Terms and Conditions

General Terms & Conditions

These Terms & Conditions regulates the use and access of our applications, products and services made available to you by FoGoMove. We reserve the right to change, modify, add or remove portions of these Terms and Conditions at any time. It is your duty to check these Terms and Conditions periodically for any changes. Your continued use of our Services shall mean that you agree and accept to be bound by any such amendment or any additional Terms & Conditions.  

Please read these Terms & Conditions stipulated herein before engaging with our Services.

1) Definitions 

In these terms and conditions, the following definitions shall apply unless otherwise defined.

  1. “FoGoMove” means FoGoMove Malaysia Sdn Bhd, a company registered and incorporated in Malaysia (Company Registration No: 1434057-H) and registered office located address will be provided later.
  2. “Services” shall mean any or all services provided by us to you as stipulated in section 5 herein.
  3. “Driver” or “Drivers” shall mean an independent third party Driver and/or rider that offers pick-up and delivery services which may be requested via the use of our Services.
  4. “Application” or more commonly known as an App shall mean an application software that is designed to run on a smartphone or a tablet service.

 

2) Terms of Usage

By using our Services, you hereby warrant and represent that:-

  1. That all information and details provided by you when creating a user account either through our mobile application or website are true and accurate;
  2. You shall not engage with our Service for the furtherance of any unlawful purpose; in a manner that impairs or damages our Services; to access or attempt to access the account of other users.
  3. To comply with all relevant laws when engaging with our Services.

 

3) User Account

  1. It is your responsibility for maintaining adequate security and control of any user login and password that FoGoMove may provide to you in relation to the Services.
  2. By engaging with our Services, you hereby represent and warrant that you shall not disclose your user details any unauthorized persons or to any third parties. We shall not be responsible for any loss that you may sustain due to compromise of your account login credentials due to no fault of ours.
  3. FoGoMove at its sole discretion reserves the right to suspend or terminate your user account for the use of our Application and Services in the event you have breached any of the Terms & Conditions stipulated herein.

 

4) Software Licence

  1. Subject to the Terms & Conditions of this Agreement, FoGoMove hereby grants its users a limited, non-exclusive, and non-transferable rights to install and use a copy of the Application for your own personal use;
  2. By engaging our Services, you hereby warrant and agree that you shall not copy, lease, rent, sub-licence, distribute copies of the Application or licence for the use of the Application to any third party;
  3. You shall not in any way modify, adapt, reverse engineer, decompile, disassemble, translate the Applications, or create derivative works based on the Application;
  4. Users shall not interrupt the normal performance of the Applications or use any methods to export or modify the source code of the Applications;
  5. You shall not engage in any spamming or phishing activities;
  6. You shall not upload or disseminate any kinds of computer viruses, malicious codes and/or trojans;
  7. Users shall not install the Applications on any device other than the mobile device, computer and/or other relevant devices running the operating systems approved by FoGoMove;
  8. Apart from the licence to use the Application granted in section 4 of this Terms and Conditions, no other licence or right is granted to you.

 

5) Services

  1. The services provided via our mobile application and website enables users to engage with our registered Drivers to pick-up and deliver the goods to your doorstep.
  2. By engaging with our Services, you hereby agree and acknowledge that we only act as an intermediary between you and the Drivers and FoGoMove is not you agent or the agent of the independent drivers and we are not privy to the contract for the hiring of the Drivers.

 

6) Promotions 

FoGoMove may introduce promotions and offers every now and then. We reserve the right to amend, revise, suspend or terminate at our discretion whether in whole or in part of such promotions without prior notice.

 

 7) Links and Advertisements

Our website and Applications may contain advertisements and links to third party websites. We shall not be held liable for the contents and reliability of any of the Advertisements displayed. Links to third party websites are provided for your convenience and does not in any way constitute an endorsement by us on the contents of such advertisements. We shall not be responsible for any transactions between you and such advertisers.

 

8) User Obligations

  1. By engaging with our Services, you hereby represent that you are the owner or the authorized representative of the goods and you are permitted to accept the Terms and Conditions herein on behalf of yourself or as an authorized person on behalf of the owner of such goods.
  2. You hereby warrant and agree that the goods and/or items that shall be delivered by the Driver does not constitute any types of animals, parts of animals and/or pets, firearms, ammunition, flammable objects or any other illegal items.
  3. Users shall agree and comply with all relevant laws with regards to the handling, nature, packaging and carriage of the goods and the goods handled are not in any way illegal, highly perishable or unsafe.
  4. Users hereby warrant that each item of goods delivered by the Driver shall not weigh less than two (2) kilograms. It is your responsibility to ensure that you provide us and/or the drivers with precise and adequate information in order for the Drivers to complete the delivery of the goods.
  5. FoGoMove and/or the Drivers may at its sole discretion to inspect the goods without any prior notice where there are reasonable suspicion that the items may be illegal or prohibited and FoGoMove and/or the Drivers reserve the right to refuse and reject the delivery or receipt of such items.

