1.1. These General Purchase Order Terms and Conditions shall apply and be interpreted as an integral part of all purchase orders which Morefun (defined as the Morefun or Delivery Partner entity specified in the Purchase Order) concludes with the Merchant (defined as the merchant specified in the Purchase Order), henceforth referred to as the ”Agreement“. Contradictory general business terms of the Merchant or those which deviate from these terms and conditions will not become part of the Agreement, even if they appear in quotations or order confirmations and are not objected to. These General Purchase Order Terms and Conditions shall also apply to all future deliveries.
1.2. In the event of a conflict or inconsistency between any purchase order or contract concluded between Morefun and the Merchant and these General Purchase Order Terms and Conditions, the former shall prevail.
2.1. The Supplier shall perform the services and complete the supply of all goods in accordance with the terms of this Agreement.
2.2. The Supplier shall be an independent Supplier and shall not be an agent, partner or employee of Morefun. For the avoidance of doubt, the Supplier is not authorised to make or enter into any commitments or agreements for or on behalf of Morefun.
2.3. The Supplier also confirms that it is acting on its own behalf and not for the benefit of any other person. For the purposes of this clause and this Agreement, a “person” includes an entity, corporation or association, incorporated or unincorporated.
2.4. This Agreement: (a) shall come into force and commence on the date the Supplier received the purchase order provided that the goods and services may be required from or on other dates as may otherwise be set out in the requirement specifications or the purchase order; and (b) shall, unless terminated, expire after the complete performance of all services and the complete supply of all goods required.
2.5. The Supplier shall do all things which are necessary or reasonably to be inferred from this Agreement even if not expressly provided for.
3.1. The Supplier shall provide the goods and services with reasonable care, skill and diligence.
3.2. All goods supplied under this Agreement shall be new and unused or made of new and unused materials unless expressly agreed to in writing by Morefun.
3.3. The Supplier shall, at its own expense, pack, load, and deliver the goods or service deliverables to the delivery address specified in the purchase order (“Delivery Point“) and in accordance with the invoicing, delivery terms, shipping, packing, and other instructions in the purchase order or otherwise provided to the Supplier by Morefun in writing. No charges imposed by the Supplier will be allowed for freight, transportation, insurance, shipping, storage, handling, demurrage, cartage, packaging or similar charges unless provided for in the applicable purchase order or otherwise expressly agreed to in writing by Morefun.
3.4. Time is of the essence for all time, dates and periods specified in this Agreement or substituted for them. The Supplier shall perform the services or supply the goods within any timelines or deadlines set out in this Agreement or as otherwise agreed in writing between the parties.
3.5. The Supplier shall, at no extra charge, collaborate and work closely with such other supplier(s) as Morefun may appoint in relation to the exhibition, event, activity or project related to this Agreement.
3.6. The Supplier shall not deliver any goods or service deliverables without obtaining written acknowledgement of receipt from Morefun.
3.7. Morefun shall have seven (7) days from the date of its written acknowledgment of receipt to inspect the goods or service deliverables. During this period, Morefun shall have the right to reject the goods or service deliverables if they are damaged, deficient, defective, inferior to approved samples or otherwise failing to conform to the requirements in this Agreement. Morefun is deemed to have accepted the service deliverables and goods that are not rejected.
3.8. Where the goods or service deliverables are rejected as being damaged, deficient, defective, inferior to approved samples or otherwise failing to conform to the requirements in this Agreement, the Supplier shall, at its own costs and without prejudice to the timelines or deadlines to be met under this Agreement, remove, repair, replace, re-perform and/or take such corrective action as may be required to enable the goods or service deliverables to conform to the requirements in this Agreement, to Morefun’s satisfaction.
3.9. Where the Agreement is awarded based on a specified brand(s) or model(s) of goods as set out in the purchase order or as provided as samples (during the quotation process or under this Agreement), the specified brand(s) or model(s) of goods must be supplied. No different brand(s) or model(s) of goods shall be accepted unless there is prior written consent from Morefun to replace the specified brand(s)/model(s) of goods where: (a) the specified brand(s) or model(s) of goods is discontinued by the manufacturer and written documentation of this is provided to Morefun’s satisfaction; and (b) the replacement brand(s) or model(s) of goods provide the same or better functionality and performance as the specified brand(s) or model(s) of goods.
4.1. Payment shall be made within thirty (30) days from the date of receipt of invoice of any goods delivered or services performed unless otherwise agreed in writing.
