These Third-Party Service Provider Terms and Conditions (Terms) govern the listing, promotion, and connection of cross-border transport services between Malaysia and Singapore, whether from Malaysia to Singapore or from Singapore to Malaysia, performed by licensed transport providers using vehicles registered in Malaysia and holding valid cross-border permits issued by the Agensi Pengangkutan Awam Darat (APAD) (Services).

The Services may be provided by transport operators, drivers, fleets, associations, or companies (you or Third-Party Service Provider(s)) to individuals or entities booking or using such Services through the Platform (Users). The Services are facilitated via the Kummute mobile application and associated interfaces, tools, features, and services (Platform), which is operated in Malaysia by Kumpool Sdn. Bhd. (Registration No.: 1493722P / 202201048025) (Kumpool, we, us, or our).

By creating or maintaining a Third-Party Service Provider account, submitting any Content, or using the Platform to list or connect for Services, you represent and warrant that you agree to be legally bound by these Terms of Service and our Privacy Policy (available at https://www.kummute.com.my/privacy-policy/). If you do not agree, you must not access or use the Platform. We may update these Terms from time to time, and it is your responsibility to review them periodically. Your continued access to or use of the Platform after any update constitutes your acceptance of the updated Terms.

If you access or use the Platform as a driver on behalf of, for the benefit of, or in connection with any transportation company, the Taxi Association, fleet operator, or other entity (each, a Company)—including as an employee, member, contractor, agent, or representative—you represent and warrant that you are duly authorized to accept these Terms on behalf of the Company and to bind the Company to them. In such cases, your acceptance of these Terms constitutes the Company’s acceptance, and both you and the Company will be jointly and severally liable for all obligations, representations, warranties, and liabilities under these Terms arising from your use of the Platform and the provision of the Services.

1. Role and Relationship

1.1          The Platform displays, promotes, and facilitates connections between you and Users for the Services. Kumpool’s role is limited to providing the Platform as a neutral facilitator. Kumpool does not itself provide, operate, or manage any transportation or logistics services, does not employ or engage you or any Users, and is not a party to, nor responsible for, any contract, arrangement, or transaction between you and Users. All transportation and related services are provided solely by you as an independent Third-Party Service Provider, and you are solely responsible for compliance with all applicable licenses, permits, and regulations (including those issued by LTA and APAD).

1.2          You operate in your own name and right as an independent Third-Party Service Provider and are not engaged, employed, or contracted by Kumpool. Nothing in these Terms, nor your use of the Platform, creates or shall be deemed to create any employer–employee, agency, partnership, joint venture, franchise, fiduciary, contractor, or representative relationship between you and Kumpool. You have no authority, and must not hold yourself out as having authority, to bind, commit, or represent Kumpool in any manner or for any purpose.

1.3          You acknowledge and agree that Kumpool is a technology platform and does not provide, operate, or control the transportation or related Services. All Services are provided solely by you as the Third-Party Service Provider. To the maximum extent permitted by law, Kumpool disclaims all liability for, and shall not be responsible or held liable in respect of, any claims, demands, losses, damages, injuries, liabilities, fines, penalties, costs, expenses, or proceedings of any kind, whether by Users, passengers, third parties, regulators, or otherwise, arising out of or in connection with the Services provided by you.

2. Onboarding, Eligibility, and Compliance

2.1          You must provide complete, accurate, and up-to-date registration information, including (as applicable) your legal name, entity registration details, principal address, contact information, driver and vehicle details, bank/settlement details, and all required licenses, permits, and insurance. You are responsible for always keeping this information current.

2.2          Kumpool may at any time request know-your-customer (KYC), know-your-business (KYB), or equivalent information, driver identity verification, vehicle documents, route details, and evidence of compliance. You must promptly provide all requested information, and you authorise Kumpool to conduct such checks directly or through third parties.

2.3          You represent and warrant, on an ongoing basis, that you will comply with all applicable laws, regulations, permits, licences, and standards in Malaysia and Singapore in connection with the Services and your use of the Platform.

2.4          We may amend or update these Terms from time to time. Your continued access to or use of the Platform after any such amendment or update constitutes your acceptance of the revised Terms. You are responsible for regularly reviewing the current version of the Terms and ensuring your compliance with them.

2.5          You must comply with the Service Operating Procedure (SOP) set out in Schedule 1, as updated by Kumpool from time to time.

