Five

Here is a customized, legally structured Terms and Conditions (T&C) for Five Mobility Sdn Bhd operating under the brand Five. This document is crafted specifically to comply with Malaysian regulations (including the Land Public Transport Act 2010, APAD requirements, and the Personal Data Protection Act 2010) while maintaining a distinct structure from existing industry templates. TERMS AND CONDITIONS FOR RIDERS Operating Entity: Five Mobility Sdn Bhd (Company No. 202301028596) Platform Brand Name: Five Effective Date: 26 July 2026 Last Updated: 26 July 2026 IMPORTANT NOTICE: By downloading, installing, accessing, or using the Five mobile application (“Five App”) or any related services provided by Five Mobility Sdn Bhd, you agree to be bound by these Terms and Conditions. If you do not accept these terms, please do not use or access the Five App or its services. 1. Introduction & Nature of Services 1.1. The Intermediary Role: Five Mobility Sdn Bhd ("Company", "Five", "we", "us", or "our") operates an electronic intermediation platform connecting registered passengers ("Riders", "Users", or "you") with independent, licensed third-party transport providers ("Driver-Partners"). 1.2. Licensing Compliance: Five is a licensed e-hailing operator registered with the Land Public Transport Agency (Agensi Pengangkutan Awam Darat – APAD) in Peninsular Malaysia and the Commercial Vehicles Licensing Board (Lembaga Pelesenan Kenderaan Perdagangan – LPKP) in Sabah and Sarawak. 1.3. Independent Contractors: You acknowledge and agree that Five does not provide transportation services directly. Transportation services requested via the Five App are provided by independent Driver-Partners who are not employees, agents, or representatives of Five. 2. Eligibility & Account Creation To register for and maintain an active account on the Five App, you must meet and comply with the following eligibility criteria: * Age Requirement: You must be at least 18 years old or the age of legal majority in Malaysia to create an account. Minors under 18 must be accompanied by an adult guardian during any trip booked via Five. * Accuracy of Information: You agree to provide true, current, and complete registration details (including full name, phone number, email address, and valid payment information). * Account Security: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Five account. * Single Account Policy: Each user is permitted to maintain only one active account unless explicitly authorized by Five in writing. 3. Fares, Payment Terms & Pricing Structure 3.1 Fare Calculation Fares on Five are calculated dynamically based on base rates, estimated time, distance, and real-time market demand (dynamic pricing). All applicable tolls, SST (if applicable), and airport surcharges will be added to the final trip fare. 3.2 Payment Methods Five supports multiple payment options within the Five App: Payment Method Terms & Processing: * Credit / Debit Cards: Pre-authorization hold may be applied upon booking to verify funds. * Five In-App e-Wallet: Subject to maximum balance limits governed by Bank Negara Malaysia (BNM). * Cash: Payable directly to the Driver-Partner upon completion of the trip. 3.3 Tolls and Extra Charges Any road tolls, parking fees, or specific location entry charges incurred during the trip will be billed to the Rider or added to the final electronic receipt. 4. Cancellation & Cleaning Fees 4.1 Cancellation Policy You may cancel a trip request at any time through the Five App. However, a Cancellation Fee may apply if: * You cancel after 2 minutes from the time a Driver-Partner accepts your booking request. * The Driver-Partner arrives at your pick-up location and waits beyond the initial grace period (3 minutes) before canceling due to your non-appearance. 4.2 Cleaning & Damage Fees Riders are expected to treat Driver-Partners vehicles with respect. If you cause physical damage or soil the vehicle (e.g., spillage, vomiting, severe stains), Five reserves the right to charge a Cleaning / Repair Fee (ranging from RM50 to RM300, depending on severity) to your payment method to reimburse the Driver-Partner. 5. Code of Conduct & Safety Guidelines Five prioritizes the safety and dignity of all users and Driver-Partners. The following conduct is strictly prohibited: * Illegal Substances & Firearms: Carrying illegal drugs, hazardous materials, or illegal weapons inside any Five-registered vehicle. * Smoking & Vaping: Smoking or e-cigarette use inside vehicles is strictly prohibited at all times. * Abusive Behavior: Verbal abuse, harassment, discrimination, sexual misconduct, or physical violence toward Driver-Partners or other passengers. * Overcapacity: Requesting a Driver-Partner to carry more passengers than the vehicles licensed seating capacity allows under APAD regulations (typically 4–11 seats depending on vehicle class). * Zero Tolerance Policy: Failure to follow these conduct rules may lead to immediate account suspension or permanent termination, and may be reported to the Royal Malaysia Police (PDRM) or relevant government authorities. 6. Personal Data Protection (PDPA Compliance) Five collects, stores, processes, and shares your personal data in accordance with the Personal Data Protection Act 2010 (PDPA) of Malaysia. Data Collected: Includes full name, contact details, precise location data, payment information, and trip history. * Use of Data: To facilitate rides, ensure rider and driver safety, process payments, and improve platform performance. * Data Sharing: Location and contact information are shared with assigned Driver-Partners exclusively for the duration of the trip. Five will not sell your personal data to third parties. 7. Limitation of Liability & Insurance Coverage 7.1. Regulatory Compliance & Insurance: Five ensures that all active Driver-Partners possess a valid Public Service Vehicle (PSV) license, an E-Hailing Vehicle Permit (EVP), and appropriate e-hailing insurance coverage as mandated by Malaysian regulatory bodies (APAD / JPJ). 7.2. Platform Liability Limits: Five acts solely as an intermediation booking service. Five shall not be held liable for indirect, incidental, punitive, or consequential damages resulting from the actions or omissions of independent Driver-Partners, including traffic accidents, delay times, lost personal property, or personal injury, beyond the scope mandated by law or platform insurance. 7.3. Lost Items: Five is not responsible for items left behind in a Driver-Partner’s vehicle. However, Five will reasonably assist in connecting you with the Driver-Partner to retrieve lost property. 8. Account Termination & Suspension Five reserves the right, at its sole discretion, to temporarily suspend or permanently terminate your Five account without prior notice if: * You breach any provision of these Terms and Conditions. * You fail or refuse to settle outstanding trip fares or cleaning fees. * Fraudulent activities, unauthorized account access, or payment disputes are detected. * Required by law enforcement or regulatory authorities in Malaysia. 9. Amendments to Terms Five Mobility Sdn Bhd reserves the right to amend, update, or modify these Terms and Conditions at any time. Any changes will become effective immediately upon posting an updated version in the Five App. Your continued use of the Five App after updates are published constitutes acceptance of the modified Terms. 10. Governing Law & Dispute Resolution These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. Any legal suit, action, or dispute arising out of or relating to these Terms or the Five App shall be submitted to the exclusive jurisdiction of the courts of Malaysia. Contact Information For questions, support, or disputes regarding these Terms & Conditions, please contact Five Support: Company Name: Five Mobility Sdn Bhd Customer Support Email: support@gofive.com.my