4.2. The invoice shall be sent electronically by stating the purchase order and cost center numbers and by attaching a copy of the delivery note or service completion form acknowledged by Morefun to the email address stated in the PO.
4.3. Payments made to the Supplier shall not: (a) be considered evidence of the quality of any goods or services (including service deliverables) to which such payments relate; and (b) prejudice any of Morefun’s other rights under this Agreement to reject goods or services (including service deliverables) and the corresponding rights to obtain replacement of goods or re-performance of the services (including service deliverables) either by the Supplier or otherwise.
4.4. Without prejudice to Morefun’s other rights under this Agreement, where the Supplier owes Morefun any payment or debt under this Agreement, Morefun hall have the right to: (a) deduct the amount of payment or debt owed by the Supplier to Morefun from any monies payable by Morefun to the Supplier under this Agreement; or (b) withhold any monies payable by Morefun to the Supplier under this Agreement until the payment or debt owed by the Supplier is satisfied.
4.5. Morefun shall not have to pay for any expenses or costs of whatever nature other than those expressly set out under this Agreement.
4.6. Unless otherwise agreed to in writing by Morefun, payment shall be made by electronic bank transfer. The Supplier shall provide Morefun with all bank account information reasonably required by Morefun to make such payment. The Supplier shall have no recourse against Morefun in respect of any delay in payment attributable to the Supplier’s refusal or delay in the provision of its bank account information to Morefun. Each Party shall bear their own bank charges.
5.1 MOREFUN PAY POLICY Please read and understand Morefun’s refund policy before any purchase. We strictly do not accept change-of-mind returns or exchanges - there are no exceptions to this. NO REFUNDS Refunds will not be provided for any top up transactions made. Morefun Mobile App Sdn Bhd reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another. RIGHT OF ORDER CANCELLATION No cancellation can be made once your order is accepted by the merchant. You must notify Morefun immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, eg. because preparation of food delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. Morefun will not be responsible for any order that has already been dispatched. PAYMENT COLLECTION Morefun Mobile App Sdn BHd is authorised to collect payment on behalf of the restaurant. DELIVERY The estimated time of delivery of an order is one hour and the order is delivered via Morefun Ryders.
5.2 Refund Policy A refund (on the original amount paid for the returned item) will only be available if your returned item is out-of-stock or there is a duplicated transaction. Shipping costs are non-refundable. If you refund request is approved, it will be processed, and a credit will automatically be applied to your Morefun wallet, within 14 working days. Refunds are only accepted for spoilt goods or items not received. To be eligible for a refund:
Proof of purchase (Sales invoice or receipt)
Product must be in complete condition (free gifts, accessories, original packaging).
6.1. Any person who is not a party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act, (Cap. 53B) of Singapore, to enforce any of its terms.
7.1. Morefun shall have the right to cancel individual or outstanding partial deliveries without any obligations whatsoever if the Supplier breaches an essential provision of the Agreement, including but not limited to any changes in quality, the presence of defects or late deliveries.
7.2. In the event of a cancellation, the Supplier will be liable for all disadvantages (including any loss and damage) suffered by Morefun arising from the cancellation including consequential damages. Without limitation, Morefun shall be entitled to a subsequent procurement at the costs of the Supplier without having to obtain offers from other suppliers.
7.3. Should a contract that was concluded between the Morefun and its customer, as a basis for this Agreement, be dissolved, Morefun is also entitled to cancel the delivery or the outstanding partial deliveries.
8.1. Unless otherwise stated in a purchase order, all prices or other payments stated in the purchase order are exclusive of any taxes. Supplier shall separately itemise all applicable taxes each on each invoice and indicate on each invoice its applicable tax registration number(s). Morefun will pay all applicable taxes to the Supplier when the applicable invoice is due. The Supplier will remit all applicable taxes to the applicable government authority as required by applicable laws.
8.2. The Supplier shall be responsible for all corporate and personal income taxes, customs fees, duties, fines, levies, assessments and other taxes payable by the Supplier or its employees. If Morefun receives a request from the tax authorities to pay on behalf of the Supplier and/or the Supplier’s employees, or to withhold payments from the Supplier in order that Morefun may subsequently so pay, any of the said taxes, fees, duties, fines, levies and assessments, the Supplier authorises Morefun to comply with the terms of the said request.