3. Content and IP (if applicable)

3.1          You are solely responsible for the accuracy, completeness, and legality of all the content you provide, including business information, route details, fares and surcharges (including cross-border fees, tolls, customs/immigration-related charges), schedules, vehicle/driver information, licenses, insurance details, logos, images, and any promotional claims (Content). The Content must be clear, truthful, non-misleading, and kept up to date. Mandatory notices and warnings must be included where required.

3.2          You warrant that you own or control all rights in the Content and that it does not infringe third-party rights. You grant Kumpool a worldwide, non-exclusive, royalty-free, sublicensable license to host, use, reproduce, adapt, translate, publish, display, distribute, index, and promote the Content on and in connection with the Platform and Kumpool’s marketing, for so long as your listings are available and for a reasonable archive period thereafter.

4. Your Obligations

4.1          You are solely responsible for providing the Services directly to Users who book through the Platform. You shall ensure that all Services are performed in a professional, safe, and lawful manner, and in compliance with all applicable laws and regulations in Malaysia and Singapore. The Platform is a technology-based marketplace and does not itself provide transportation services. All obligations relating to the Services rest solely with you.

4.2          You bear full responsibility for: (a) the safety, roadworthiness, and lawful capacity of vehicles; (b) professional conduct of drivers, including strict compliance with all applicable traffic and road safety laws in Malaysia and Singapore; (c) seatbelts, child safety, and accessibility accommodations where applicable; and (d) adopting reasonable routes and schedules.

4.3          You are solely responsible for obtaining, maintaining, and complying with all permits, licenses, approvals, consents, authorisations, registrations, and exemptions (Regulatory Approvals) required for the Services. You must carry, and produce on request, valid documentation including driver and vocational licenses (if applicable), vehicle registration, road tax and inspection certificates, insurance with cross-border endorsements, vehicle entry permits, and passports/visas. Copies or evidence of Regulatory Approvals must be furnished to Kumpool within five (5) business days of request, and immediately to any regulator or law enforcement agency upon lawful demand.

4.4          You are responsible for compliance with all immigration and customs requirements at checkpoints, including passport/visa validity, baggage controls, restricted items, road charges, tolls, and use of required devices or payment instruments.

4.5          Without limitation, you must comply with: (a) road transport, commercial vehicle, and passenger service regulations; (b) driver and vehicle licensing, vocational licensing (if applicable), road tax, inspection, and fitness standards; (c) health, safety, and accessibility obligations; (d) consumer protection, advertising, and pricing disclosure rules; and (e) data protection obligations relating to any personal data obtained via the Platform.

4.6          At your own cost, you will procure and maintain in full force all insurance required by law and prudent industry practice, including at a minimum: (a) comprehensive motor insurance with cross-border endorsements covering Malaysia and Singapore, including third-party liability; (b) passenger liability insurance with limits appropriate to vehicle capacity and legal requirements; and (c) public liability insurance. On request, you must promptly provide certificates of insurance, endorsements, and proof of premium payment, and notify Kumpool at least thirty (30) days prior to any cancellation, non-renewal, or material change.

4.7          You will monitor and promptly comply with all changes in law, regulatory guidance, and authority directives affecting the Services in Malaysia and Singapore, including temporary measures or checkpoint‑specific instructions. Kumpool has no obligation to notify you of changes in legal or regulatory requirements.

4.8          Kumpool may, at its sole discretion and without liability, suspend, restrict, or terminate your account registered on the Platform, or take any other protective or remedial measures it deems necessary, if: (a) Kumpool reasonably believes that you are in breach of this Section 4 or any applicable law; (b) any required Regulatory Approvals or insurance lapse, expire, are invalid, insufficient, or not promptly renewed; (c) you fail to provide information, evidence, or documentation requested under these Terms; or (d) your continued access to the Platform may pose a risk to Users, Kumpool, or the integrity of the Platform.

4.9          You remain solely responsible for all fines, penalties, assessments, vehicle detention, border refusals, passenger claims, and any other losses, liabilities, or consequences arising from your non-compliance. Suspension or termination under this clause is without prejudice to any other rights or remedies available to Kumpool under these Terms or at law.

4.10       You will indemnify, defend, and hold harmless Kumpool, its affiliates, and their directors, officers, employees, and agents from and against all claims, losses, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to your failure to obtain, maintain, or comply with any Regulatory Approvals, insurance, or legal requirements under this Section 4.

4.11       Any guidance, notices, or materials provided by Kumpool are general in nature, do not constitute legal advice, and do not relieve you of your obligations under this Section 4.

