Terms of Service

Thank you for visiting MOVE&JOY!

This page states the terms of use (“Terms”) under which you may use the MOVE&JOY.sg website (the “Website”) and any related MOVE&JOY software (the “Software”) or service (collectively, the “Service”) made available by MOVE&JOY Pte. Ltd. and its subsidiaries, representatives and affiliates (collectively, “MOVE&JOY”, “we”, “us” or “our”).

By accessing or using the Service, you signify your agreement to be bound by these Terms and you further agree that you are governed by the terms and conditions and privacy policy of MOVE&JOY which are available at www.movenjoy.sg/pp (the “Privacy Policy”) and www.movenjoy.sg/tos (the “Terms of Service”) respectively. If you do not agree to these Terms, you may not access or use the Service. 

ABOUT THE SERVICE 

MOVE&JOY provides you with a unique active and micro mobility experience in Singapore. The Service allows users to navigate to their desired locations and take part in gamified geo-location challenges. Users can report incidents on roads, park connectors, cycling pathways and walkways to provide live updates on the MOVE&JOY app (“Application”) to reflect conditions and occurrences, such as bike accidents and wild life to alert other MOVE&JOY users and cyclists. At the same time, users and cyclists get to collect location-based rewards at JOYshops (offline retailers), JOYstore (directory of participating offline retail partners, hereafter referred to as “Joy Stops”) and collect one JOYcoin (virtual coins created by MOVE&JOY) for every kilometre tracked on the app.

USING THE SERVICE

The Service may only be used for your private and personal purposes and only as expressly permitted by these Terms. 

Subject to the terms of this Agreement, MOVE&JOY grants you a non-exclusive, non-transferable, non-sublicensable, license to use the Service for non-commercial purposes. 

Except to the extent such activities are expressly agreed upon by MOVE&JOY, the users’ rights to benefit from the Service do not permit it, or the users, to: copy, cut and paste, email, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract, create derivative works of, store, archive, publicly display, sell or in any way commercially exploit any part of the Service; use the Service to provide outsourced services to third parties or make it available to any third party or allow or permit a third party to do so; combine, merge or otherwise permit the Service (or any part of it) to become incorporated in any other program, nor arrange or create derivative works based on it;

attempt to decompile the Computer Program (or any part of it) that is used to provide the Service, except and only to the extent that such restriction is prohibited pursuant to section 39A of the Copyright Act (Cap 63); and 

to observe, study or test the functioning of the Computer Program (or any part of it) that is used to provide the Service, except and only to the extent that such restriction is prohibited pursuant to section 39B of the Copyright Act (Cap 63).

USER CONTENT

The Service allows all users of the Service to submit and post information and content to other users (“Content”) through the ‘Reporting’ button and to comment in the Discover section’s Newsfeed. Content is separate from third party sponsored advertisements that may appear on the Service from time to time. 

Content may include map updates, incident reporting, accidents, photos of users and scenic locations, recommendations for products, services, businesses, or comments on newsfeed articles in the EXPLORE / Home section of the Application. 

You assume sole responsibility for any Content you post, and will be held liable for any consequences resulting from any Content you post. Always walk, run, pedal, ride vigilantly according to route conditions and in accordance with traffic laws and the Active Mobility Act 2017 (No.3 of 2017). It is strictly forbidden to send any content -– including incident reports (such as updates on biking accidents, fallen trees, potholes or wild-life) -– while riding. Your incident report submissions should only be sent after you have stopped moving and in an appropriate location permitted by law. 

Content submitted by users for publication do not reflect the views of MOVE&JOY.

MOVE&JOY does not warrant or represent as to the validity, reliability, accuracy or legality of the Content made available on the Service by users.

RESTRICTED USE

When you are using our Service, you should note that MOVE&JOY will not permit certain prohibited conduct. Please read the following restrictions carefully. Any breach on the restrictions as set out below may result (at MOVE&JOY’s sole discretion) in the termination of your access to the Service and you may be exposed to civil and/or criminal liability.

