Terms and Conditions
1. Instructions
1.1. This "User Agreement" (hereinafter referred to as "Agreement") is a two-way agreement between service users (hereinafter referred to as "user" or "you") and MeMove (hereinafter referred to as "MeMove" or “Company” or “we” or “us”) regarding user downloads, installation and usage of "MeMove" software (including but not limited to the PC version and other versions of wireless headsets including mobile phones and PDA devices) as well as the use of "MeMove" mobility device rental system (including but not limited to "MeMove" mobility devices, "MeMove" ebikes, “MeMove” bicycle, "MeMove" card and other "MeMove" hardware).
1.2. "MeMove" software is developed and operated by MeMove and/or its designated partner, and will be released occasionally and at our discretion in accordance with the clauses of this Agreement and the operational rules issued occasionally and at our discretion. MeMove will Provide users with mobility device rental software services (hereinafter referred to as "software services") including but not limited to the Internet and mobile networks.
1.3. The "MeMove" mobility device system is served, deployed and operated by MeMove. In accordance with the clauses of this Agreement and the operational rules issued occasionally and at our discretion, MeMove will provide users with, but not limited to, rental services (hereinafter referred to as "mobility device rental services").
1.4. For the purpose of enhancing readability, "we" in this Agreement refers to the collective name of MeMove and/or its partners. "Related services" refers collectively to software services and mobility device rental services.
1.5. The release of informational details of deposits, top-up instructions, privacy policies, instructions for use and other statements in real time through the "MeMove" software, is an effective part of this Agreement and has the same legal effect as this Agreement.
1.6. In order to obtain relevant services, you should carefully read and fully understand all the terms of this Agreement (including all supplements and attachments). In particular, you should carefully read the exemption clauses on the exemption or limitation of our liability, the clauses on restriction of users' rights, the clauses on dispute resolution, the clauses on jurisdiction and the clauses on the application of law. If you do not accept any part or all of the Agreement, please do not use our related services. Any person without proper civic capacity is prohibited from using the following services. Any person with limited civic capacity for civil conduct shall, under the supervision of a legal guardian, read and understand the terms for the usage of the following services. Unless you accept all the terms of this Agreement, you do not have the right to use our related services. Your account's registration, login, and use of related services will be deemed as your acceptance of this Agreement and its terms.
1.7. We may revise or update this Agreement and related supplements, explanations, statements and other information occasionally at our discretion, and these will immediately replace the preceding Agreement and information. If you do not accept these updated terms of the Agreement, please immediately cease the use of related services. Should you continue using the related services, it will be deemed as you having fully accepted the amended terms of service.
2. Property Rights
2.1. "MeMove" software and "MeMove" mobility device rental system were developed by MeMove and/or its designated partners. All software and mobility device rental system copyrights, trademarks, patents, trade secrets and other intellectual property rights of the mobility device system, and all relevant information content, including but not limited to: written expressions and combinations, icons, graphics, charts, colours, interface design, layout framework, related data, printed materials, electronic documents etc., are subject to the Copyright Law of the People's Republic of China, Trademark Law, Patent Law, Anti-Unfair Competition Law, and corresponding international treaties and intellectual property laws and regulations. With the exception of software or technology authorised by third parties, MeMove and/or its designated partners possesses complete intellectual property rights over all components of the "MeMove" software and mobility device rental system. Without the written consent of MeMove, you may not implement, utilise, transfer or license any third party to implement, utilise or transfer the above the intellectual property rights for any for-profit or non-profit purpose. MeMove reserves the right to pursue any instance of unauthorised use.
2.2. MeMove owns the right to use the "MeMove" cycling system in Singapore, as well as the right of licensed users to use the "MeMove" mobility device system. Without the consent of MeMove, the "MeMove" mobility device system or any part thereof may not be transferred to any area in any way. Furthermore, without the written consent of MeMove, users shall not implement, utilise, transfer or license any third party to implement, utilise or transfer the above-mentioned property rights for any profit or non-profit purpose. MeMove reserves the right to pursue the above-mentioned unauthorised use of the "MeMove" cycling system in Singapore.