4.12       You are solely responsible for complying with any additional or amended requirements, obligations, or directives that may be introduced in the future by APAD, the Land Transport Authority of Singapore (LTA), or any other relevant governmental or regulatory authority.

5. Your Conduct

5.1          You must at all times: (a) keep vehicles clean, presentable, and comfortable for Users; (b) treat Users with courtesy, politeness, and respect, and must not harass, abuse, or intimidate any User; (c) not request or demand that Users pay any additional fares, surcharges, or payments other than those displayed on the Platform, except where expressly permitted under these Terms or under a written notice issued by Kumpool and published on the Platform or sent to your registered email; and (d) not engage in repeated or unreasonable booking cancellations.

5.2          You must not manipulate, abuse, or misuse the Platform, including by creating false bookings, engaging in fraudulent activity, or attempting to circumvent the Platform’s systems or processes.

5.3          Kumpool may, at its sole discretion and without liability, suspend, restrict, or terminate your account registered on the Platform, or take any other protective or remedial measures it deems necessary, if you breach this Section 5 or otherwise engage in conduct that may pose a risk to Users, Kumpool, or the integrity of the Platform. Suspension or termination under this clause is without prejudice to any other rights or remedies available to Kumpool under these Terms or at law.

6. Fares

6.1          You agree with the fares displayed on the Platform for the Services and you acknowledge that such fares shall apply to the Services. You further agree and acknowledge that there will be no contention from you regarding the fares once they are displayed on the Platform. Kumpool may revise or update the fares from time to time at its sole discretion, including reflecting market conditions, regulatory requirements, or operational considerations, and you agree and acknowledge that such revised fares shall apply once displayed on the Platform.

6.2          You authorize and consent to the display of such fares on the Platform for Users to view and book.

7. Payments and Platform Fee

7.1          Users will make payments for bookings directly through the Platform using the available payment methods (credit card, debit card, bank transfer, or e-wallets). Cash payments are not permitted.

7.2          All payments for bookings will be collected by us on your behalf and remitted to the Taxi Association with which you are affiliated to, after deduction of the Platform Fee. You hereby irrevocably authorise us to receive and process such payments and to remit the balance (after deduction of the Platform Fee) directly to the taxi association, namely “Persatuan Pemilik Pemandu Teksi Cab dan Kereta Sewa Majlis Bandaraya Johor Bahru dan ke Singapura”, or as amended from time to time (Taxi Association).

7.3          You acknowledge and agree that:

(a)    We are entitled to charge each User a fee for accessing and using the Platform to make bookings for the Services (Platform Fee). The Platform Fee may be included in or charged separately from the fare displayed on the Platform, and the amount or method of calculation of the Platform Fee may be determined and varied by us from time to time at our sole discretion.

(b)    You are not entitled to any portion of the Platform Fee, and all payments remitted to you (via the Taxi Association) shall be net of the Platform Fee.

(c)    Our role is limited to acting as a payment collection and remittance agent, and we do not provide or operate the transport services.

(d)    Any claims, disputes, or entitlements relating to your payment for the Services are strictly between you and the Taxi Association.

(e)  Once we remit payment (after applicable deductions) to the Taxi Association, such remittance shall constitute full and final settlement and discharge of our obligations to you in respect of the relevant booking(s).

(f)      We shall not be liable for any delay, shortfall, or non-payment by the taxi association, and you hereby release and discharge us from any claims or liability arising therefrom.

(g)     We may, in our sole discretion, set-off or withhold any amounts due to you in the event of suspected fraud, unlawful activity, regulatory compliance requirements, chargebacks, or any breach of these Terms.

(h)    You shall indemnify and hold us harmless against all losses, claims, damages, costs, or expenses incurred by us in connection with any payment-related claims brought by you, the Taxi Association, or any third party.

7.4          You acknowledge and agree that we may deduct from any amounts payable to you all refunds made to Users in accordance with the Platform’s cancellation and refund policy.

(a)    Cancellations by You – If you cancel a booking at any time before the scheduled pick-up time, the User will be entitled to a full refund of the fare paid, and you will not be entitled to any payment for that booking.

(b)    User Cancellations – Users may cancel a booking within twelve (12) hours prior to the scheduled departure time and will be entitled to a full refund of the fare paid. For cancellations made by Users less than twelve (12) hours before the scheduled departure time, no refund will be given to the User, and we will remit fifty percent (50%) of the fare (excluding the Platform Fee) to you. 

