Terms & Conditions for Driver-Partner
Version 2026-08-14
· Five Driver
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DRIVER-PARTNER TERMS AND CONDITIONS
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:
These Driver-Partner Terms and Conditions ("Agreement") constitute a legally binding agreement between Five Mobility Sdn Bhd ("Five", "Company", "we", "us", or "our") and the independent transport provider ("Driver-Partner", "you", or "your"). By completing the driver registration process, uploading required credentials, logging into the Five Driver Application ("Driver App"), or accepting job dispatches on the platform, you agree to be bound by this Agreement and all applicable Malaysian statutory guidelines.
1. Statutory Compliance Driver Eligibility
To register, maintain active status, and receive ride dispatches on the Five platform, you must at all times satisfy and present valid proof of the following Malaysian statutory requirements:
1.1 Personal Prerequisites
* Nationality:
You must be a Malaysian Citizen holding a valid MyKad (Blue NRIC). Non-citizens are strictly prohibited from driving on the platform.
* Age:
You must be at least 21 years old.
* Driving Credentials:
You must hold a valid Class D or DA Competent Driving License (CDL) issued by Jabatan Pengangkutan Jalan (JPJ) for a minimum of one (1) year. Holders of Probationary Driving Licenses (P-License) are ineligible.
* Vocational License (PSV):
You must possess an active Public Service Vehicle (PSV E-Hailing) vocational license issued by JPJ.
* Medical & Background Clearance:
You must maintain a clean criminal record, be free of blacklists by JPJ or the Royal Malaysia Police (PDRM), and pass mandatory medical checkups using the official JPJL8A medical form as required by JPJ.
1.2 Mandatory Statutory Social Security (SOCSO / PERKESO)
Pursuant to the Self-Employment Social Security Act 2017 [Act 789], all Driver-Partners must actively contribute to the Social Security Organization (SOCSO / PERKESO) under the Self-Employment Social Security Scheme (Skim Keselamatan Sosial Pekerjaan Sendiri - SKSPS). Five reserves the right to request proof of active
SOCSO contributions or automatically deduct required contributions from your earnings where integrated.
2. Vehicle Compliance, Inspection & EVP
Any vehicle utilized by you to provide transportation services via the Five platform must comply with the Land Public Transport Agency (Agensi Pengangkutan Awam Darat – APAD) in Peninsular Malaysia or the Commercial Vehicles Licensing Board (Lembaga Pelesenan Kenderaan Perdagangan – LPKP) in Sabah and Sarawak.
Requirement:
* Vehicle Age:
Limit Maximum 15 years old from the date of manufacture.
* E-Hailing Vehicle Permit (EVP):
The vehicle must have an active EVP issued by APAD or LPKP, processed via Five Mobility Sdn Bhd.
* PUSPAKOM Inspection:
Vehicles 3 years old or older must undergo and pass mandatory annual PUSPAKOM inspection (Berkala
Pertama/Seterusnya E-Hailing).
* E-Hailing Insurance:
Mandatory e-hailing add-on insurance policy covering the driver, passengers, third parties, and vehicle loss/damage during active trips.
* Safety Equipment:
Must carry an active, working 1 kg Fire Extinguisher and standard vehicle safety kit.
* E-Hailing Decals:
Must clearly display official APAD / Five E-Hailing Stickers on the front and rear windscreens as prescribed by law.
3. Legal Relationship (Independent Contractor)
3.1. No Employment Relationship:
You expressly acknowledge and agree that your relationship with Five Mobility Sdn Bhd is that of an independent contractor. Nothing in this Agreement shall be construed as creating an employer-employee, joint venture, agency, or partnership relationship.
3.2. Autonomy:
As an independent contractor, you retain full autonomy over your schedule. You have complete discretion to decide when, where, and for how long you log into the Five Driver App, and whether to accept, decline, or ignore ride requests.
3.3. Benefits Exclusions:
You are not entitled to statutory employee benefits, including but not limited to paid leave, EPF (KWSP) employer contributions, retrenchment benefits, or medical insurance provided directly by Five.
4. Platform Fares, Commission & Payout Terms
4.1 Fare Structure:
Fares calculated by the Five Driver App are calculated using dynamic base rates, distance, estimated duration, road tolls, dynamic demand multipliers (surges), and applicable government taxes (e.g., SST).
4.2 Operator Service Fee (Platform Commission):
Five Mobility Sdn Bhd charges a service fee ("Platform Commission") on the total fare of each completed trip.
