TERMS AND CONDITIONS
The KWIKRIDE platform provides a marketplace where passengers (“RIDERS”) who seek transportation (e-hailing) to specific destinations is matched with ride providers (“DRIVERS”) who will provide rides using their vehicle which is approved by KWIKRIDE. Ride services provided by drivers to riders that are matched through KWIKRIDE’s platform shall be referred to as the “SERVICES”.
This Terms & Conditions covers for both RIDERS and DRIVERS (both rider and driver are also known as “USERS”) who use KWIKRIDE platform and services.
Users are allowed to create one account per person by furnishing relevant information and documents specified by KWIKRIDE. KWIKRIDE reserves the right to reject, suspend or deactivate any user who fail to adhere to our terms & conditions. Users shall authorize KWIKRIDE to match them with a driver or rider based on factors such as their location, the estimated time to pick up, their destination, user preferences, and platform efficiency and to cancel an existing match and rematch based on the same considerations. KWIKRIDE may also change or introduce enhanced matching systematics to improve user experience from time to time. Any decision by a user to offer or accept services is a decision made in such user’s sole discretion.
Terms & Conditions
Users are requested to read and accept KWIKRIDE’s terms & conditions before signing up or using the services. All fares shown are in the Malaysian Ringgit and payment shall be made purely in Malaysian Ringgit only. KWIKRIDE may amend the terms & conditions related to the services from time to time. The use of the service is for a user’s own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the service, you agree to comply with all applicable laws of Malaysia while using the service. You may only access the service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct software for your device. KWIKRIDE is not liable if you do not have a compatible device or if you have downloaded the wrong version of the software onto your device. KWIKRIDE reserves the right not to permit the use of our service should you use the application and/or the software with an incompatible or unauthorized device or for purposes other than which the software and/or the application is intended to be used. You shall maintain in confidence all information and data relating to KWIKRIDE, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of KWIKRIDE. You agree and consent to KWIKRIDE using and processing your personal data for the purposes and in the manner as identified hereunder for the sole purpose of providing the services. During use of the service, you may enter into a correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the service, the software and/or the application at your sole discretion.
All users are encouraged to use the remaining amount in their mobile wallet provided for in the application before terminating their user account. However, if a user chooses to proceed to terminate their account without utilizing the remaining amount in their mobile wallet, KWIKRIDE shall refund any amount in excess of a minimum balance of RM 10. All amount refunded shall be credited to user’s account within three (3) working days. KWIKRIDE adopts a non-refundable policy for all charges incurred after completion of service.
KWIKRIDE adopts a user-friendly cancellation policy with minimal penalty for all users. The cancellation policy is designed to ensure both parties are treated equally and fairly to compensate the other party for the time and/or cost incurred. The cancellation policy disregards the reasons of cancellation to ensure fairness. If a user was incorrectly charged a cancellation fee, they may contact our customer service.
For riders, the cancellation fee charged is RM 1.00 per cancellation after their weekly free cancellation is exhausted. Cancellation fee is charged to a rider to compensate the driver for the time and cost incurred traveling to your pickup location. Riders’ are eligible for three (3) free weekly cancellation. Definition of week starts from Monday 00.01am to Sunday 11.59pm. Cancelation fee only applies when a rider cancels a booking 5 minutes after the driver has accepted the booking, or when a rider fails to show up within 5 minutes of driver’s arrival at the pick-up point. Riders will not be charged a cancellation fee if the booking is cancelled when the driver fail to show up 5 minutes after the expiry of the estimated arrival time stated when the booking was first accepted. The cancellation fee will be deposited into driver’s mobile wallet after deduction of 10% admin charge. A driver who was matched with a rider who utilises his/her free cancellation will not receive the cancellation fee.
For drivers, the cancellation fee charged is RM 1.00 per cancellation after their daily free cancellation is exhausted. Cancellation fee is charged to a driver to compensate the rider for the time spent waiting for the ride. Drivers’ are eligible for three (3) daily free cancellation. Definition of day starts from 00.01am to 11.59pm each day. Cancellation fee only applies when a driver cancels a booking 5 minutes after accepting the booking or fail to pick up the rider within five (5) minutes after the expiry of the estimated arrival time stated when the booking was first accepted. The cancellation fee will be deposited into rider’s mobile wallet after deduction of 10% admin charge. A rider who was matched with a driver who utilises his/her free cancellation will not receive the cancellation fee.
Every minute is precious for both riders and drivers. Riders will be given free five (5) minutes waiting time after a driver arrives at pick up location. To compensate the driver for the time spent waiting for the rider, KWIKRIDE imposes a nominal waiting charge of RM 1.00 on riders after the expiry of the free five (5) minutes waiting time. The maximum waiting time shall be ten (10) minutes unless the driver chooses to wait at his/her own cost. The waiting charge will be deposited into driver’s mobile wallet after deduction of 10% admin charge.