8. Personal Data

8.1          You may receive limited User personal data solely to provide the Services. You will: (a) process such data only for the agreed purpose and in accordance with applicable data protection laws; (b) implement appropriate technical and organisational measures to protect personal data; and (c) not sell, rent, or use personal data for unrelated purposes without valid consent.

8.2          You will notify Kumpool without undue delay (and in any event within 24 hours) after becoming aware of any personal data breach affecting User data obtained via the Platform, and you will cooperate on notifications and remediation.

8.3          Usage analytics and performance data related to the Platform are owned by Kumpool. Kumpool may share aggregated or anonymised insights with you.

9. Reviews

9.1          Users may post reviews or ratings. Kumpool may moderate or remove content under its policies but is not obligated to verify reviews.

9.2          You will not post fake reviews, offer undisclosed incentives for positive reviews, or suppress legitimate User feedback.

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11. Your Representations and Warranties

You represent and warrant on an ongoing basis that: (a) you are duly organised, validly existing, and authorised to provide the Services; (b) you assume full responsibility and liability for the Services and for all acts and omissions of your drivers and personnel; (c) Services will be provided with due care, skill, and in accordance with law; (d) Provider Content is accurate, lawful, and non-infringing; and (e) you will comply with these Terms and all Platform policies.

12. Indemnity

You shall indemnify, defend, and hold harmless Kumpool, its affiliates, and their respective directors, officers, employees, representatives, and agents (collectively, the “Kumpool Indemnitees”) from and against any and all claims, demands, causes of action, proceedings, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable legal and professional fees) arising out of, in connection with, or relating to:

(a)            the Services, Content, or your acts, error, omissions, negligence or conduct;

(b)     any contract, transaction, or dispute between you and any User, passenger, the Taxi Association, or third party;

(c)     personal injury, death, property damage, or other harm caused or alleged to be caused in connection with the Services by you, your personnel, vehicles, or any User;

(d)    any actual or alleged infringement, misappropriation, or violation of intellectual property or other third-party rights;

(e)            your breach of applicable laws, regulations, or these Terms;

(f)              any data protection, cybersecurity, or confidentiality breach attributable to you; and

(g)     any claim that Kumpool is deemed your employer, principal, partner, or guarantor in relation to your Services.

This indemnity shall survive the termination or expiry of these Terms.

13. Disclaimers; Limitation of Liability

13.1       The Platform is provided “as is” and “as available.” To the fullest extent permitted by law, Kumpool disclaims all warranties, representations, and conditions, express, implied, or statutory, including merchantability, fitness for a particular purpose, satisfactory quality, title, accuracy, non-infringement, availability, and that the Platform will be error-free or uninterrupted.

13.2       Kumpool does not guarantee any level of traffic, impressions, clicks, conversions, ranking, revenue, or other business results. Kumpool makes no representation, warranty, or assurance as to the number of bookings you may receive, the minimum income you may generate, or the financial performance of your use of the Platform or the Services. Your access to and use of the Platform is on an “as is” and “as available” basis, and you are solely responsible for your earnings.

13.3       To the maximum extent permitted by law, Kumpool’s total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform will not exceed the total fees you paid to Kumpool in the 1 month preceding the event giving rise to liability.

13.4       To the fullest extent permitted by law, Kumpool will not be liable for any indirect, incidental, special, punitive, exemplary, or consequential loss, or for loss of profits, revenue, business, contracts, opportunities, goodwill, reputation, data, or anticipated savings, even if advised of the possibility of such losses.

13.5       Kumpool is a technology platform and does not own, operate, or control any vehicles used in the Services. Kumpool is not a fleet operator and does not provide transportation services. All responsibility for obtaining, maintaining, and complying with insurance requirements, and for managing, handling, and responding to any insurance claims (including claims by passengers, Users, third parties, or regulators), rests solely with you as the Third-Party Service Provider. Kumpool has no obligation or liability in relation to any insurance coverage, claims, investigations, settlements, or proceedings arising from or connected to the Services.

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15. Confidentiality

15.1       Non-public information disclosed by either party that is designated confidential or that should reasonably be understood as confidential, including business, technical, financial, operational, and User data.

15.2       The receiving party will protect Confidential Information using reasonable measures, use it only to perform under these Terms, and disclose it only to affiliates, employees, or advisers who need to know and are bound by confidentiality obligations.