3. Software Services
3.1. The specific scope of the software services is provided by MeMove and/or its designated partners according to the actual situation. This will be based on the latest version of the "MeMove" service content and functions.
3.2. For the purpose of allowing users to use the related services, MeMove and/or its designated partners hereby grants users a free, non-exclusive licence each to install, use, display and operate the "MeMove" software on a single terminal device for non-commercial purposes (but no further licensing or sub-licensing is allowed). Without written consent of MeMove, users may not install the "MeMove" software on other terminal devices that are not expressly licensed by MeMove, including but not limited to set-top boxes, wireless Internet routers, game consoles, televisions etc.
3.3. When you download and install the "MeMove" software, and, upon following through the software prompts, complete all authentication procedures by filling in the required information, reading and agreeing to this agreement, you become a registered user of the "MeMove" software.
3.4. After the user has successfully registered, MeMove will give each user an exclusive and unique account. The right to use the account belongs only to the initial applicant registrant, and users are not allowed to donate, borrow, rent, transfer or sell these accounts. The user assumes the responsibility for the account, sub-account and password. With the exception of faults attributed to the company, the user fully assumes the responsibility for the account, sub-account and password, regardless of whether the activity causes any harm to the user or third parties.
3.5. If the user finds out that his account has been illegally used by others, he should promptly notify MeMove. Users should understand that the company requires a reasonable time for actions to be taken on the requests of users. Therefore, with the exception of the faults attributed to the company, MeMove does not take any responsibility for the consequences that have occurred before mitigation actions are set in motion.
3.6. If the user's registered free account contains a nickname, name or other submitted information which violates relevant laws and regulations or national policy requirements, or infringes upon the legitimate rights and interests of any third party, MeMove has the right to prohibit users from continuing the use of the account number, nickname or information.
3.7. Users may not install, use or run the "MeMove" software for commercial operations. They may not copy, change, modify, mount or create any derivative works based on "MeMove" software data, "MeMove" software data released into computer terminals during the running of the software, or data regarding client and server interaction. These forms include but are not limited to the use of plug-ins and non-authorised third-party tools and services to access "MeMove" software and related systems.
3.8. Users must follow the following principles while using the related software services:
3.8.1. Observe local laws and regulations
3.8.2. Comply with all network protocols, rules and procedures related to software services
3.8.3. Strictly no use of related software services for any illegal purpose
3.8.4. The use of related software services may not, in any form, infringe upon our commercial interests, including but not limited to the release of non-traditional commercial or non-commercial advertising
3.8.5. Not to use of the software service system to conduct any activities that may adversely affect the operation of the Internet or mobile network
3.8.6. Not to use of the software service system to upload, display or disseminate any false, harassing, slanderous, insulting, defamatory, intimidating, vulgar, obscene, or any other information material that violates public order, good practices, or is illegal
3.8.7. Not to infringe upon any third party's patent, copyright, trademark, reputation or any other legal rights and interests
3.8.8. Not to use the software service system to conduct any actions that are harmful to our interests.
3.9. MeMove reserves the right to review and supervise the use of software services by users (including but not limited to reviewing the content stored by users with MeMove). If the user violates any of the above requirements while using the software service system, MeMove has the right to either require the user to correct his actions, or directly implement necessary measures (including but not limited to changing or deleting the content uploaded, stored or published by the user, suspending, interrupting or terminating the user's right to use the software service) to reduce the impact of the user's misconduct (if there was any). In the case of third parties being affected by the user's own actions, the user shall bear the full responsibility and MeMove will not be responsible.
3.10. MeMove reserves the right to suspend, discontinue or terminate all or parts of the software service rights provided when it deems, at its sole discretion and where reasonably judged, that its interests are threatened (including but not limited to the user's violation of the principles under Article 3.8 of this Agreement). This can be implemented without prior notice to users, and MeMove shall bear no liability to the user or third parties. Should a user account be suspended, interrupted or terminated due to the reasons listed in this article, the user shall act in accordance with the instructions of the company, otherwise it will be deemed to be liable for breach of contract under this Agreement, and MeMove retains the right to pursue the legal responsibility of the user.