The maximum platform commission charged by Five shall not exceed the statutory ceiling mandated by APAD / Ministry of Transport Malaysia (currently capped at 20% for e-hailing trips).
4.3 Payment Processing & In-App Driver Wallet:
* Cash Trips:
For cash fares paid directly by passengers, Five will automatically deduct the applicable Platform Commission and tolls from your In-App Driver Cash Wallet.
* Cashless Trips:
Fares processed via credit/debit cards or e-wallets will be credited directly to your Driver Wallet net of the Platform Commission.
* Withdrawals:
You may request transfers from your Driver Wallet to your verified Malaysian personal bank account, subject to standard banking settlement windows (1–3 business days) and minimum payout thresholds.
5. Driver Code of Conduct & Safety Protocols
To maintain service quality and safety across the platform, Driver-Partners must strictly adhere to the following code of conduct:
* Non-Discrimination & Courtesy:
Treat all passengers with dignity, respect, and professional courtesy regardless of race, religion, gender, nationality, or disability.
* Passenger Safety & Traffic Laws:
Adhere strictly to the Road Transport Act 1987. Reckless driving, speeding, using mobile devices manually while driving, or driving under the influence of alcohol, drugs, or illegal substances is strictly prohibited.
* Vehicle Hygiene & Cleanliness:
Maintain the vehicle in a clean, odorless, sanitary, and roadworthy condition at all times.
* Subletting / Account Transfer Prohibited:
Your Five Driver Account is non-transferable. You shall not permit any third party to drive or operate under your verified Five Driver Account. Any breach will result in immediate permanent
termination and reporting to APAD.
* Zero Tolerance for Misconduct:
Any form of sexual harassment, verbal threats, physical violence, fraud, extortion, or unauthorized contact with passengers outside the trip scope is grounds for immediate lifetime deactivation.
6. Dashcam Usage, Data Privacy & Confidentiality
6.1. PDPA Compliance:
You agree to collect, process, and handle passenger personal information (such as pickup location, destination, contact number) strictly in accordance with the Personal Data Protection Act 2010 (PDPA).
6.2. Contact Protection:
You shall not store, retain, share, or contact passengers after trip completion unless authorized by Five for lost-and-found recovery purposes.
6.3. In-Vehicle Dashcams:
If your vehicle is equipped with a dashcam recording device:
It must be used strictly for driving safety, security, accident recordkeeping, and legal defense.
Audio or video recordings containing passenger images or voices must never be posted, uploaded, or distributed on social media or public forums. Breach of passenger privacy will result in immediate account termination and potential legal action.
7. Account Suspension, Deactivation & EVP Cancellation
7.1 Immediate Suspension / Termination
Five reserves the right to suspend or permanently deactivate your Driver Account without prior notice if:
* Your PSV license, CDL, Road Tax, or E-Hailing Insurance expires or is suspended/revoked by government authorities.
* Your vehicle exceeds 15 years from its manufacturing year.
* You fail annual PUSPAKOM inspections.
* You maintain an unacceptably low average rating or high cancellation rate over a sustained period.
* You engage in fraudulent activities (e.g., location spoofing, fake trips, fare manipulation).
* You breach any material term of this Agreement or Malaysian laws.
7.2 EVP Cancellation
Upon permanent deactivation, account deletion, or voluntary withdrawal from the Five platform, Five Mobility Sdn Bhd will process the cancellation or release of your E-Hailing Vehicle Permit (EVP) with APAD / LPKP in accordance with statutory procedures.
8. Indemnification & Limitation of Liability
8.1. Indemnification:
You agree to defend, indemnify, and hold harmless Five Mobility Sdn Bhd, its directors, officers, employees, and agents from any claims, damages, liabilities, costs, fines, or losses (including legal fees) arising from:
* Your performance of transportation services or breach of traffic laws.
* Any traffic accidents, physical injury, or property loss caused by your vehicle or actions.
* Any violation of third-party rights or statutory regulations under APAD, JPJ, or PDRM.
8.2. Limitation of Liability:
Five provides the Driver App and job dispatch services on an & as is basis and does not guarantee specific daily earnings, ride volume, or continuous app uptime.
9. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any dispute, controversy, or legal claim arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the courts of Malaysia.
Driver-Partner Confirmation & Acceptance
By checking the "I Agree to the Driver-Partner Terms & Conditions" box during registration or by logging into the Five Driver App, you confirm that:
* You have read, understood, and agree to abide by all terms contained herein.
* You satisfy all statutory qualifications set by APAD, JPJ, and LPKP.
* You acknowledge your status as an independent contractor.