15.3       Confidential Information does not include information that is public (other than through breach), independently developed, or lawfully received without restriction. The receiving party may disclose where required by law, court, or regulator, with prompt notice to the discloser where legally permitted.

15.4       Confidentiality obligations survive for 2 years after termination, and indefinitely for trade secrets while they remain trade secrets.

16. Anti-Bribery; Sanctions; AML/CFT; Road Safety

You will comply with applicable anti-bribery and corruption laws, sanctions and export controls, anti-money laundering and counter-financing of terrorism laws, and road safety regulations, and you will maintain adequate policies, training, and controls.

17. Term; Suspension; Termination

17.1       These Terms commence on your acceptance and continue until terminated.

17.2       Kumpool may, at any time and at its sole discretion, suspend, restrict, or terminate your account registered with the Platform or block your access to the Platform, with or without notice, if it reasonably believes that: (a) you are in breach of these Terms; (a) you have engaged in, or are suspected of engaging in, fraud, unlawful conduct, or misconduct; (a) your continued access poses a safety, security, operational, or legal risk; (a) any required permits, licences, or insurance lapse, are invalid, or are not maintained; or (a) suspension or termination is required by a regulator or authority.

17.3       You may terminate your account at any time by providing written notice to Kumpool and ceasing all use of the Platform.

17.4       Upon suspension or termination: (a) your right to access and use the Platform immediately ceases; (b) all outstanding obligations, liabilities, and accrued rights under these Terms will survive and remain enforceable, including indemnities, limitations of liability, and disclaimers; (c) Kumpool may withhold, deduct, or set off any amounts owed to you against any amounts due to Kumpool or Users; (d) any pending bookings at the time of termination may be cancelled at Kumpool’s discretion, and Users may be refunded in accordance with the Platform’s policies; (e) termination is without prejudice to any other rights or remedies available to Kumpool under these Terms or at law; and

17.5       Kumpool has no obligation to reinstate, reactivate, or reopen any account once it has been terminated.

18. Notice

18.1       Kumpool may provide notices via the Platform, email, or your registered address.

18.2       Legal notices to Kumpool must be sent to Kumpool Sdn. Bhd. at the email: cs@kummute.com.my. WhatsApp support (+6012-773-8840) may also be available, but is not monitored on a 24/7 basis. For formal legal correspondence, email shall be the primary method of communication.

18.3       Notices are deemed received when sent (email, absent bounce-back), when posted in the Platform, or upon delivery confirmation (courier).

19. Governing Law and Dispute Resolution

19.1       These Terms are governed by the laws of Malaysia.

19.2       The parties shall attempt to resolve disputes through good-faith discussions within thirty (30) days after written notice of the dispute.

19.3       Subject to clause 19.2, disputes may be brought in the courts in Malaysia. Alternatively, Kumpool may elect to have disputes resolved by arbitration administered by the Asian International Arbitration Centre (AIAC) under the AIAC Rules, by a sole arbitrator seated in Malaysia, with the language of the arbitration being English. Judgment on the award may be entered in any court of competent jurisdiction.

20. General

20.1       Entire Agreement. These Terms and any order forms, insertion orders, addenda, or policies expressly referenced, constitute the entire agreement between you and Kumpool for the subject matter and supersede prior understandings.

20.2       Severability. If any provision is invalid or unenforceable, the remainder remains in effect to the maximum extent permitted.

20.3       No Waiver. A failure or delay to exercise any right does not waive it, nor does partial exercise preclude further exercise. Any waiver must be in writing and expressly state the provision being waived.

20.4       Assignment. You may not assign, transfer, or novate your rights or obligations without Kumpool’s prior written consent. Kumpool may assign or novate these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or asset sale.

20.5       Force Majeure. Neither party is liable for delay or failure due to events beyond reasonable control, including acts of God, epidemics, war, terrorism, civil unrest, strikes, embargoes, changes in law or government action, utility or network failures, cloud/hosting outages, denial-of-service or other attacks, and failure of third-party platforms or services the Platform relies on, provided reasonable efforts are used to mitigate and resume performance.

20.6       Platform Support. Email: cs@kummute.com.my. WhatsApp: +60127225409.

Last Updated: 5^th October 2025

Schedule 1

This Service Operating Procedure (SOP) forms part of the Third-Party Service Provider Terms and Conditions. It may be updated by Kumpool from time to time, and your continued use of the Platform constitutes acceptance of the updated SOP.

[To be updated]