USER AGREEMENT

 

Please read the terms contained in this agreement (“Terms of Use”, “User Agreement” or “Agreement”) carefully before using www.kuyapabili.com (hereinafter referred to as “Website” or “Site”) or its mobile application (hereinafter referred to as “Application” or “App”). This Agreement sets out legally binding terms of use between the user of this site and Kuya Padala Delivery Services (the “Company”) that monitors and has ownership rights to the Site and App. By accessing and/or using the Site and the App the user acknowledges that he/she has read understood and agree to be legally bound by the terms and conditions set forth in this document. If you do not agree to abide by this User Agreement, you are not permitted to access or use the Site / App. All text, graphics, design, content, and other works are copyrighted works of Company. The Company acknowledges proprietary rights of third parties displayed on the Site and App.  

For purpose of this Agreement the terms “we”, “us” or “our”, refer to the Company, Site and App, used interchangeably. When you use the service available on the Site or the App, you consent to our collection, use, and disclosure of information about you as described in this Agreement.   

This Agreement is effective from 7/13/2020 and continues until revoked by the Company.

1. YOUR PRIVACY IS IMPORTANT TO US

1.1 Your privacy is important to you and to us. We’ll protect the information you share with us. To protect your privacy, the Site follows different principles in accordance with worldwide practices for customer privacy and data protection.

1.2 We at the Company are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. For purpose of this Policy, Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or home. In general, you can visit the Site’s web pages without telling us who you are or revealing any Personal Information about yourself. If however, Personal Information is revealed to us, we won’t sell or give away any content of your Personal Information to anyone except people who may be involved in the delivery of Service.  


1‘User’ shall have the same meaning as defined under Section 2 (1) (j) of the Information Technology (Intermediaries Guidelines Rules, 2011). Per the said Rules, user means any person who accesses or avails any computer recourse of intermediary for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the computer recourses of an intermediary.

2. information we collect and how we use it

2.1 When you visit the Site or use our Service, we collect and store information about you, your computer or mobile device and your activities. This information may include, but is not limited to:

2.2.1 Your computer’s IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system).

2.2.2 Your mobile device’s unique ID number (when available), your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically).

2.2.3 Your provided full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. You may optionally provide us with this information through third party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.

2.2.4 How long you visited our service and which features you used.

2.2.5 We gather information from members and guests who apply for the various Services that our site offers. It includes, but may not be limited to, email address, first name, last name, a user-specified password, e-mail Id, mailing address, zip code and telephone number or fax number. We collect information primarily to ensure that we are able to fulfill your requirements and to deliver personalized experience.

3. Use of the Software; Kuya Padala’s Services

3.1 User is permitted to install a copy of the Software on User’s mobile device for use in the Philippines provided that User shall not use the Software or the Services for any commercial purposes. Other than the license to use the Software as herein provided, no other license or right is granted to the Use and ownership of the Software and all other rights are hereby expressly reserved by Kuya Padala. User shall not:

a. rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties;

b. modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software;

c. interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software;

d. upload or send out any kinds of computer viruses, worms, trojans, or malicious codes;

e.install and/or execute the Software on any device other than the mobile device running the operating systems approved by Kuya Padala.

3.2 The Software is delivered to Users on an “as is” basis and although Kuya Padala has used its best endeavors to make the Software work properly on mobile devices, Kuya Padala does not warrant the performance of the Software nor the compatibility of the Software with Users’ mobile devices.

3.3 User may use the Software to submit a proposal to engage Private Carrier Services for compensation to be determined in accordance with the prevailing “Rates” on the Software (an “Order”) and under terms and conditions provided in Annex “A”.

3.4 Kuya Padala provides Services to facilitate the perfection and performance of the Contract between the User and the Participating Driver, as follows:

a. the computation and determination of the fees and charges for the fulfillment of an Order;

b. the publication of the details of an Order to eligible Participating Drivers for their acceptance;

c. upon the acceptance by a Participating Driver of an Order, the transmission to the User of the details of the Participating Driver who has accepted the Order;

d. where the option for payment using the User Wallet is selected by the User, the confirmation of receipt of the payment of the fees and charges, for and on behalf of the Participating Driver, which sum shall be deducted by Kuya Padala from the User Wallet of the User for  the account of the Participating Driver.

3.5 The Orders submitted through the Software are completely and independently fulfilled by the Participating Driver pursuant to the Contract with the User. Kuya Padala is not a party to the Contract.