3.11. The user understands that MeMove only provides software services. Other costs incurred by related software services (such as personal computers, mobile phones, other devices related to access to the Internet or mobile networks) or related fees charged by third parties (including the mobile and roaming charges paid for mobile network and Internet access) shall be borne by the user.
3.12. In view of the unique nature of the software services and since no fees are charged for using the software services, the user agrees that the company has the right to change, discontinue or terminate some or all of the services at any time without giving prior notice to users. The user also agrees that MeMove bears no responsibility to any user or third party.
3.13. The user understands that MeMove needs to repair or maintain its software services platforms (such as Internet websites, mobile networks etc.) and related equipment on a regular or irregular basis. Should such a situation cause the service to be interrupted within a reasonable time frame, we do not need to bear any responsibility, but we should give advance notice bar certain exceptional circumstances.
4. Mobility device Services
4.1. The specific scope of the mobility device services is provided by MeMove according to the actual situation. This will be based on the latest version of the "MeMove" service content and functions.
4.2. MeMove reserves the right to require the user to pay a refundable amount (hereinafter referred to as "deposit") in order to use the mobility device service. The purpose is to encourage users to use our mobility device services in a correct, legal, civilised, and regulated manner. The details are as follows:
4.2.1. MeMove may exempts users from paying deposits at its own discretion.
4.2.2. MeMove may request additional deposit at any time from users who use our mobility device services incorrectly, illegally, or in other inappropriate manners.
4.2.3. The deposit collected cannot be used in place of trip fares.
4.2.4. The user can apply for the return of the original deposit at any time, after which the mobility device service will not be available to the user.
4.2.5. MeMove will process the refund immediately after the user submits a refund request, but the refund amount will arrive at a time corresponding to the different payment methods and internal processing of the bank or third party. It usually takes 14 working days for the refund to be processed.
4.3. The mobility device service provided by MeMove is a fee-based service, with the user required to pay a fee for using the fee-based service. For such fee-based services, MeMove will do its best to give the user a clear reminder before the user can use it. Only when the user confirms that he is willing to pay the relevant fees via a response to a prompt, will the user be able to use the fee-based service. MeMove reserves the right to refuse the provision of such fee-based services to a user if he does not agree to pay the relevant fees. The details are as follows:
4.3.1. The user needs to ensure a non negative standing account with a valid credit card bound in order to use the mobility device service.
4.3.2. The account balance will be invalidated in the following circumstances: the user actively cancels the user account; the user actively chooses to return the deposit (if any); the user account is frozen or closed due to suspected fraud; others scenarios, according to the user Agreement and related instructions, which prevent us from providing or disabling the service.
4.3.3. By using our mobility device services the user agrees that credit amount owed to MeMove or pending fines payable will be deducted from the user’s bound credit card after 1 day.
4.4. In line with the applicable laws and regulations, the final interpretation of the rules under this Agreement regarding deposits and payments shall be decided by MeMove.
4.5. In the absence of any special offers or promotional activities, MeMove charges a mobility device rental fee based on the time of rental. MeMove will make available different mobility devices models with different rental fees.
4.6. The calculation of the trip duration starts from the time you unlock the mobility device until it has been successfully returned. Failure to return will result in automatically renewal of the selected rental period.
4.7. MeMove will impose penalties for illegal parking of mobility devices in accordance with government regulations, including regarding the relevant specifics of implementation.
4.8. MeMove reserves the right to demand compensation for cases of theft or damages or lost of the mobility device.
4.9. When parking temporarily, please park your mobility device securely in public parking areas permitted by laws and regulations or local authorities. Do not park at places that will affect traffic and pedestrians.
4.10. The user understands that MeMove only provides mobility device services and that, apart from that, equipment costs associated with mobility device services (such as personal cycling equipment and fees related to Internet access or mobile networks) as well as related fees collected by third parties (such as charging of device, custodial fees and fines paid by users due to violation of the law during the use of mobility device services) shall be borne by the user themselves.