KWIKRIDE provides a starter pack of RM 30.00 for all new drivers free of charge. This starter pack is provided once (1) for each new driver who completes the registration process successfully. Upon activation of their driver account, a driver can start accepting rides and can do so as long as they have the required minimum balance in their mobile wallet. The free starter pack amount cannot be withdrawn or exchanged for cash. Should a driver terminate his account prior to utilizing the starter pack or completes less than 10 rides, the starter pack amount will not be refunded.
Driver’s Wallet Minimum Balance
The minimum balance of the driver’s wallet shall be RM 20.00. A driver will not be able to accept a booking when the minimum balance falls below this level. Drivers are advised to top up their wallet balance on time.
100% Airport Ride Cash Back Promotion
The free airport ride promotion is limited to one (1) trip per rider. KWIRIDE reserves the right to deny the promotion to any riders that have multiple rider account with KWIKRIDE. To be eligible for this promotion, a rider must complete one (1) airport ride with KWIKRIDE and the amount paid shall be credited back into the rider’s mobile wallet. The rider can use this cash back for his/her next airport ride or for any regular ride(s) of their choice. This cash back amount cannot be exchanged for cash nor be refunded when the rider terminated their user account. Riders are advised to utilize the cash back amount prior to closing their account. The promotion is limited to 1000 lucky riders selected randomly over the period starting 20 June 2019 and ending on 30 September 2019. This promotion cannot be used together with other promotions.
KWIKRIDE Launch Discount Promotion (Up to 15% Discount for Unlimited Rides)
In conjunction with the launch of KWIKRIDE, riders will enjoy discounts of up to 15% for all rides. This promotion will end on 30 September 2019. KWIKRIDE reserves the right to decide on the discounts offered at its sole discretion. The discount quantum may change from time to time. Riders will be able to use the discount promo published in their rider app for any rides at any time. Cash back for riders shall not apply when a discount promo is used. This promotion cannot be used together with other promotions.
Tips to Driver
Passenger are given the option to tip a driver at their discretion and choice. KWIKRIDE provides option for riders to select the tips amount if they wish to provide a tip. Drivers are prohibited to solicit tips from any passenger. A tip that has been paid cannot be returned/refunded to the rider. KWIKRIDE’s standard commission shall be applicable on tips provided.
Cash Back for Drivers
Drivers will earn 5% cash back for rides costing RM 10 and above. The cash back will be credited instantly into driver’s mobile wallet after each ride. The cash back can be accumulated and cashed out or can be used to defray the need to regularly top up their mobile wallet to be able to accept ride bookings. This cash back amount cannot be exchanged for cash nor be refunded when the drivers terminate their user account. Drivers are advised to utilise the cash back amount prior to closing their account.
Cash Back for Passengers
Passenger will earn cash back for rides costing RM 10 and above. The cash back quantum shall be decided by KWIKRIDE at its sole discretion. The cash back will be credited instantly into rider’s mobile wallet after successful completion of each ride. The credit available in rider’s mobile wallet can only be used to pay for a ride when the credit available is enough to cover the full fare. The system does not allow partial payment by cash or partial payment from cash back. Cash back is not applicable for discounted rides (when a promo code is applied). This cash back amount cannot be exchanged for cash nor be refunded when the riders terminate their user account. Riders are advised to utilise the cash back amount prior to closing their account.
Earnings Payout to Drivers
Drivers will be able to request for payout of their earning by submitting payment request to KWIKRIDE using google form that is available at www.kwikride.com. Payment will be processed and credited into driver’s bank account within three (3) working days.
The estimate cost of a ride shown at the time of booking does not include parking and/or toll fee. Drivers will include parking and/or toll fee into the final fare that will be reflected in the rider’s app upon completion of the ride where toll and/or parking cost were incurred. Rider’s will be required to pay the final fare as shown in the app by cash or mobile wallet or through any other payment method that will be introduced by KWIKRIDE from time to time in the rider’s app.
Driver’s Responsibilities & Risk
Driver is responsible top obtain all legal documents, licenses, approvals, and insurance required under the e-hailing regulations enforced by the Agensi Pengangkutan Awam Darat (APAD) and the Ministry of Transport. The drivers shall also bear all associated cost. KWIKRIDE shall bear no responsibility in the event a driver is found to have violated the rules and regulations set by the authorities. Drivers are required to always keep themselves updated on regulations and comply with them accordingly. KWIKRIDE shall also disseminate information arising to any changes in the law from time to time.
Rider’s Responsibilities & Risk
Rider is advised to strictly adhere to the terms and conditions of our service and to adhere to our advice on safety conditions when using our service. Always ensure you board the right vehicle and avoid using our service by bypassing the app or by dealing with a driver that you may have met before. KWIKRIDE shall bear no responsibility for failure of riders who flout the terms and conditions of our service.