8.3. If the Supplier is a taxable person under the Goods and Services Tax Act (Cap. 117A) of Singapore, Morefun shall pay to the Supplier the Singapore Goods and Services Tax chargeable on the supply of goods and services to Morefun.
8.4. The Supplier shall submit a copy of its Goods and Services Tax registration certificate if requested by Morefun.
9.1. The Supplier shall not sub-contract or assign the whole or any part of this Agreement without the written consent of Morefun. The Supplier shall be fully responsible for all acts or omissions of any sub-suppliers or assignees and the acts or omissions of any such third parties shall be deemed to be the acts or omissions of the Supplier.
9.2. Morefun may assign or novate this Agreement or any part thereof to its affiliated companies or any third party. The Supplier hereby gives its consent to any future assignment, novation or transfer of this Agreement initiated by Morefun.
10.1. Morefun shall be entitled to rescind and immediately terminate this Agreement or cancel any part of the goods or services ordered by issuing written notice to the Supplier in the following circumstances: (a) if any declaration or submission made by the Supplier regarding the goods or services (including service deliverables) offered is discovered to be false; (b) if the Supplier commits any breach of the warranties, terms and conditions in these terms and conditions or default in its performance of this Agreement; (c) any mortgagee, chargee or encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the Supplier; (d) the Supplier makes any voluntary arrangement with its creditors or becomes subject to an administration; (e) an order of court is made to wind up the Supplier or to place it under judicial management or a resolution is passed by the members of the Supplier for its winding up or liquidation; (f) any distress or execution is levied or enforced in relation to any of the assets of the Supplier; or (g) the Supplier ceases to carry on business or becomes insolvent.
10.2. Without prejudice to Morefun’s right to terminate under Clause 9.1(b), if the Supplier commits any breach of the warranties, terms and conditions in these terms and conditions or default in its performance of this Agreement, Morefun may in its absolute discretion issue a written notice of breach or default to the Supplier informing the Supplier of its breach or default. The Supplier shall, within seven (7) days of the date of the notice of breach or default, remedy the breach or default to Morefun’s satisfaction or otherwise propose a solution that is accepted by Morefun in writing.
10.3. The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same exte
10.4. Morefun shall be entitled to terminate this Agreement in respect of all or part of the goods or services by providing reasonable sum for and accepted delivery of all finished goods manufactured by the Supplier and any services (including service deliverables) rendered up to the date of termination. For avoidance of doubt, Morefun may terminate the purchase order without cause at any time and without being subject to any liability for any damages.
10.5. For avoidance of doubt, the termination or cancellation of this Agreement shall take effect from the date of the written notice issued and Morefun shall not be liable to the Supplier for any damages or compensation.
10.6. In the event of termination under this Agreement for any reason: (a) the Supplier shall cease work forthwith or as soon as practicable and without undue delay, take such steps that are necessary to bring an end to the services which are terminated and to reduce expenditures to a minimum. Morefun shall not be obliged to make any payment in respect of or incidental to work which the Supplier has not yet proceeded with at the date of termination; (b) the Supplier shall refund to Morefun on a pro-rata basis, all payments made in advance or previously paid to the Supplier under this Agreement for the periods for which the relevant services have not yet been carried out under this Agreement provided always that such refunds as aforesaid shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to Morefun as a result of the termination of this purchase order due to the Supplier’s breach; and (c) Morefun shall have the right to purchase from other sources any part of the goods which is defective at the time of termination or similar goods if it remains undelivered at the time of termination and similar services which have not been performed, and in the event of termination of this Agreement for cause by Morefun, any increased costs shall be deducted from any moneys due or to become due to the Supplier or shall be recoverable as damages.
10.7. Clauses 13, 14, 18 and 23 shall survive the expiration or termination of this Agreement.
11.1. “Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation: (a) acts of God, fire, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic, whether it has been declared by the World Health Organisation; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing a nation-wide quarantine, an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; (f) collapse of buildings, fire, explosion or accident; (g) any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party); (h) interruption or failure of utility service; or (i) any other similar events beyond the parties’ reasonable control which affects the general public.
11.2. If a party is directly prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (“Affected Party“), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations, provided it has complied with Clause 10.4 and the failure or delay could not have been prevented by reasonable precautions. The time for performance of such obligations shall be extended accordingly.
