Terms of Service

E-PICK ME UP TERMS OF SERVICE


IMPORTANT – Please read these terms carefully. By using this Service (as defined below), you agree
that you have read, understood, accepted and agreed with this Terms of Use. You further agree to
the representations made by yourself below. If you do not agree to or fall within the Terms of Use of
the Service (as defined below), please do not continue using this Application or Service.
The terms and conditions stated herein (collectively, the “Terms of Use” or this
“Agreement”) constitute a legal agreement between you andE-PICK ME UP, INC., By using the
mobile application (the ”Application”) supplied to you by the Company and downloading, installing
or using any associated software supplied by the Company (“the Software”) which overall purpose is
to enable persons seeking transportation services to certain destinations to be matched with third
party independent transportation providers, drivers and vehicle operators (collectively, the
“Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any
future amendments and additions to this Terms of Use as published from time to time at
______________________ or through the Application.
THE COMPANYIS A TRANSPORTATION TECHNOLOGY COMPANY THAT PROVIDES PRE-
ARRANGED TRANSPORTATION OR DELIVERY SERVICES. IT IS UP TO THE THIRD PARTY
TRANSPORTATION PROVIDERS (“THE SERVICE PROVIDER”) TO OFFER TRANSPORTATION SERVICES
TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES VIA THE APPLICATION.
THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH TRANSPORTATION SERVICE PROVIDERS.
THE COMPANY IS RESPONSIBLE AND LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD
PARTY TRANSPORTATION PROVIDER AND/OR ANY TRANSPORTATION SERVICES ONLY ON THE
AMOUNT PAID TO THE COMPANY FOR PRE-ARRANGED BOOKING PROVIDED TO YOU.
The Company reserves the right to modify, vary and change the Terms of Use or its policies
relating to the Service at any time as it deems fit. Such modifications, variations and/or changes to
the Terms of Use or its policies relating to the Service shall be effective upon the posting of an
updated version at _________________. It is your responsibility to review the Terms of Use regularly
if you continue to use the Service whereupon the continued use of the Service after any such
changes, whether or not reviewed by you, shall constitute your consent and acceptance to such
changes.

REPRESENTATIONS, WARRANTIES AND OBLIGATIONS
By using the Service, you expressly represent and warrant that you are legally entitled to
accept and agree to the Terms of Use and that you are at least eighteen (18) years old or are of a
majority age in the Philippines. The Service is not available to anyone under the age of eighteen (18)
or such persons that are forbidden by law for any reason whatsoever to enter into a contractual
relationship. By using the Service, you further represent and warrant that you have the right, and
capacity to use the Service and agree to abide by the Terms of Use. You further confirm that all the
information which you provide shall be true and accurate. Your use of the Service is for your own
sole, personal use. You undertake not to authorize others to use your identity or user status, and
you may not assign or otherwise transfer your user account to any other person or entity. When
using the Service you agree to comply with all applicable laws.
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

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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
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 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 Service
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 a
third 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;

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 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 delivery services via the Application standard
telecommunication charges will apply;
 You agree that the Service is provided on a reasonable effort basis;

 You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be
amended from time to time; and
 You assume full responsibility and liability for loss or damage suffered by the Service Provider,
the Company or any third party as a result of any breach of this Terms & Conditions.
Payment
 You may choose to pay for the Service by cash and by credit card and or debit card where
available (“Card”).
 In the event that you choose to pay for the Service by Card, you will need to register a valid
Card which belongs to you in accordance with the instructions within the Application.
 If the Card belongs to another person, such as your parents, you hereby warrant and agree that
you have obtained their clear and express permission to use the Card for the payment of the
Service.
 You agree that we may verify and authorize your Card details when you first register the Card
with us as well as when you use the Service.
 You agree that we may issue a reasonable authorization hold, which is not an actual charge
against your Card, in order to verify your payment method via a Card. The hold may appear in
your statement as “pending”. The authorization hold is issued as a preventive measure against
any unauthorized or fraudulent usage of your Card.
 In the event your payment by credit card is processed in overseas, you will be liable for and
agree to any additional charges in relation thereto.
 When you register for the Service, you will have the option to pre-set a default “tip” amount of
your choosing. This will automatically be added to the taxi fee at the end of each journey and
given to the driver unless you choose to override it with a different tip amount or to remove
the tip.
 Once you have completed a journey using the Service you are required to make payment in full
to the 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 Service Provider
directly.

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 The Company has the right to suspend the processing of any transaction where we reasonably
believe that the transaction may be fraudulent, illegal or involves any criminal activity or where
we reasonably believe you to be in breach of the Terms of Use.
 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.