Rider shall pay the final ride fare determined by KWIKRIDE app. Rider shall bear all cost associated that may be assessed on KWIKRIDE while providing the service to the rider. These charges shall be limited to toll charges, parking charges or vehicle entry charges (if any), and these charges are to be entered into the app by the driver. Toll charges are not included in the estimated fare. The final ride fare will be shown in the app. Drivers are required to collect the full final fare and both driver and rider are not allowed to negotiate the fare. Drivers are strictly prohibited from collecting higher fare than the figure stated in the app. Riders may submit their queries to our customer support in the event of discrepancy in the final ride cost. Drivers are not allowed to pick up a rider who did not book a ride using KWIKRIDE’s app.
Security OTP Code
KWIKRIDE’s app comes with a 4-digit security OTP generated for every ride for the safety of both rider and driver. Riders are advised to exit from any vehicle that fail to accept the 4-digit security OTP. Similarly, drivers are to decline the trip of any rider that furnished an inaccurate OTP. This is crucial to ensure your safety and must always not be compromised.
Emergency ‘SOS’ Function
The app also comes with an emergency SOS button. Users are advised to familiarize themselves with the emergency ‘SOS’ function so that it comes handy during emergencies. There are two emergency numbers in this app, one being 999 and the other being personal emergency contact number. Please ensure the emergency contact number is updated and reviewed from time to time. In the event the vehicle is met with an accident, the driver and/or rider is advised to contact the police via the emergency button immediately.
User are strongly advised to inform our customer support promptly for us to render necessary help.
Loss of Personal Belongings
All users are advised to safe guard their personal belonging while using our services. KWIKRIDE shall not be held liable for loss of personal items. Riders are advised to contact customer support immediately if they have any queries and furnish the name of the driver and vehicle number for investigation.
With respect to the use the KWIKRIDE platform and the usage of our services, you agree that you will not:
- Impersonate any person or entity.
- Stalk, threaten, or otherwise harass any person in whatsoever a manner that is not acceptable and violates the laws of Malaysia.
- Carry any weapons, drugs or illegal substances or materials in the vehicles.
- Violate any law, statute, rule, permit, ordinance or regulation.
- Interfere with or disrupt the KWIKRIDE platform or the servers or networks connected to KWIKRIDE.
- Post information or interact on the KWIKRIDE platform or services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal.
- Use KWIKRIDE in any way that infringes any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information.
- Cause any third party to engage in the restricted activities above.
All intellectual property rights of KWIKRIDE shall be owned by KWIKRIDE absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in KWIKRIDE are the property of KWIKRIDE. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of KWIKRIDE. KWIKRIDE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any registered trademarks of KWIKRIDE shall not be used by any parties for any purposes without a written permission from us. If you provide services as a driver, KWIKRIDE grants to you, during the term of this agreement, and subject to your compliance with the terms and conditions of this agreement, a limited, revocable, non-exclusive license to display and use the KWIKRIDE marks solely in connection with providing the services through the KWIKRIDE (“License”). The license is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without KWIKRIDE ’s prior written permission, which it may withhold in its sole discretion. The brand KWIKRIDE may not be used in any manner that is likely to cause confusion. You acknowledge that KWIKRIDE is the owner and licensor of the KWIKRIDE marks, including all goodwill associated therewith, and that your use of the KWIKRIDE marks will confer no additional interest in or ownership of the KWIKRIDE marks in you but rather inures to the benefit of KWIKRIDE.
Rights to Revise Terms & Conditions
This terms & conditions is effective as of 12 April 2019 and will remain in effect until and unless it is revised by KWIKRIDE. We undertake to update the above terms & conditions whenever there is a change in the law and/or regulations by the relevant authorities or when KWIKRIDE makes necessary changes to their operating procedures/rule. KWIKRIDE reserves the right to revise, update, modify, alter and/or change the above terms & conditions at any time and at its sole discretion. Users are advised to periodically keep themselves updated on these changes.
When a user signs up with KWIKRIDE and uses its services, the user acknowledges to have read, understood and agreed to the contents and conditions stated in this document. KWIKRIDE shall have the right to modify, update or amend the contents of this document and publish the changes in this website (www.kwikride.com) as and when such changes take place. Users are advised to periodically keep themselves updated on these changes. Continued use of KWIKRIDE’s services after any change(s) is made to this document and such changes have been reflected in this website (www.kwikride.com), it shall constitute your acceptance of the same and you consent to abide and be bound by the modified terms of this document. Should there be any major/material changes to the above, KWIKRIDE will update these changes immediately in this website (www.kwikride.com). In the event of any conflict between the English and other language versions, the English version shall prevail.