11.3. The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
11.4. The Affected Party shall: (a) as soon as reasonably practicable after the start of the Force Majeure Event but no later than seven (7) days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and (b) use all reasonable endeavours to perform its obligations under this Agreement or to mitigate the effect of the Force Majeure Event on the performance of its obligations.
11.5. If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than thirty (30) days, either party may terminate this agreement by giving seven (7) days’ written notice to the other party without being liable therefore in damages or compensation.
12.1. No variation of this Agreement shall be effective unless it is in writing and signed by the Supplier and the authorised signatory of Morefun.
13.1. The Supplier shall, at its own costs, obtain and maintain all licences, permits, authorizations or certifications required without any restrictions or qualifications whatsoever to enable the Supplier to fulfil all its obligations under this Agreement. 13.2. The Supplier shall ensure that it adheres to all government regulations throughout the duration of this Agreement.
14.1. The Supplier agrees to indemnify and keep indemnified Morefun, its subsidiaries and affiliates and each of their employees, directors, officers and representatives from and against all claims, cost, damages, debt, expense, liability, loss, suit, action, demand, cause of action, proceeding or judgment of any kind which are made or brought against or suffered or incurred by Morefun and arise directly and/or indirectly out of or in connection with any act or omission or otherwise in the performance of this Agreement by the Supplier.
14.2. In the event of Morefun (including its subsidiaries and affiliates and each of their employees, directors, officers and representatives) being held liable for damages arising out of any claim by any agent, workman or employee employed the Supplier or any sub-suppliers engaged by the Supplier for the performance of this Agreement, the Supplier shall indemnify Morefun against such claim and any related costs, charges and expenses incurred by Morefun, provided that the same is not caused by the gross negligence or wilful default of Morefun, its employees or agents.
15.1. Except with the written consent of Morefun or where such information is publicly available, the Supplier shall not disclose this Agreement or any of its provisions, or any purchases made under this Agreement or any information issued or furnished by or on behalf of Morefun in connection with this Agreement to any person.
15.2. In addition, the Supplier shall not make use of any information obtained directly or indirectly from Morefun or compiled or generated by the Supplier in the course of this Agreement which pertains to or is derived from such information, other than use for the purposes of this Agreement, without the prior written consent of Morefun.
15.3. The Supplier shall not publish or release, nor shall it allow or suffer the publication or release of, any news item, article, publication, advertisement, prepared speech or any other information or material pertaining to any part of the obligations to be performed under the Agreement in any media without the prior written consent of Morefun. For the avoidance of doubt, this restriction includes any citation that Morefun is or was a customer of the Supplier.
15.4. Where the Supplier has access to or receives Personal Data (as defined at Clause 14.6) from Morefun: (a) The Supplier represents and warrants to Morefun that it shall at all times comply with the requirements of the Personal Data Protection Act of Singapore 2012 (“PDPA“) in respect of the Supplier’s collection (if applicable), use, processing, disclosure (if applicable), protection, retention and other handling of such Personal Data, and the Supplier undertakes to continue to comply with the aforesaid requirements of the PDPA in respect of such Personal Data; and (b) The Supplier shall not transfer any such Personal Data outside Singapore without express written consent from Morefun.
15.5. To the extent that the Supplier discloses Personal Data to Morefun, the Supplier undertakes to Morefun that, by the time of such disclosure: (a) the Supplier will have obtained all the necessary consents from the relevant individuals to whom the Personal Data relates, for the disclosure of their Personal Data to for Morefun’s collection, use and/or disclosure for the purposes of this Agreement; and (b) such consents have not been withdrawn.
15.6. ” Personal Data” means data, whether true or not, about an individual which can be identified: (a) from that data or a combination of different data; and (b) from that data and other information to which the Supplier has or is likely to have access.
16.1. Morefun shall appoint one or more persons to supervise and liaise with the Supplier for the purposes of this Agreement. The Representative(s) shall be as named in the Requirement Specifications, purchase order or otherwise through written notifications.
16.2. All instructions, directions, notices, consents, approvals or waivers that may be given at Morefun’s discretion under this Agreement shall not be binding on Morefun unless given in writing or under the hand of the Representative(s).
16.3. For the avoidance of doubt, the Representative(s) cannot vary this Agreement, waive any provision of this Agreement or consent to any departure unless the Representative(s) concerned are also authorized signatories as required under Clauses 11 and 17.
