reliance of the following
    representations and warranties:
    1. Each Party has the capacity and power to enter into and perform and comply with their respective
      obligation under both parties’ Agreement;
    2. The Agreement of both parties is a valid and binding obligation and enforceable against each
      Party in accordance with the terms hereof;
    3. Each Party’s execution of and/or performance of or compliance with its obligations under the
      Agreement of both parties, do not and will not violate (i) any laws to which each Party is
      subject or (ii) any agreement to which each Party is a party or which is binding on each Party
      or each Party’s assets;
    4. Each Party is not in default of any agreement to which each Party is bound which may materially
      and adversely affect each Party financial condition or each Party ability to perform any
      obligations under both parties’ agreement nor are there any actions, proceedings, claims,
      investigations, litigation or arbitration pending or threatened against each Party which may
      have a similar or analogous effect; and
    5. Each Party complies and owns all mandatory licenses under each Party applicable law in its
      applicable jurisdiction and each person who represents and binds each Party to its Agreement is
      authorized to represent and to bind each Party.
  2. Either Party warrants that the representations and warranties in this Clause 23 shall continue to be
    true for so long as the agreement between two parties subsists, and each Party will bear the risk
    respectively and legally be processed if in the event the representation and warranties stated herein
    are proven to be incorrect or untrue. The Parties shall promptly notify each other in the event any of
    the aforementioned representations or warranties is incorrect or become untrue in any way or form.

 

SEVERABILITY

  1. Any provision of both party’s agreement that is void, illegal or otherwise unenforceable will be severed
    to the extent permitted by law without affecting the validity, legality or enforceability of any other
    provision stated on its their contract agreement.

 

NOTICES

  1. All notices or other communications required or permitted to be given or made in connection with the
    agreement between two parties shall be in writing in English and delivered electronically, personally or
    sent by registered post or courier to each party at the address set out in the Agreement or such other
    address as a party may substitute from time to time by giving notice to the other party in writing.

 

COMPLIANCE

  1. The User shall not offer, promise or provide to any employee of Kummute with any of the following: cash,
    commissions, kickbacks, favours, gratuities, entertainment or anything of value. The User understands
    and acknowledges that Kummute’s employees are similarly prohibited from soliciting or receiving any
    payments or favours from the User.
  2. This restriction extends to any business associates or family members of the User’s and Kummute’s
    employees, or with any other persons with whom the User has or Kummute’s employees have significant
    business or personal relationships in exchange for obtaining or retaining Kummute’s business.

 

INTELLECTUAL PROPERTY

  1. Each Party warrants that it is the legal licensee of all Intellectual Property Rights used under their
    Agreement and free from any infringement or violation of any third-party ownership or intellectual
    property rights and no other party will claim to have the same ownership of such Intellectual Property
    Rights.
  2. All reports, specifications, other similar documents compiled or prepared in the course of their
    Agreement, including documents, materials produced and any derivation of any Intellectual Property
    Rights granted by any Party, pursuant to Clause 27.1, shall be the absolute property of such Party
    throughout their preparation and at all times thereafter. For the avoidance of doubt, the Intellectual
    Property Rights subsisting in all reports, specifications and other similar documents set out in this
    clause shall at all times remain vested in the relevant Party.
  3. Each Party warrants that it will not use any other Party’s trademark for any marketing activities,
    including but not limited to promotional activities without prior written consent from the other Party
    and unless it is conducted based on both parties’ Agreement.

 

ENTIRE AGREEMENT

  1. Both parties’ agreement constitutes the entire agreement between the parties and supersedes and
    extinguishes all previous agreements, promises, assurances, warranties, representations and
    understandings between them, whether written or oral, relating to its subject matter.

 

APPLICABLE LAW

  1. The Agreement between Kummute and the User and all matters arising from or in connection with it, shall
    be governed by and construed in accordance with, the laws of Malaysia under the exclusion of the UN
    Convention on Contracts for the International Sale of Goods (CISG).
  2. The Parties hereby submit to the exclusive jurisdiction of the Malaysian courts.

 

AMENDMENT OF THIS TERMS AND CONDITIONS

  1. Kummute Delivery reserve the right to amend any of these Terms and Conditions without prior notice.
  2. Kummute will give notice on its amendment on these terms and conditions by posting the same at its own website.

 

PRIVACY POLICY

  1. This terms and conditions follows ACT 709 PERSONAL DATA PROTECTION ACT published June 15, 2016 http://bit.ly/PDP_Act_709_2016 in respect to the collection (if applicable), use, processing, disclosure (if applicable), protection, retention and other handling of such Personal Data.
  2. Any update related to the Privacy Policy related to this terms and condition shall be update and published at Kummute’s Website.