 You shall be responsible to resolve any disputes with your Card Company on your own.
Taxes
You agree that this Agreement shall be subject to all applicable statutory taxes, duties, fees,
charges and/or costs, as may be in force and in connection with any future taxes that may be
introduced at any point of time. You further agree to use your best efforts to do everything
necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or
verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in
connection with the Services supplied under this Agreement.
License Grant & 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

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systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the
Company’s reputation or amount to being disreputable.

Intellectual Property Ownership
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
Transportation 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.
Personal Data Protection
You agree and consent to the Company using and processing your Personal Data for the
Purposes and in the manner as identified hereunder. For the purposes of this Agreement, “Personal
Data” means information about you, from which you are identifiable, including but not limited to
your name, any identification card number such as social security, birth certificate number, passport
number, nationality, address, telephone number, credit or debit card details, race, gender, date of
birth, email address, any information about you which you have provided to the Company in
registration forms, application forms or any other similar forms and/or any information about you
that has been or may be collected, stored, used and processed by the Company from time to time
and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However if you do not provide the
Company your Personal Data, your request for the use of the Application may be incomplete and the
Company will not be able to process your Personal Data for the Purposes outlined below and may
cause render the Service inaccessible by you.
The Company may use and process your Personal Data for business and activities of the Company
which shall include, without limitation the following (“the Purpose”):
 To perform the Company’s obligations in respect of any contract entered into with you and To
process, manage or verify your application for the Service pursuant to the Terms of Use herein;
 To provide you with the Services pursuant to the Terms of Use herein;
 To process your participation in any events, promotions, activities, focus groups, research
studies, contests, promotions, polls, surveys or any productions and to communicate with you
regarding your attendance thereto;
 To validate and/or process payments pursuant to the Terms of Use herein;
 To process any refunds, rebates and/or charges, where applicable, pursuant to the Terms of
Use herein;
 To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;

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 To communicate, respond to questions, comments and feedback from you;
 For internal administrative purposes, such as auditing, data analysis, database records or
compiling statistics and research;
 For purposes of detection, prevention and prosecution of crime;

 For the Company to comply with its obligations under all applicable laws;
 To send you alerts, newsletters, updates, mailers, promotional materials, special privileges,
festive greetings from the Company, its partners, advertisers and/or sponsors;
 To notify and invite you to events or activities organised by the Company, its partners,
advertisers, and/or sponsors;
 To share your Personal Data and with the Company’s and Group’s agents, third party providers,
developers, advertisers, partners, event companies or sponsors who may communicate with
you for any reasons whatsoever.
If you do not consent to the Company processing your Personal Data for any of the Purposes, please
notify the Company using the support contact details as provided in the Application.
If any of the Personal Data that you have provided to us changes or if you wish to cancel your
account, please update your details by sending your request to the support contact details as
provided in the Application.
We will, to the best of our abilities, effect such changes as requested within thirty (30) working days
of receipt of such notice of change. By submitting your information, you consent to the use of that
information as set out above.

Third Party Interactions
During use of the Service, you may enter into correspondence with, purchase of 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. Any such
activity, and any terms, conditions, warranties or representations associated with such activity, is
solely between you and the applicable 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 Group 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 or be
responsible for any content, products, services or other materials on or available from such sites or
third party providers.
The Company may rely on third party advertising and marketing supplied through the
Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By
agreeing to this Terms of Use you agree to receive such advertising and marketing. If you do not
want to receive such advertising you should notify us in writing or in accordance with the procedure
determined by the Company. The Company reserves the right to charge you a higher fee for or deny
you use of the Service should you choose not to receive these advertising services. This higher fee, if
applicable, will be posted on the Company’s website located at ________________ you agree and
allow the Company to compile and release information regarding you and your use of the Service on

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an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is
your responsibility to take all precautions in all actions and interactions with any Service Providers,
other third party providers, advertisers and/or sponsors you interact with through the Service
and/or advertising or marketing material supplied through the Service; the Company shall not be
liable to you in any manner whatsoever as a result of your such interactions.

Indemnification
By agreeing to the Terms of Use upon using the Service, you agree that you shall defend,
indemnify and hold the Company, its licensors and each such party’s parent organizations,
subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from
and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’
fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the
Service, Software and/or the Application, your dealing with the Service Provider, third party
providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms
of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of
any rights of any third party, including the Service Providers arranged via the Service, or (d) your use
or misuse of the Service, Software and/or the Application.

Repair or Cleaning Fees
You shall be responsible for the cost of repair for any damage to or necessary cleaning of the
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 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 Service Provider has been verified by the
Company.

Internet Delays
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.