17.1. The provisions of this Agreement and each of the rights and remedies of Morefun under this Agreement are cumulative and are without prejudice to one another and are in addition to any rights or remedies Morefun may have in law or in equity. No exercise by Morefun of any one right or remedy shall operate to hinder or prevent the exercise by it of any other right or remedy.
18.1. No waiver of any provision of this Agreement nor consent to any departure by the Supplier therefrom, shall in any event be of any force or effect unless the same shall be confirmed in writing, signed by the authorised signatory of Morefun, and then such waiver or departure shall be effective only to the extent for which it may be made or given. No failure or delay by Morefun to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
19.1. Product Warranties. The Supplier warrants to Morefun that all goods supplied are: (a) of merchantable quality; (b) fit for the purposes intended; (c) unless otherwise agreed to by Morefun, new and unused or made of new and unused materials; (d) free from defects in design, material and workmanship; (e) in strict compliance with the specifications; (f) free from any liens or encumbrances on title whatsoever; (g) in conformance with any samples provided to Morefun; and (h) compliant with all applicable international, federal, state and local laws, rules, regulations, standards, and codes including but not limited to those pertaining to safety, health and environmental requirements.
19.2. Service Warranties. The Supplier shall perform all services: (a) exercising that degree of professionalism, skill, diligence, care, prudence, judgment, and integrity which would reasonably be expected from a skilled and experienced service provided providing services under the same or similar circumstances as the services under this Agreement; (b) in accordance with all specifications and all Morefun policies, guidelines, by-laws and codes of conduct applicable to the Supplier; and (c) using only personnel with the skills, training, expertise, and qualifications necessary to carry out the services. Morefun may object to any of the Supplier’s personnel engaged in the performance of services who, in the reasonable opinion of Morefun, are lacking in appropriate skills or qualifications, engage in misconduct, constitute a safety risk or hazard or are incompetent or negligent, and the Supplier shall promptly remove such personnel from the performance of any services upon receipt of such notice, and shall not re-employ the removed person in connection with the services without the prior written consent of Morefun. Supplier shall ensure that any replacement personnel have appropriate skills and experience to complete those services.
19.3. Intellectual Property Warranty. The Supplier warrants to Morefun that all goods and/or services (including service deliverables) supplied do not violate of or infringe any intellectual property rights of any person.
19.4. Manufacturer’s Warranties. Supplier shall assign to Morefun all manufacturer’s warranties for goods not manufactured by or for Supplier and shall take all necessary steps as required by such third-party manufacturers to effect assignment of such warranties to Morefun.
19.5. Right to inspect and test. Morefun shall have the right to inspect and test all goods and/or services supplied at a time, place and manner as Morefun deems fit, but shall not be obliged to do so.
20.1. The title and risk of loss or damage to the goods shall remain with the Supplier until the goods are delivered to the Delivery Point and received by Morefun with written acknowledgment of receipt.
20.2. Where any goods are received by the Supplier for the purpose of modification, replacement, repair or rectification, the Supplier share bear the risk of loss or damage of these goods from the time the goods are received by the Supplier and until the goods are delivered and received by Morefun with written acknowledgement of receipt.
21.1. Any provision of this Agreement that is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting the validity, legality or enforceability of any other provision of this Agreement.
22.1. All notices or other communications required or permitted to be given or made in connection with this Agreement shall be in writing in English and delivered electronically, personally or sent by registered post or courier to each party at the address set out in this Agreement or such other address as a party may substitute from time to time by giving notice to the other party in writing.
23.1. The Supplier shall not offer, promise or provide to any employee of Morefun with any of the following: cash, commissions, kickbacks, favours, gratuities, entertainment or anything of value. The Supplier understands and acknowledges that Morefun’s employees are similarly prohibited from soliciting or receiving any payments or favours from the Supplier.
23.2. This restriction extends to any business associates or family members of the Supplier’s and Morefun’s employees, or with any other persons with whom the Supplier has or Morefun’s employees have significant business or personal relationships in exchange for obtaining or retaining Morefun’s business.
23.3. The Supplier shall commit to the Supplier’s Code of Conduct accessible at https://www.deliveryhero.com/supplier-code-of-conduct/ and the Supplier shall act in accordance with it.
24.1. Where applicable, all intellectual property rights in any materials or documents created or commissioned by the Supplier for Morefun pursuant to and/or for the purpose of delivering the goods and/or performing the services under this Agreement (“Materials“) shall belong to Morefun.