You may not, whether yourself or through any other means or person: frame or mirror any part of the Service and/or Site without MOVE&JOY’s prior express written consent; introduce any code or device intended to interfere with or having the effect of interfering adversely with, the operation of any hardware or software, including any bugs, worms, logic bombs, trojan horses, viruses or any other self-propagating or other such program that may infect or cause damage to the Service or MOVE&JOY’s systems or otherwise disrupt the provision of the Service; create, store, access, transfer to any third party or otherwise distribute any material which: is unlawful; is or contains material which is harmful, obscene, defamatory, infringes any third party’s rights including any third party’s intellectual property rights; is or contains material which is of a harassing or offensive nature; contains sexually explicit or other offensive material; promotes the use of unlawful violence against a person or property; or is or contains material which is discriminatory based on race, origin, belief, sexual orientation, physical or mental disability, age or any other illegal category. copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service, or in any way or publicly display, perform, or distribute them; make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without MOVE&JOY’s prior written consent;

create a browser or border environment around the Content; interfere with or disrupt the operation of the Service and/or Website, or the servers or networks that host the Service and/or Website or make the Service and/or Website available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Website; create a database by systematically downloading and storing all or any of the Content from the Service and/or Website; forward any data generated from the Service and/or Website without the prior written consent of MOVE&JOY;

transfer or assign your Service accounts’ password, even temporarily, to a third party; use the Service and/or Website for any illegal, immoral or unauthorized purpose; use the Website, the Service, or the Content for non-personal or commercial purposes without MOVE&JOY’s express prior written consent; or infringe or violate any of these Terms.

PROHIBITED POSTS

You are prohibited from submitting any Content of commercial nature or purpose (including advertising), unless such posts pertain to MOVE&JOY or the Service, and such Content strictly complies with these Terms.

MOVE&JOY reserves the right to monitor usage of the Service by users (by way of audits or otherwise) during the term of this Agreement for the purpose of, inter alia, ensuring compliance with the terms of this Agreement. MOVE&JOY reserves the right to, without prior notification:

deny your access to the Service;

terminate your account with the Service;

delete any Content you make available on the Service; or 

prevent you from posting additional Content on the Service. 

The provisions of this clause are made in addition to any rights afforded to MOVE&JOY by any law.

RIGHTS IN CONTENT

When you submit Content to be published on the Service, you represent and warrant that:

you own the necessary rights, authority and/or permission to make available on the Service the Content published by you, and to grant licenses for the use of such Content by MOVE&JOY; if the Content contains any personal data of any third party, you have obtained the necessary valid consent of such third party to make available such third party’s personal data on the Service, as well as for the collection, use and disclosure of such third party’s personal data by MOVE&JOY in accordance with these Terms; all Content made available by you on the Service does infringe any intellectual property rights or proprietary rights owned by any third party; when you make available any Content to MOVE&JOY or on the Service, you grant MOVE&JOY a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, copy, distribute, store, download, print, display in public, publish, post, communicate, modify, edit, translate, adapt or prepare derivative works of the Content; and you acknowledge that notwithstanding the provisions of these terms, MOVE&JOY does not supervise or monitor or have any control over the Content made available by you to the Service, and any other user’s subsequent use of access of the Content from the Service. 

EXAMINATION OF CONTENT

MOVE&JOY reserves the right to examine all Content before or after being made available on the Service and prevent the publication of inappropriate or erroneous Content, or remove such Content after it is made available by a user on the Service. 

MOVE&JOY retains sole discretion in determining the duration of Content publication, location information, how and when Content appears on the Service, the design and any other matter pertaining to the publication of Content within the Service. MOVE&JOY does not guarantee that all Content will be published, in general or for any limited time.

ACCOUNT TERMINATION

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise MOVE&JOY of such termination. However, if you would also like for MOVE&JOY to delete your MOVE&JOY account and your personal information contained in the account, please contact admin@movenjoy.sg. 

Upon receiving such a request, MOVE&JOY will use reasonable efforts to delete such information, however, please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.

MOVE&JOY retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason MOVE&JOY deems appropriate, at its sole and absolute discretion.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property in and to the Website, the Service and its database, and to MOVE&JOY are protected by copyright, trade marks, and other forms of intellectual property rights. The title to, rights and interest in the intellectual property of MOVE&JOY shall remain vested in MOVE&JOY Pte Ltd and MOVE&JOY Pte Ltd’s third party licensors (where relevant). 

“MOVE&JOY”, the MOVE&JOY logo and other trade marks are the property of MOVE&JOY Pte Ltd or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of MOVE&JOY Pte Ltd.

