Last updated: 10/29/2020
IMPORTANT — Please read these terms carefully.
If you do not agree to all of the terms of service, or if you are not eligible or authorized to enter into this agreement, then do not use or download or otherwise access any part of the service. Using all or any part of the service will constitute acceptance and create a legally enforceable contract under which you agree to be bound by all of the terms of service, without modification.
The company is a technology company that does not provide delivery services. It is up to the third party independent delivery providers (the “delivery service provider”) to offer delivery services to you and it is up to you to accept such delivery services via the application. The service of the company is to link you with such delivery service providers. The company is neither responsible nor liable for the acts, negligence and/or omissions of any delivery service provided to you by the delivery service provider.
Please review the arbitration agreement set forth below carefully, as it will require you to resolve disputes with the company on an individual basis through final and binding arbitration. By entering this agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement and have taken time to consider the consequences of this important decision.
By agreeing to the terms, you agree that you are required to resolve any claim that you may have against the company on an individual basis in arbitration, as set forth in this arbitration agreement. This will preclude you from bringing any class, collective, or representative action against the company, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the company by someone else. The terms of the agreement is discussed in detail in the section – how this agreement is handled.
What Are My Warranties And Obligations When Using The Service?
By using the app, you acknowledge and agree that the entire risk arising out of your use of the service, and/or third party services, including that of the delivery service provider, remains solely and absolutely with you and you shall have no recourse whatsoever to the company.
You may only access the Service using legal means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company disclaims all liabilities if you do not have a compatible device or if your mobile device does not work optimally or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than that which the Software and/or the Application is intended to be used or for any unlawful purposes.
By using the Software or the Application, you agree that:
• You will only use the Service for lawful purposes and only for the purpose for which it is intended to be used;
• You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
• You will not carry within or on your person any illegal, dangerous or prohibited items or articles while using the Service;
• You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
• You shall not contact the Delivery service provider for purposes other than the Service;
• You will not impair the proper operation of the network;
• You shall not intentionally or unintentionally cause or attempt to cause damage to the delivery service provider or any third party provider;
• You will not try to harm the Service, Application and/or the Software in any way whatsoever;
• You will not copy, or distribute the Software or other content without written permission from the Company;
• You will only use the Software and/or the Application for your own use and will not resell it to any party;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
• You will provide us with whatever proof of identity we may reasonably request or require;
• You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement.
• You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
• You will only use an access point or data account (AP) which you are authorized to use;
• You shall not employ any means, methods or schemes to defraud the Company or enrich yourself, whether fraudulent or otherwise, and be it through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers or through normal use of the Service;
• You are aware that when requesting services via the Application, standard telecommunication charges will apply;
• You agree that the Service is provided on a reasonable effort basis;
E-mail, Messaging, Blogging, Push Notifications, In-App Messages and Chat Services
We may provide features such as email, messaging, push notifications, in-app messages, blogging, or chat services (collectively, “Communications”) to the users in the Application, either directly or through a third-party provider. For quality purposes and service investigations, we may employ monitoring devices or techniques to inspect the contents of your private Communications.
Neither will you nor will you allow any third party to use the Communications service to:
(i) send or store any unlawful, infringing, obscene, threatening, defamatory, fraudulent, abusive, or otherwise unlawful or tortious material, including material that is harmful to children or violates third-party privacy rights;
(ii) send any unsolicited commercial or non-commercial communication;
(iii) send any messages to recipients obtained through the purchase list, or opt-out email append methodology;
(iv) interfere with or disrupt the Communications service or other’s use of it;
(v) use deceptive, misleading or unethical practices that are or might be detrimental to us; or
(vi) give, sell, lease, license, rent or allow others to use the Communications service.
• You will pay for the Service by cash or by e-money.
• Once you have completed a booking using the Service you are required to make payment in full to the Delivery service provider and your payment is non-refundable. If you have any complaints in relation to the service provided, then that dispute must be taken up with the Delivery service provider directly.
• You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.
When Can My Access Be Terminated?
The Company may terminate any User’s access to all or any part of the Service, with or without cause, with or without notice, effective at any time.
What Is The License Grant And Its Restrictions?