4.11. In view of the unusual nature of the mobility device service, the user agrees that MeMove has the right to change, discontinue or terminate part or all of the service (including fee-based and free services). If a free service is changed, discontinued or terminated, MeMove is under no obligation to notify the user nor does it have any legal responsibility towards any user or third party.
4.12. The modification of MeMove’s mobility device is not allowed. MeMove reserves the right to demand compensation if the user modifies the mobility device.
4.13. The user should only bring the device back to MeMove and its authorised partners for maintenance and related services. MeMove reserves the right to demand compensation if the device has been tampered, modified, services by an unauthorised party.
4.14. The user understands that MeMove needs to overhaul or undertake maintenance for the "MeMove" mobility device system on a regular or irregular basis. If such situations cause the fee-based service to be interrupted within a reasonable length of time, MeMove shall not bear any responsibility. However, with the exception of some extraordinary circumstances, announcements will be made in advance.
4.15. The user who uses the mobility device service must be a healthy person who meets the age requirement, legal requirement and license, and physical conditions for usage of the mobility device. Users who have the following health conditions, including but not limited to epilepsy, heart disease, hypertension, temporary dizziness, visual impairment, hearing disorder, disability, and other chronic illnesses including but not limited to drunkenness or intermittent mental illnesses, may not use the mobility device service. Otherwise, the responsibilities and consequences shall be borne by the user.
4.16. MeMove cannot guarantee in real-time that all equipment under the "MeMove" mobility device system is running smoothly without fault. The user should still take reasonable care and conduct basic inspection before using or returning the mobility device, including but not limited to checking if the mobility device has been damaged. Pay special attention to whether the handlebar is tight and rotates flexibly, whether the brake is effective, and whether the body of the frame is damaged. For mobility devices found to contain faults (regardless of whether discovered before unlocking or mid-trip), use of the mobility device should be ceased. In addition, the user should notify MeMove immediately.
4.17. Users should consciously abide by relevant laws and regulations, and obey the instructions and management guidelines by the traffic police. If the user is subjected to penalties or other punishments meted out by the government for illegal cycling, use or parking of mobility devices, we may stop providing mobility device services to the user, with these restrictions either temporary or permanent, according to the severity of circumstances. In the event of a traffic accident during a user's ride, the user shall cooperate with the government department in accordance with relevant regulations. We recommend that users purchase suitable personal safety insurance in case they need it. If the user unfortunately meets with an accident, we will not bear any legal responsibility unless the user can prove that the accident is caused directly due to the inherent defects of the mobility device itself.
4.18. It is forbidden to ride the mobility device to fetch another person, otherwise any personal injury or mobility device damages will be borne by the user. In the event of dangerous weather such as typhoon, heavy rain, snow or ice, or in situations when safe and legal riding cannot be ensured, users should immediately cease usage.
4.19. If a user has a dispute with a third party regarding the use of a mobility device, the issue shall be resolved by the parties themselves. We do not bear any relevant obligations regarding compensation. If losses are inflicted upon us, the user shall be liable for compensating us.
4.20. For your safe use of the mobility device service, we remind you to pay special attention: the general maximum load of the mobility device is 100kg and the maximum load of the basket (if any) is 5kg.
4.21. The user should take care of the mobility device and use it reasonably, normally and safely. The user has to compensate MeMove for all losses arising from mishandling if the mobility device is lost, stolen, destroyed, partially damaged etc, such that its normal functions are compromised.
4.22. We are not responsible for the personal care of the goods. The user should check whether his or her personal belongings are missing before returning, charging, returning, parking, etc of mobility devices.
5. User Data and Privacy Policy
5.1. All registration information provided to us by you shall be true, complete, accurate and valid. If the information changes, you need to update the information in a timely manner. We will conduct checks on the information submitted from time to time. You need to provide the most recent, accurate and complete information.
5.2. We will review the authenticity and legitimacy of the information submitted by you and may raise reasonable doubts, questions or deny your registration if we deem that the information provided is insufficient and no reason will be given if we reject your registration. In the event the registration fails, you may resubmit a new registration through the same channel.