 

9) Payment of the Services 

  1. The payment rates for the delivery services provided are quoted in Ringgit Malaysia (RM) which is inclusive of Sales and Service Tax (SST) where applicable.
  2. The pricing details of the transportation and or delivery services offered by us along with any additional surcharges are stipulated on our page at : Standard Rates.
  3. FoGoMove reserves the right to amend and/or revise the delivery rates and/or fees from time to time without any prior notice to you. Your continued usage of our Services shall constitute your consent to the revised rates.
  4. FoGoMove reserves the right to impose a cancellation surcharge in the following manner:-
    1. The base fare shall be imposed for ‘Deliver Now’ services, in the event you cancel 5 minutes after being paired to the Driver and/or after the Driver arrives at the pickup point.
    2. The base fare shall be charged for a ‘Scheduled service’ of more than 30 minutes if there is a cancellation by you after the Driver arrives at the pickup point.
    3. Users shall pay the Drivers in cash promptly as stipulated on the App. In the event whereby any of the parties are dissatisfied with the charges, kindly contact our Help Centre before proceeding to make the payment to the Driver.
    4. The delivery price will be illustrated once the start/end point and vehicle type have been keyed into the Application. Users agree that once the delivery order has been confirmed, you agree to pay the price stipulated and additional surcharges may be imposed in line with the pricing details illustrated in section 9.2 herein.
    5. The Driver shall confirm your order via the in-App messaging services prior to departing. In the event the delivery is confirmed and there is cancellation after the stipulated time, 50% of the delivery charges shall be imposed to the User. FoGoMove shall communicate the charges incurred to the User on behalf of the Driver.
    6. Payment for the Services rendered shall be made via the following manner:-
      1. Via cash, which shall be paid to the Driver immediately upon delivery completion;
      2. FoGoMove e-wallet, whereby the credits shall be deducted immediately upon delivery completion;
      3. Online Payment.
    7. FoGoMove shall process the top-up request after the User’s payment has been cleared by the Bank appointed by FoGoMove and upon FoGoMove’s approval;
    8. Credits sold shall not be returned, exchanged nor refundable.
    9. Users that have deposited delivery credits into FoGoMove’s e-wallet are not allowed to cash-out the credits under any circumstances;
    10. We reserve the right to reimburse the equivalent sum that is paid by you in the event FoGoMove is unable to process your transaction;
    11. An electronic receipt (‘e-receipt’) will be automatically provided to you upon the completion of the order which can be generated in PDF from the App itself.

 

  1.  

10) Disclaimer 

  1. Although FoGoMove strives to ensure that the Application will work in an efficient manner on your device or browser, FoGoMove does not guarantee the performance and or compatibility of the Application on your device or browser.
  2. By engaging with our Services, you understand that FoGoMove does not warrant the availability of the Services nor the availability of the Drivers through the use of our Application and the reliability of the information provided.
  3. FoGoMove shall not be responsible for any damages, including but not limited to punitive, special or consequential damages which includes personal injury or damage to property arising from the use of the Application.
  4. We make no representation, or guarantee regarding the reliability, timeliness, quality, or availability of the services or any services requested through the use of our Services. You hereby agree that FoGoMove is not liable to you or any third party in relation to any goods intended to be delivered by a Driver.
  5. Users shall bear all risk resulting from the use of the Services and you shall have no claim against FoGoMove.
  6. The aforementioned exclusions shall be applicable to the extent permissible by law.

 

11) Personal Data and Privacy

  1. You are hereby required to provide your personal particulars to FoGoMove in order to use the Services and functions via the Application.
  2. By using our services, you hereby agree to FoGoMove to use your personal data (including but not limited to your name, contact number, pick up and drop off addresses) as provided by you from time to time while the Application is in use.
  3. We may disclose personal information of the Driver to you while using our Services. You hereby agree that you shall not use the personal details of such Drivers for any unauthorized use other than for the use of our Services.
  4. You hereby agree that FoGoMove is entitled to obtain, use, keep and update your personal information to such extent, for and at such time period as may be necessary when FoGoMove provides the Services to you, and you confirm that the personal information provided by you are accurate and up to date.
  5. Users hereby agree that FoGoMove is allowed to reveal your personal information to Drivers including but not limited to for enabling a booking to be accepted by the Driver, confirmation of the booking details between the Users and Drivers and to track the vehicles that has been booked.
  6. By agreeing and accepting the Terms and Conditions stipulated herein, you have hereby consented and agreed that the collection, use, storage and transfer of your personal information is subject to FoGoMove’s privacy policy whereby the latest version can be found at “”, and you acknowledge that you have read and understood the same prior to agreeing to these Terms and Conditions.