Without derogating from MOVE&JOY Pte Ltd’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of the intellectual property of MOVE&JOY Pte Ltd will result in the termination of all your rights under these Terms. Failure to comply with these Terms may result in us taking the necessary actions that we reasonably deem appropriate.

APPLE

If you use the Service on an Apple device, then you agree and acknowledge that:

Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;

You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;

Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

DISCLAIMER OF LIABILITIES AND WARRANTIES

MOVE&JOY provides the Service and Content on an “as is” and “as available” basis. We do not make any representations or warranties whatsoever and hereby disclaim all warranties and representations, either express or implied, with respect to the Service, including without limitation, any representation or warranties:

as to the accuracy, completeness, reliability, timeliness, current-ness, availability, quality or fitness for any particular purpose of the Content of this Service; and 

that the Content available through this Service or any functions associated therewith will be available without interruption or delay or error-free, or that defects will be corrected or that this Website and the server will be free of all bugs, viruses and/or other harmful elements. 

Additionally, and without derogating from the above clause, MOVE&JOY disclaims any warranties relating to the accuracy of the maps, Content, route conditions, traffic directions, or navigation routes presented or displayed in or by the Service. 

Your use of the Service or reliance on the Content as made available by other users on the Service is done at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the service. The information provided by the service is not intended to replace the live updates and information presented on the road and cycling routes. In the event that the information presented on the road or cycling routes instructs differently than the Service, you must not rely on the Service.

MOVE&JOY does not make any representations or warranties that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to MOVE&JOY’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in MOVE&JOY or any of its providers.

MOVE&JOY shall not be liable to you or any third party for any damage or loss, including without limitation to direct, indirect, punitive, special or consequential damages, loss of goodwill, loss of business resources, income, revenue or profits, lost or damaged data, or damage to your computer or computing or mobile device, software, modem, telephone or other property, arising directly or indirectly from your reliance on the content of the Service, including, without limitation, content originating from third parties, or from any communication with the service, or with other users on or through the service, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on the Service. 

THIRD PARTY CONTENT

Our Service and/or Website may contain third party content, including but not limited to comments and articles posted by third parties, the content of the advertisements posted by third parties, apps posted by third parties and content accessed through such apps. You agree that we shall not be responsible or liable for any third party content on our Service and Website or your access or use of any third party content on our Service and Website.

LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE

We work with various government stakeholders, partners, merchants and vendors to give you a unique urban mobility experience with MOVE&JOY. For that, our Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc (“Ads”) that may be displayed on the Service from time to time that are produced by MOVE&JOY team and third parties. The Ads displayed on the Service do not constitute a recommendation or representation of MOVE&JOY’s views as to the goods or services as advertised.

MOVE&JOY cannot and does not guarantee the reliability or accuracy of Ads produced by a third party. MOVE&JOY does not endorse the content of third party ads. MOVE&JOY will also not be liable for any form of liability arising from your interaction with the Ads posted on the Service.

MOVE&JOY will not be liable for any form of liability arising from your reliance on, or in connection with, the content of any information, goods or services not provided by MOVE&JOY, including without limitation its completeness, accuracy, correctness or it being up-to-date. MOVE&JOY will not be liable for any damage or loss of any kind caused as a result (direct or indirect) of the use of the Service, including without limitation any damage or loss suffered as a result of reliance on the content of goods or services you have accessed via Ads or other links on the Service.

Do not view or click on any ads while moving and or operating a mobility device. You alone are responsible for moving responsibly, and you acknowledge and agree that in the event that you violate the foregoing provision, the third party advertisers will not be liable for any damage or loss of any kind arising from, or in connection with the display of the ads on the service or your viewing of the ads on the service.

INDEMNITY

You agree to indemnify MOVE&JOY and hold harmless MOVE&JOY and its employees, officers, directors and agents, as well as all third party advertisers of the Ads from and against all claims, damages, costs, expenses, losses and liabilities (including but not limited to legal costs and expenses on a full indemnity basis) that arise directly or indirectly as a result from:

your access to and use of the Content and Service;

any claim by any third party that its intellectual property rights has been infringed as a result from your use of the Content and Service; any claim by any third party that any provision of the Personal Data Protection Act 2012 (Act 26 of 2012) has been contravened in respect of personal data resulting from your use of the Content and Service; and any your violation of these Terms.