5.3. Protecting user privacy data according to the law is one of our primary policy. We will not disclose or provide your personal information to third parties or related personal information protected by law, except in the following cases:
5.3.1. with prior explicit consent from the user;
5.3.2. in accordance to the relevant laws and regulations;
5.3.3. in accordance with the requirements to regulatory authorities, statutory bodies or public agencies to comply with their requirements, polices and directives;
5.3.4. in accordance to the judgement, ruling or order by the Court;
5.3.5. for safeguarding our lawful rights or public interests;
5.3.6. for investigation (eg.criminal) by regulatory authorities, statutory bodies or public agencies.
5.4. You understand and agree that we may work with third parties to provide users with relevant services, in which case, if such third party agrees to assume the same responsibility for protecting the privacy of users as we do, we reserve the right to provide your personal information and other information provided to the third party for the purpose of providing services to you.
5.5. Without disclosing the privacy information of individual users, we have the right to analyse the entire user database and make commercial use or big data development and application of the user database. The user agrees and accepts our updated privacy policy from time to time. If you do not accept the current or updated privacy policy, they should stop using the service immediately.
5.6. Except for personal registration information, regarding the information provided by you such as text, pictures, videos, audio, etc., you agree to grant us worldwide license and without any payment or payment-in-kind the right to store, use, copy, modify, publish, display, translate, or distribute these information and incorporate into known or future works.
5.7. The User agrees to accept various commercial advertisements or any other types of commercial information that we deliver in any way during the provision of Services, and the user agrees to accept the goods and services that we send to the user by email or otherwise other related commercial information.
6. Disclaimer
6.1. We provide no warranty regarding aspects of related services, including but not limited to their timeliness, security and accuracy, and any direct, indirect, incidental, special or consequential circumstances arising out of the use or inability to use these services. We shall not accept any responsibility for the damage and risks.
6.2. The user understands and agrees that we are not responsible for interruptions to the service arising due to the following factors, as we are not at fault: force majeure, computer virus, hostile hacking attack, system instability, user location, user shutdown, and any other reasons related to the network, technology, communication line etc.
6.3. The user agrees that we do not accept any liability for the quality defects of the following products or services that we provide to our users, nor for any damages (if any) incurred:
6.3.1. Any free or trial service we provide to users.
6.3.2. Any product or service we gift to users.
6.3.3. Any product or service we provide to users who paid fees for network services.
6.4. We reserve the right to suspend, discontinue or terminate the provision of the services under this Agreement at any time, including but not limited to fee-based and free services (including free services based on advertising business models), in any of the following circumstances, with us assuming no liability to the user or third party:
6.4.1. There is a problem with the authenticity, completeness, accuracy, legality and validity of the personal data provided by the user.
6.4.2. The user violates the account management and mobility device usage rules or other clauses specified in this Agreement.
6.4.3. The user did not pay the corresponding service fees to MeMove when using our services.
6.4.4. The user's actions involved breaking the law or infringing upon a third party's or our legal rights.
6.4.5. An effective order, judgement, ruling or decision is made by a jurisdictive court or government agency.
6.5. The user agrees that the mobility device service provided by MeMove is subjected to local traffic laws and regulations; that is, when the scope, function, content and traffic regulations of the mobility device service come into conflict with local traffic laws and regulations, the local traffic laws and regulations form the highest standards and are to be followed. Any adverse or consequential liability arising from any direct or indirect violation of applicable local traffic laws and regulations during the use of the mobility device services shall be borne solely by the user. Should there arise a need for proof to be provided, we are obliged to provide relevant data to the relevant government departments to co-operate with the government's investigation.
6.6. The user understands the importance of safe riding and guarantees that the relevant services will not be used in any situation that may cause a safety hazard, and agrees that we will not accept any responsibility for traffic accidents and other disputes, arising in the process of using the related services, due to reasons unrelated to us.
6.7. The user fully understands and acknowledges the importance and necessity of any and all agreements relating to the legal and safe use of the services under this Agreement and agrees that we are free from any liability, arising out of or in connection with the user's breach of this Agreement, regarding claims, penalties, liabilities, expenses or losses (including but not limited to third party claims), unless otherwise stated in this Agreement, or if evidence is presented that we are behind a major fault.