24.2. The Supplier shall do all things necessary to carry out the necessary transfer, assignment or other assurance for the intellectual property rights in all the Materials to vest in Morefun when requested by Morefun to do so. The Supplier further warrants that it shall have the authority to carry out the necessary transfer, assignment or other assurance as aforesaid.
24.3. Unless otherwise agreed in writing between the parties: (a) where the production of any of the Materials includes any pre-existing intellectual property rights owned by the Supplier, the Supplier hereby grants to Morefun a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right and license to use the Supplier’s intellectual property for Morefun’s own purposes and/or in connection with Morefun’s business; and (b) where third party content comprising pre-existing intellectual property rights is included in the production of any of the Materials, the Supplier shall negotiate a grant of the required usage rights at either no additional charge or pre-agreed cost to Morefun.
25.1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
26.1. This Agreement and all matters arising from or in connection with it, shall be governed by and construed in accordance with, the laws of Singapore under the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the Parties hereby submit to the exclusive jurisdiction of the Singapore courts.
26.2. Any dispute arising out of or in connection with this Agreement must first be submitted for mediation at the Singapore Mediation Centre (” SMC“) in accordance with SMC’s Mediation Procedure in force for the time being. Either Party may submit a request to mediate to SMC upon which the other Party will be bound to participate in the mediation within thirty (30) days thereof. Every Party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
“Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information, employment information and financial information.
27.1. Collection Of Personal Data We collect Personal Data about you in the ways listed below. We may also combine the collected Personal Data with other Personal Data in our possession. If you have or are a party to multiple relationships with us (for example if you use our Services across our various business verticals, or if you are both a driver partner/delivery partner as well as a passenger on our transport vertical or a customer on our other business verticals), we will link your Personal Data collected across your various capacities to facilitate your use of our Services and for the Purposes described below.
27.2 You provide your Personal Data to us We collect your Personal Data when you voluntarily provide it to us. For example, you may provide your Personal Data to us when you: (a)complete a user profile or registration forms (such as your name, contact information and other identification information where needed); (b)interact with our social media pages (such as your social media account ID, profile photo and any other publicly available data); (c)participate in contests or events organised by us (such as the pictures, audio files, or videos you may submit, which may include images of yourself); (d)verify your identity through various means (such as social media logins, submission of selfie images or independently verified payment card information); (e)fill up demographic information in surveys (such as your age, gender, and other information you may volunteer such as your marital status, occupation and income information); and agree to take a ride with in-vehicle audio and/or video recording features.
27.3 In certain circumstances, you may need to provide your Personal Data in order to comply with legal requirements or contractual obligations, or where it is necessary to conclude a contract. Failure to provide such Personal Data, under such circumstance, may constitute failure to comply with legal requirements or contractual obligations, or inability to conclude a contract with you, as the case may be.
27.4 When our services are used personal Data may be collected through the normal operation of our Apps, Websites and Services. Some examples are: (a)your location (to detect pick-up locations and abnormal route variations); (b)feedback, ratings and compliments (c)transaction information (such as payment method and distance travelled); (d)information about how you interacted with our Apps, Website or Services (such as features used and content viewed); (e)device information (such as hardware model and serial number, IP address, file names and versions and advertising identifiers or any information that may provide indication of device or app modification); (f)personal data you enter in messages when you use our in-app communication features; and (g)personal data that may be captured through your interaction with us, our agents, in-vehicle audio and/or video recording during a ride (such as your image or voice or both, and its related metadata).
27.5 From other sources When we collect Personal Data, including but not limited to your name, contact information and other identification information where needed from other sources, we make sure that that data is transferred to us in accordance with applicable laws. Such sources include: (a)referral programmes; (b)our business partners, such as fleet partners, payment providers, ride-hailing partners and transport partners; (c)insurance and financial providers; (d)credit bureaus and other credit reporting agencies; (e)publicly available sources of data; (f)governmental sources of data; (g)when our users add you as an emergency contact; and (h)marketing services providers or partners.
27. 6 Sensitive Personal Data Some of the Personal Data that we collect is sensitive in nature. This includes Personal Data pertaining to your race, national ID information, religious beliefs, background information (including financial and criminal records, where legally permissible), health data, disability, marital status and biometric data, as applicable. We collect this information only with your consent and/or in strict compliance with applicable laws.
27. 7 Personal Data of minors As a parent or legal guardian, please do not allow minors under your care to submit Personal Data to Morefun. In the event that such Personal Data of a minor is disclosed to Morefun, you hereby consent to the processing of the minor’s Personal Data and accept and agree to be bound by this Policy and take responsibility for his or her actions.