Limitation of Liability
ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE
AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING
THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL THE COMPANY
AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE,
ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR
LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF
DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS
LICENSORS SHALL ONLY BE LIABLE ON THE AMOUNT PAID ON PRE-ARRANGED BOOKING FOR ANY
LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON
FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING TO LOSS, DAMAGE OR INJURY
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE

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SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE,
APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS,
ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR
THE SOFTWARE, THE COMPANY MAY ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY,
MOVEMENT, OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THE SERVICE
PROVIDERS,THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR OF ACTS PERFORM
BY ADVERTISERS AND/OR SPONSORS THUS YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY
FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY .THE
COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND
SUCH THIRD PARTY PROVIDERS INCLUDING THE SERVICE PROVIDERS, ADVERTISERS AND/OR
SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT
WITH US, WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU
AND THE THIRD PARTY PROVIDERS, INCLUDING THE SERVICE PROVIDER, ADVERTISERS AND/OR
SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND
PRODUCTS OFFERED VIA THE SERVICE, SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS
IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. THE SERVICE PROVIDERS, ADVERTISERS AND/
OR SPONSORS ARE THE RESPONSIBLE FOR ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION,
OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR
IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THE SERVICE PROVIDERS, ADVERTISERS
AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, SOFTWARE AND/OR THE APPLICATION.
THE QUALITY OF THE THIRD PARTY TRANSPORTATION SERVICE PROVIDERS SCHEDULED THROUGH
THE USE OF THE SERVICE IS PARTLY UNDER THE RESPONSIBILITY OF THE THIRD PARTY
TRANSPORTATION SERVICE PROVIDERS AND THE COMPANY.
Neither the Company nor the Third Party Transportation Service Provider shall be liable for
any injury to your person or loss of life or delay of your journey due to an act of God including but
not limited to natural disasters, typhoons or flood, an act of war, civil disruptions or strikes or the
anticipation of the same, criminal acts or omissions of third parties, industrial actions, unforeseeable
traffic conditions, seizure under legal process, national or local disruptions to air, ground or water
transportation networks or breakdown in communication or information systems.
The Company provides no warranty, assurance, or promise that its technology, applications,
or customer service will work as intended on your phone, computer, tablet or other device.
The Company does not warrant or guarantee the availability, reliability, timeliness, accuracy,
or quality of the delivery services, Epickmeup App or the Service Provider.
The Company is not liable for any losses, damages, claims or costs including any
consequential, indirect or incidental losses or damages to your mobile device or any applications
stored therein as a result of installation or use of the Epickmeup App.
The Company is not liable for any losses or damages, including but not limited to any injury
which you may suffer, any damage to property owned by or in possession of you, or any Indirect
Loss and Damage, resulting from the Service Provider’s services, matters relating to Service
Providers, or the process of transportation by reason of you using the Service in your capacity as a
passenger.

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Disclaimer of Warranties
THE COMPANY MAY DO ITS BEST TO WARRANT OR GUARANTEE AS TO THE RELIABILITY
TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE
SERVICES, APPLICATION AND/OR THE SOFTWARE BASED ON THE AVAILABILITY OF THE TNVS AND
TRAFFIC SITUATION AND THE LIKE . THE COMPANY DOES NOT REPRESENT OR WARRANT ANY
ISSUES BEYOND ITS CONTROL AND SUPERVISION (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, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (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 HIGHEST AND MAXIMUM EXTENT AS LONG AS THEY ARE BEYOND THE
CONTROL AND SUPERVISSION OF THE COMPANY. 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 THAT ARE BEYOND ITS CONTROL AND SUOERVISION. YOU ACKNOWLEDGE AND AGREE
THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY
SERVICES, INCLUDING BUT NOT LIMITED TO THE SERVICE PROVIDER SHALL ONLY BE LIMITED TO
THE AMOUNT PAID TO THE COMPANY FOR PRE-ARRANGED BOOKING.
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.
Assignment
The agreement as constituted by the Terms of Use as modified from time to time may not be
assigned by you without the prior written approval of the Company but may be assigned without
your consent by the Company. Any purported assignment by you in violation of this section shall be
void.
General

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This Agreement shall be governed byFilipino law, without regard to the choice or conflicts of
law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of
or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of
the courts of the Philippines to which you hereby agree to submit to.
In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts
of the Philippines or where judgment of aFilipino court is unenforceable in the Alternate Country,
unresolved disputes shall be referred to the Philippines Dispute Resolution Centre (‘PDRC), in
accordance with the Rules of the 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 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.
No joint venture, partnership, employment, or agency relationship exists between you, the
Company or any third party provider as a result of the Terms of Use or use of the Service. If any
provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced to the fullest extent under law. This shall, without
limitation, also apply to the applicable law and jurisdiction as stipulated above. The failure of the
Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such
right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use
comprises the entire agreement between you and the Company and supersedes all prior or
contemporaneous negotiations or discussions, whether written or oral (if any) between the parties
regarding the subject matter contained herein.
You hereby agree that the Company is entitled to terminate this Agreement 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 transportation provider under this Agreement.