The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal and non-commercial purposes, subject to this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
You shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You would abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
The Company makes no representation that the Service is appropriate or legally available for use in locations outside the Philippines, and accessing and using the Service is prohibited in territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
Who Owns This Intellectual Property?
The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Company name, the Company logo, the Service, the Software and/or the Application and the Service Providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software and Application herein shall include its respective components, processes and design in its entirety.
When Third Party Services Are Used Or Linked By The Service
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application (collectively “third party providers”). Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the third-party.
The Company and its licensors shall have no liability, obligation or responsibility for any such interaction between you and any such third- party. The Company does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
How Is Indemnification Handled?
Who Handles The Cost Of Repair Should An Issue Arise?
You shall be responsible for the cost of repair for any damage to or necessary cleaning of the Delivery service provider’s vehicle as a result of your misuse of the Service or a breach of the Terms herein. The Company reserves the right to facilitate payment for reasonable cost of such Repair or Cleaning on behalf of the Delivery service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Delivery service provider has been verified by the Company.
What If My Access To The Service Or Application Is Affected?
The service, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the internet service provider being faulty, not connected, out of range, switched off or not functioning. The company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
What Are The Limits Of Liability?
Losses or damages
1. Any claims against the company by you shall in any event be limited to the total amount actually paid by and/or due from you in utilising the service during the event giving rise to such claims, without prejudice to any applicable insurance policy as may be provided by the company solely out of its goodwill.
2. To the highest extent allowed by law, the company and/or its licensors shall not be liable to you or anyone for any direct, indirect, or any other kind of damages or losses of any type or kind (including personal injury, emotional distress, and loss of data, revenue, profits, use or other economic advantage). Neither shall the company and/or its licensors be liable for any loss, damage or injury, whether direct or indirect, and of whatever kind, which you (or the person for whom you have booked the service) may incur, including but not limited to those arising out of, or in any way connected with
(i) The use, non-use, installation, update, or failure to update the service, application and/or the software;
(ii) any reliance placed by you on the completeness, accuracy or existence of any advertising,
(iii) any relationship or transaction between you and any third party provider or partner, whose advertising appears on the website or is referred to by the service, application and/or the software.
(iv) the Delivery service provider’s services, matters relating to Delivery service providers, or the process of delivery by reason of you using the Service in your capacity as a passenger.
3. The company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party provider; and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party providers including delivery service providers.
4. The company does not provide and is not responsible for providing or ensuring the provision of the Delivery Services. The company does not guarantee, beyond what it is able to ascertain in the course of its onboarding, skills assessment, and safety training processes, the quality, suitability, safety or ability of the delivery service providers or any other third party providers. Nonetheless, as a technology company owning the platform that provides the service (as defined under the Heading “How do these terms of service apply to me?’), the company employs measures for the promotion of road safety and responsible riding by its service providers.
Disclaimer Of Warranties
The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services, application and/or the software.
The company does not represent or warrant that:
(a) the use of the service, application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
(b) the service will meet your requirements or expectations,
(c) any stored data will be accurate or reliable,
(d) the quality of any products, services, information, or other materials purchased or obtained by you through the application will meet your requirements or expectations,
(e) errors or defects in the application and/or the software will be corrected,
(f) the application or the server(s) that make the application available are free of viruses or other harmful components,
(g) the application and/or the software tracks you or the vehicle used by the service provider.
The service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the maximum extent allowed by law.
The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the service provider obtained by or from third parties through the use of the service, application and/or the software.
How Will I Be Given Notice?
The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
How Is This Agreement Handled?
You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and the Company, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims against the specific driver in the appropriate court of competent jurisdiction instead of arbitration. The Company agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim against a specific driver but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision, which will continue to apply in court and arbitration), controversy, claim or dispute.
Rules And Governing Law
This agreement shall be governed by the laws of the Philippines. Any dispute between you and the Company arising from this agreement shall be resolved thru arbitration under the Rules of the Philippines Dispute Resolution Centre (‘PDRC), as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the Parties (the “Arbitrator”). If the Parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRC in accordance with the Rules.
The arbitration shall be in the English language and the fees of the Arbitrator shall be borne equally by the Parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
Severability And Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; and (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement.
You hereby agree that the Company is entitled to terminate this Agreement and your access to the Software immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring Services from the service provider under this Agreement.