27.8 When you provide Personal Data of other individuals to us In some situations, you may provide Personal Data of other individuals (such as your spouse, family members or friends) to us. For example, you may add them as your emergency contact. If you provide us with their Personal Data, you represent and warrant that you have obtained their consent for their Personal Data to be collected, used and disclosed as set out in this Policy.
27.9 USE OF PERSONAL DATA Morefun may use, combine and process your Personal Data for the following purposes (“Purposes”): (a)Providing services and features (b)Your Personal Data will be used to provide, personalise, maintain and improve our Apps, Websites and Services. This includes using your Personal Data to: (c)provide you with Services across our various business verticals; (d)engage you to provide Services; (e)create, administer and update your account; (f)conduct due diligence checks; (g)verify your identity; (h)verify your age (where necessary); (i)validate your process payments; (j)offer, obtain, provide, facilitate or maintain insurance or financing solutions; (k)track the progress of your trip and detect abnormal trip variations; (l)enable features that personalise your App, such as lists of your favourite places and previous destinations; (m)make your experience more seamless, such as automatically filling in your registration information (such as your name or phone number) from one Service to another Service or when you participate in our surveys; (n)perform internal operations necessary to provide our Services, including troubleshooting software bugs and operational problems, conducting data analysis, testing and research, monitoring and analysing usage and activity trends; (o)protect the security or integrity of the Services and any facilities or equipment used to make the Services available; (p)process and manage your rewards; (q)enable communications between our users; (r)process, manage or verify your application of promotions, rewards and subscriptions with Morefun; (s)enable our partners to manage and allocate fleet resources; and fulfil the services to you as a data processor, where you have provided consent to the data controller (i.e. the organisation you had purchased goods or services from, and for whom Morefun is providing services on behalf of) for such services to be rendered.
27.10 Safety and security We use your data to ensure the safety and security of our Services and all users. This includes: (a)screening riders and delivery partners before enabling their use of our Services; (b)identifying unsafe driving behaviour such as speeding, harsh braking and acceleration, and providing personalised feedback to driver partners; (c)verifying your identity when you log in to Morefun; (d)using device, location, profile, usage and other Personal Data to prevent, detect and combat fraud or unsafe activities; (e)detecting, preventing and prosecuting crime.
27.11 Customer support We use Personal Data to resolve customer support issues. For example, we may: (a)investigate and address concerns; (b)monitor and improve our customer support responses; (c)respond to questions, comments and feedback; and (d)inform you about steps taken to resolve customer support issues. (e)Research and development and security We may use the Personal Data we collect for testing, research, analysis and product development. This allows us to understand and analyse your needs and preferences, protect your Personal Data, improve and enhance the safety and security of our Services, develop new features, products and services, and facilitate insurance and finance solutions.
27.12 Legal purposes We may use the Personal Data we collect to investigate and resolve claims or disputes, or as allowed or required by applicable law.
27.13 We may also use your Personal Data when we are required, advised, recommended, expected or requested to do so by our legal advisors or any local or foreign legal, regulatory, governmental or other authority. For example, we may use your Personal Data to: (a)comply with court orders or other legal, governmental or regulatory requirements; (b)enforce our Terms of Service or other agreements; and (c)protect our rights or property in the event of a claim or dispute. We may also use your Personal Data in connection with mergers, acquisitions, joint ventures, sale of company assets, consolidation, restructuring, financing, business asset transactions, or acquisition of all or part of our business by another company.
27.14 Marketing and promotions We may use your Personal Data to market Morefun and Morefun’s partners’, sponsors’ and advertisers’ products, services, events or promotions. For example, we may: (a)send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings; and (b)notify, invite and manage your participation in our events or activities. (c)We may communicate such marketing to you by post, telephone call, short message service, online messaging service, push notification by hand and by email. If you wish to unsubscribe to the processing of your Personal Data for marketing and promotions, please click on the unsubscribe link in the relevant email or message. Alternatively, you may also update your preferences in our App settings.