 

12) Indemnity 

  1. By using our services, you hereby agree to indemnify and hold harmless FoGoMove and its officers, employees, directors, personnel’s, and agents from and against any demands, claims, damages, losses, liabilities arising from:-
    1. the user’s breach of any of these Terms and Conditions;
    2. Violation and breach of the rights of any third party, including the Driver.

 

13) Intellectual Property

FoGoMove alone (and its licensors, where applicable) shall own all right, title and interest including all related Intellectual Property rights. FoGoMove’s name, logo, trademarks, copyright materials and products associated with the Service are trademarks of FoGoMove and nothing in this Terms and Conditions shall grant you any rights to the intellectual property and trademark belonging to FoGoMove.

 

14) Governing Law and Jurisdiction

These Terms & Conditions and the rights and obligations of parties shall be executed and interpreted in accordance with the laws of Malaysia.

 

15) Assignment

  1. This Terms and Conditions as revised from time to time may not be assigned or transferred by you without FoGoMove’s prior written consent. Any purported assignment in contravention of this section shall be deemed void.
  2. FoGoMove may at its discretion assign or transfer any of its rights without your approval under the Terms and Conditions to an affiliated or subsidiary company or an acquirer of the Company’s business.

 

16) Confidentiality

  1. Users hereby agree to treat confidentially the terms and conditions stipulated herein and to maintain in confidence all details relating to FoGoMove including but not limited to its services, products, business affairs, promotion plans which may be disclosed to you or directly or indirectly obtained by you from FoGoMove or any of its affiliate companies. All confidential information provided shall be used solely used for the purpose of rendering or obtaining services pursuant to this Terms and Conditions and shall not be disclosed to any third party without FoGoMove’s prior written consent.
  2. The foregoing shall not be applicable to any information that is publicly available when provided; at the time of receipt, it was already in your possession or it is required by law to be disclosed.

 

17) Claim for Damages

  1. By using our Services, you hereby unequivocally agree that the use of our Services is solely at your own risk and FoGo shall not be liable for any stolen, lost, destroyed, and damaged goods and you shall obtain your own insurance coverage to insure the goods delivered.
  2. Without deviating from the foregoing provisions herein, FoGoMove shall exercise its sole discretion in compensating the cost incurred for any stolen, lost, destroyed and damaged goods delivered by a Driver subject to the maximum value of up to RM 100.00 (for non-corporate clients) or up to RM 300.00 (for corporate clients that have a corporate account with FoGoMove) for each transportation, provided that it can be proved that the damaged has been caused by the Driver and/or rider and there are evidential proof such as invoices, receipts and pictures of such damaged goods.
  3. The compensation value will be remitted directly to your FoGoMove e-wallet.

 

18) Severability

  1. If any of the provision of this Terms and Conditions or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:
    1. such provision shall be ineffective to the extent of such illegality, voidance, invalidity, prohibition or unenforceability;
    2. the remaining provisions of this Terms and Conditions shall remain in full force and effect.

 

19) Waiver 

Any failure by FoGoMove in enforcing any right or provision herein shall not be deemed as a waiver of any right or remedy by FoGoMove to enforce such rights under these Terms and Conditions.

 

20) Entirety of Agreement

This Terms and Conditions set forth herein shall constitute the entire agreement between you and FoGoMove, and supersedes any previous agreement, understanding, arrangement, communication or expression of intent with respect to the subject matter hereof.

 

 

Driver Terms & Conditions

The following Terms & Conditions constitutes a legal and binding agreement between you and FoGoMove (Company Registration No. 1434057-H) You should read them carefully and use our Services only if you agree and consent to the Terms & Conditions. By using the FoGoMove App, you hereby unequivocally agree to be legally bound by the Terms and Conditions stipulated herein. Your continued use of our Services shall mean that you agree and accept to be bound by any such amendment or any additional Terms & Conditions. 

FOGOMOVE IS A TECHNOLOGY COMPANY THAT PROVIDES AN AVENUE FOR CUSTOMERS TO OBTAIN GOODS AND SERVICES PROVIDED BY A FOGOMOVE PARTNER OR BY US. FOGOMOVE SHALL NOT BE LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY OF THE PARTNERS. PARTNERS SHALL AT ALL TIMES ENSURE THAT THEY ARE NOT AND SHALL NOT CLAIM TO BE AN AGENT, EMPLOYEE OR STAFF OF FOGOMOVE AND THAT THE SERVICES PROVIDED TO YOU BY THE PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY FOGOMOVE.