7. Liability for Breach of Contract
7.1. If the user violates any relevant laws, regulations or terms of contract because of us, causing damage to the user, we agree to bear the liability for breach of contract.
7.2. The user agrees to protect and safeguard the interests of us and other users. If the user violates the relevant laws, regulations or terms of this Agreement and causes losses to us or any other third party, the user agrees to bear the liability for breach of contract. This includes, but is not limited to, indemnifying us from all direct or indirect damages (including any direct economic losses, loss of commercial goodwill and external payments including compensations, settlements, attorneys' fees and legal fees etc).
8. Agreement Change and Termination
8.1. In light of the rapid development and changes in the Internet services market and related fields, users understand and agree that MeMove reserve the right to modify any term of this Agreement at any time. Once the content of this Agreement is published (including but not limited to the updated version of the Agreement, the supplementary Agreement, the new annex of the Agreement etc.), we will directly use the revised content on the website or "MeMove" software. We shall be deemed to have notified the user of the revised content with the announcement. At the same time, we can also prompt the user to modify the content in other appropriate ways.
8.2. We reserve the right to terminate this Agreement unilaterally in any of the following circumstances:
8.2.1. The user has seriously violated the clauses of this Agreement, or repeatedly violated the clauses of this Agreement.
8.2.2. There is an abnormality in the user's behaviour, such that we are able to reasonably suspect that the users may be violating the law or clauses of this agreement, and that, if the agreement is not terminated, it may adversely affect us, other users, public order or public interest.
8.2.3. The user is stealing other people's accounts and publishing sensitive information.
8.2.4. Other circumstances in which this Agreement should be terminated.
8.3. Upon termination of this Agreement, we are not obligated to disclose any information from the User Account to the user or designated third parties, otherwise expressly set out by the law. After the termination of this Agreement, we still have the following rights:
8.3.1. Continue to retain various types of information saved by the user in the "MeMove" software
8.3.2. If the user has previously breached the contract, we can still pursue liability in accordance with this agreement.
9. Notification Service
9.1. Under this Agreement, we will send notifications to users via webpage announcements, in-software announcements, e-mails, SMS messages or regular mail deliveries. Apart from regular mail deliveries, which are postmarked with the dates of delivery, all other notifications are deemed to have been delivered to the recipient on the sending dates.
9.2. The user should contact us via official communication channels such as our mailing address and email address.
10. Dispute Resolution and Applicable Laws
10.1. The consensus, execution and interpretation of this Agreement, as well as the resolution of disputes regarding this Agreement, involve the applicable Singapore laws on software services and are subject to the jurisdiction of Singapore courts. The consensus, execution and interpretation of this Agreement, as well as the resolution of disputes regarding this Agreement, involve the application of local laws for mobility device services and are subject to the jurisdiction of the local courts.
10.2. In the event of any dispute between the parties regarding the content of this Agreement or its execution, the parties shall try to resolve it through friendly negotiation. If the negotiation fails, either party may file a lawsuit in the relevant court.
11. Other Regulations
11.1. If any clause of this Agreement is wholly or partially invalid or unenforceable for any reason, it does not affect the validity of the other terms of this Agreement. Under such circumstances, the parties should negotiate and determine new legal terms to ensure the maximum realisation of the original terms. The headings in this Agreement are for convenience only and should not be construed as limiting the interpretation of this Agreement.
11.2. Any party that forfeits or delays the exercising of all or part of its rights under this Agreement shall not be deemed to have forfeited any other rights or similar rights under this Agreement.
11.3 MeMove may assign or transfer these Terms in whole or in part, including to:
11.3.1. a subsidiary or affiliate;
11.3.2. an acquirer of MeMove’s equity, business or assets; or
11.3.3. a successor by merger
11.4. This Agreement constitutes the entire agreement between the parties regarding the content of this Agreement. All other unanimous agreements existing prior to the signing of this Agreement, whether verbal, in writing or otherwise, are now invalid.