27.14.1 We may provide Personal Data to our vendors, consultants, marketing partners, research firms, and other service providers or business partners. This includes: (a)payment processors and facilitators; (b)debt collectors; (c)credit bureaus and other credit reporting agencies; (d)background check and anti-money laundering service providers; (e)cloud storage providers; (f)marketing partners and marketing platform providers; (g)data analytics providers; (h)research partners, including those performing surveys or research projects in partnership with Morefun or on Morefun’s behalf; (i)fleet and merchant partners; (j)insurance and financing partners; (k)third party intermediaries involved in the managed investment of funds, such as brokers, asset managers, and custodians; (l)service providers who perform identity verification services; and (m)vehicle solutions partners, vendors or third-party vehicle suppliers. (n)With our legal advisors and governmental authorities
27.14.2 We may share your Personal Data with our legal advisors, law enforcement officials, government authorities and other third parties. This may take place to fulfil the legal purposes (mentioned above), or any of the following circumstances:
27.14.3 where it is necessary to respond to an emergency that threatens the life, health or safety of a person; or where it is necessary in the public interest (e.g. in a public health crisis, for contact tracing purposes and safeguarding our community).
27.15 RETENTION OF PERSONAL DATA
27.15.1 We retain your Personal Data for the period necessary to fulfill the Purposes outlined in this Policy unless a longer retention period is required or allowed by law. Once your Personal Data is no longer necessary for the Services or Purposes, or we no longer have a legal or business purpose for retaining your Personal Data, we take steps to erase, destroy, anonymise or prevent access or use of such Personal Data for any purpose other than compliance with this Policy, or for purposes of safety, security, fraud prevention and detection, in accordance with the requirements of applicable laws.
27.16 INTERNATIONAL TRANSFERS OF PERSONAL DATA
27.16.1 Your Personal Data may be transferred from country, state and city (“Home Country”) in which you are present while using our Services to another country, state and city (“Alternate Country”).
27.16.2 When we transfer your Personal Data from your Home Country to the Alternate Country, we will comply with our legal and regulatory obligations in relation to your Personal Data, including having a lawful basis for transferring Personal Data and putting appropriate safeguards in place to ensure an adequate level of protection for the Personal Data. We will also ensure that the recipient in Alternate Country is obliged to protect your Personal Data at a standard of protection comparable to the protection under applicable laws.
27.16.3 Our lawful basis will be either consent (i.e. we may ask for your consent to transfer your Personal Data from your Home Country to the Alternate Country at the time you provide your Personal Data) or one of the safeguards permissible by laws.
27.17 COOKIES AND ADVERTISING ON THIRD PARTY PLATFORMS
27.17.3 Additionally, we may share non-personally identifiable Personal Data with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address), to facilitate the display of targeted advertising on third party platforms.
27.17.4 If you do not wish for your Personal Data to be collected via Cookies on the Websites, you may deactivate cookies by adjusting your internet browser settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser. You may also limit our sharing of some of this Personal Data through your App (Settings > Privacy > Ads) and mobile device settings.
27.18 PROTECTION OF PERSONAL DATA
27.18.1 We will take reasonable legal, organisational and technical measures to ensure that your Personal Data is protected. This includes measures to prevent Personal Data from getting lost, or used or accessed in an unauthorised way. We limit access to your Personal Data to our employees on a need to know basis. Those processing your Personal Data will only do so in an authorised manner and are required to treat your information with confidentiality.
27.18.2 Nevertheless, please understand that the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through any online means, therefore, any transmission remains at your own risk.
27.19 YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA
27.19.1 In accordance with applicable laws and regulations, you may be entitled to: (a)ask us about the processing of your Personal Data, including to be provided with a copy of your Personal Data; (b)request the correction and/or (in some cases) deletion of your Personal Data; (c)in some cases, request the restriction of the processing of your Personal Data, or object to that processing; (d)withdraw your consent to the processing of your Personal Data (where we are processing your Personal Data based on your consent); (e)request receipt or transmission to another organisation, in a machine-readable form, of the Personal Data that you have provided to us where we are using your Personal Data based on consent or performance of a contract; and (f)complain to the relevant data privacy authority if your data privacy rights are violated, or if you have suffered as a result of unlawful processing of your Personal Data.
28.1. In the event of a dispute as to the terms of this Agreement, the English version shall prevail. The English language version of these terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
For more information about our privacy practices, please contact us by email at firstname.lastname@example.org or call us at +6017-8320623.
Headquarter Address:Morefun Holdings Sdn. Bhd.Block H-07-10, Aeropod Commercial Square,Jalan Aeropod Off Jalan Kepayan,88200 Kota Kinabalu Sabah, Malaysia.