 

ADHERENCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, GUIDELINES AND POLICIES

  1. Drivers shall adhere to all traffic laws, regulations, policies, rules, and guidelines as well as this Terms and Conditions and additional guidelines that may be provided by FoGoMove every now and then.
  2. By engaging with our services, Drivers hereby agrees not to be involved in any activities that may affect our reputation and/or disrupt the operation of FoGoMove or scheme with other Drivers or third parties with the purpose of committing the foregoing acts.
  3. Drivers are strictly prohibited against committing any acts with the intention of defrauding or to cheat FoGoMove whether or not via any ‘Promo Code’ which may cause FoGoMove to sustain losses.
  4. FoGoMove does not tolerate any violation of any of the foregoing Terms & Conditions which may result in the termination and/or suspension of the Driver’s Account.
  5. Drivers shall not solicit or make any personal delivery arrangements with the customer, recipient or the sender of the goods and services. Drivers shall not suggest any other logistic and or delivery Applications to the customer, recipient or the sender as it is deemed unprofessional.
  6. Users are prohibited from taking part and/or joining in any unlawful protests against FoGoMove, boycott or threaten to boycott the FoGoMove App, being a member of an unregistered association, encourage other Drivers to not use the FoGoMove App or any other acts that may be deemed to be against the interest of FoGoMove.

 

PAYMENT TERMS

  1. FoGoMove, charges a fee for the use of the Services (“Service Fee”) which are payable immediately and it is non-refundable. You hereby acknowledge that the total fare paid by the customer includes the service fee that is collected by you on behalf of FoGoMove.
  2. The Service Fee may be up to 17.5% of the fare stipulated for each transaction by a customer. This no-refund policy shall be applicable at all times regardless of your decision to terminate the usage of your Driver’s Account, FoGoMove’s decision to terminate and/or suspend your access to the Application, disruption caused to the Service whether accidental, planned, intentional or any reason whatsoever.
  3. FoGoMove retains the right to change and/or alter the service fee charged as deemed necessary. FoGoMove may, at its sole discretion make promotional offers and with varying rates and features to any of the Customer in where the promotional offers shall be honoured by the Driver.
  4. To keep the driver account active no service or maintenance charges as long minimum balance of RM 10 is maintained for Car, Motorcycle and RM 20 Pick up , Van, Lorry, Cold truck.

 

PAYMENT BY THE CUSTOMER 

  1. The Customer may opt to pay for the Services rendered via cash or credit where it is available (“Paid by FoGoMove”). Please take note that if the customer opts to pay via “Paid by FoGoMove”, all payments due for the Services rendered will be in accordance to the agreed amount.
  2. FoGoMove may at its sole discretion suspend the processing of any transaction where there are reasonable grounds to believe that the customer is in breach of the Terms and Conditions between the customer and FoGoMove, the transaction involved may be unlawful and/or or fraudulent. As such, FoGoMove shall not be accountable for any delay, cancellation and/or suspension of any payment that may be due to you.
  3. Any complaints that the customer may have with regards to the services provided by you shall be dealt between you and the Customer directly.
  4. By engaging with our services, you hereby agree to comply with regards to any criminal investigations that may be required and to provide full cooperation with any internal investigations or legal requirements where applicable.

 

PROCEDURES TAKEN IN EMERGENCY

We are committed to assist our Drivers in all matters. Please let us know your emergency and our team will be in touch with you.

Please contact the relevant helplines should you require an immediate emergency response. Do notify the Company once the situation is under control and we will take the necessary steps required which includes cooperating with the relevant authorities.

 

CONTINUAL TRAINING AND QUALITY IMPROVEMENT

We at FoGoMove continually strive to provide improvement and quality service standards. Drivers shall be open and willing for further training and feedbacks.

FoGoMove has enforced a user and driver feedback mechanism, audit system and also an agent panel. We aim to work together with Drivers through training sessions, feedback provided, workshops etc. However, the results from this training sessions is highly dependable on the receptiveness of the Driver itself.

 

PROFESSIONAL AND QUALITY SERVICE

  1. You shall always ensure to provide the best and safe delivery services to customers and to ensure that the items delivered are in good condition. The safety of our Drivers, customers and the items delivered via our Platform is paramount to us.
  2. At FoGoMove, your safety is our utmost concern. Please contact us at helloenquiry@fogomove.com should there be any delivery requests that may appear to be suspicious.
  3. Drivers are strictly prohibited from having in possession any kinds of dangerous weapons in hand or in the Drivers vehicle for any sort of reason whatsoever.
  4. FoGoMove takes the conduct of reckless driving very seriously as it may endanger the lives of other road users and this includes disregarding the stipulated speed limit, using your mobile device without the hands free kit, failing to use the indicator when changing lanes or turning into a junction, driving against the traffic direction and also breaching other relevant traffic laws.
  5. Drivers shall always be dressed in a decent manner and ensure good etiquette and also to communicate to the customer, senders and or recipients in a cordial manner. Goods and/or items shall always be handled with care at all times.
  6. Drivers are strictly prohibited from driving without a valid driving licence, insurance coverage and/or business licences in providing hire-transportation services.
  7. Drivers shall not assign and/or transfer any jobs to other Drivers. We highly encourage not to cancel any orders unless there is an emergency. Please contact our Help Centre if you are unable to collect an order due to an emergency.
  8. We at FoGoMove highly encourage our Drivers to provide assistance with regards to loading and unloading of goods and/or items to the customers, senders, recipients including disabled users, senders and/or recipients provided that your health and safety is not at risk or compromised.
  9. Drivers shall concur to any reasonable requests made by the customers, recipients and or senders for instance rearranging the goods in the vehicle.
  10. FoGoMove does not condone the consumption and/or use of drugs and alcohol while using the Application which is against the law and a violation of FoGoMove’s safety guidelines and regulations. Please take note that open containers, cans and/or bottles of alcohols are strictly prohibited in the Driver’s vehicle. If there is reasonable suspicion to believe that the Driver may be driving and/or handling the vehicle under the influence of alcohol and/or drugs, the user shall have the right to refuse delivery and notify us at helloenquiry@fogomove.com.
  11. It is the Driver’s responsibility to maintain their vehicle in line with the safety regulations. Drivers shall undergo regular health check-ups as required or directed by FoGoMove.
  12. Drivers are not allowed to set their own rate for the fares charged per trip as it is unethical. Drivers shall obtain the fare from the customer in accordance to the agreed pricing as stated on the Platform itself.
  13. Drivers shall not engage in verbal disputes, use vulgar words, making threats, exhibit aggressive behaviours with the sender and/or users and/or the recipients of the goods and/or items. Never take matters to your hands if the situation is uncontrollable. Report the incident immediately and we shall take the necessary actions in resolving the dispute.
  14. Please take note that Drivers shall not refuse to provide Services based on the customer’s national origin, sexual orientation, race, religion, gender, disability or any other characteristic that are protected by law. Violation of this shall result in the termination of the Driver’s Account.

 

FoGoMove Driver/Rider Penalty Regulations

By using our Services, you hereby agree to be bound by our Penalty Regulations which is used to regulate the usage of our services and to ensure the overall satisfaction of all parties.

1. No Show

Driver that does not turn up at the location without a valid excuse or without informing our Help Centre shall be suspended for 3 days.

2. Stolen Goods

We do not condone any act of theft or act of stealing. We shall lodge a police report in the event an incident of theft had occurred and the Driver and/or rider will be banned. The remaining balance in the Driver and/or rider FoGoMove’s wallet balance will be forfeited.

3. Damaged Items

FoGoMove shall exercise its sole discretion in compensating the cost incurred for any damaged items. As such, a maximum of 70% of the total fare will be used to cover the cost of the damage incurred if it can be proved that the items had been damaged due to the reckless and/or negligent acts of the Driver and/or riders.

4. Late Collection for Scheduled Bookings

Please take note that any scheduled bookings that are picked up later than 30 minutes shall be notified to our Help Centre. The Driver and/or rider’s account shall be suspended for 1 day in the event the late delivery of the items was not brought to the attention of our Help Centre team.

5. Cancellation of Bookings

On-Demand Bookings: Please take note that the Driver is allowed to make up to 3 cancellations for every 50 bookings taken or in the event there is an emergency. FoGoMove reserves the right to suspend the Driver’s account for 3 days after the 3rd cancellation has been made by the Driver.

Scheduled Bookings: FoGoMove reserves the right to suspend the Driver’s account for 3 days in the event there is a booking cancellation by the Driver/rider that are made less than 4 hours prior to the scheduled booking.

6. Customer does not turn up

Drivers shall promptly notify our Help Centre team in the event the goods could not be delivered due to the customer not turning up. Our Help Centre will ensure that the customer is notified that the goods has been delivered and that the Drivers shall be paid.  Please bear in mind that the failure to notify our Help Centre team may result in the suspension of the Driver Account.