3.6 Kuya Padala reserves the right, but shall not be obliged, to pursue investigations and/or inquiries on the conduct and/or alleged violations by Participating Drivers based on User’s reports or complaints, and to impose appropriate penalties or consequences on the Participating Drivers, at the sole and absolute discretion of Kuya Padala.

4. Determination of Fees and Charges

4.1 The User will be charged the Standard Transport Fee in accordance with the prevailing “Rates” at the time of the Participating Driver’s acceptance of the Order.

4.2 Prevailing rates are indicated in the “Rates” section on the Kuya Padala website or in the Software.

4.3 The fees and charges for the User’s Shipment are determined in accordance with specified maximum weight, size, and quantity of the delivery item/s, the vehicles used, and add-on services availed, if any, as the case may be.

4.4 Additional charges, including but not limited to toll, parking fees and such other fees and expenses which are necessary, related or incidental to effect delivery to the recipient or return of the Shipment to the User shall be for the User’s exclusive account and are not included in the Standard Transport Fee to be charged against the User.

4.5 An adjustment of the rates as well as additional charges shall likewise apply if the weight, size, or quantity of the Shipment declared by the User are different from the actual weight, size, or quantity thereof.

4.6 In the event that the Shipment is not accepted or refused by the recipient or the recipient’s representative/s, all expenses for the return of the Shipment to the User shall be shouldered by the User.

4.7 No cancellation fees are chargeable as long as an Order is cancelled and communicated within sixty (60) minutes before the start of the Order pickup time. In the event that the cancellation was made after the Order pickup time has started, User shall be charged with the Standard Transport Fee as provided under Section 4.1.

4.8 The User shall pay the Participating Drivers in accordance with the agreed mode of payment selected through the Software upon submission of the Order.

4.9 For Users availing of payment using the User Wallet option, the final adjusted rates and additional charges shall be deducted from the User’s Wallet. Of the total fees and charges to be deducted from the User Wallet as a result of a completed delivery of a Shipment, eighty percent (80%) shall be paid to the Participating Driver, while twenty percent (20%) shall be received by Kuya Padala on its own behalf. If an Order is cancelled within sixty (60) minutes before the start of the Order pickup time, Kuya Padala will automatically undo the transaction for debiting of funds from the User’s Wallet.

4.10 For and in consideration for the performance of the Services, Kuya Padala shall be entitled to a percentage in the total fees and charges due for an Order, pursuant to Section 4.9.

 

5. User’s Obligations, Warranties and Undertakings

5.1 User warrants that he has the legal capacity to enter into and form contracts under Philippine laws.

5.2 By availing of Kuya Padala’s Services, the User conclusively agrees that the Private Carrier Services to be provided by the Participating Driver shall be subject to the terms and conditions herein provided, those provided in Annex “A” hereof, and the Privacy Policy provided in Annex “B”.

5.3. By availing of Kuya Padala’s Services, the User shall provide Kuya Padala complete and accurate information in submitting the Order, such as the description of the delivery items included in the Shipment, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Shipment, if any, through the Software for initial determination of applicable rates.

5.4 The User warrants that he is either the owner or the authorized agent of the owner of the Shipment, and that he is authorized to accept and is accepting these Terms and Conditions not only for himself but also as agent for and on behalf of the owner of the Shipment.

5.5 User shall be responsible for the security of his account, shall safeguard any login name and password Kuya Padala may provide in relation to the Software and the Services and shall not disclose them to third parties, and undertakes to immediately notify Kuya Padala if there is any reason to believe that the security of the account has been compromised.

5.6 The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Shipment. User shall not propose to dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Participating Driver or the delivery vehicle.

5.7 The User is liable for any loss or damage suffered by the Participating Driver, Kuya Padala or any third party as a result of User’s violation/s of herein terms and conditions and/or the Contract with the Participating Driver.

5.8 The User agrees to hold Kuya Padala free and harmless from any legal liability to any third party as a result of any breach of the User’s obligations under herein terms and conditions and/or the Contract with the Participating Driver.

5.9 The User acknowledges that he or she has full and complete control over the outstanding balance of the User Wallet, including the right to demand a refund of the same, until a deduction is effected with respect to the outstanding balance as a result of a completed transaction.

5.10 The User acknowledges that, in the event the Shipment is not accepted by the designated recipient, Kuya Padala shall return the same to the User within the same day. If the User fails to provide a Philippine address for the return of the said
Shipment or fails to accept the return of the same, Kuya Padala shall not be held liable for the said Shipment and may dispose the Shipment within one (1) calendar day if the Shipment is perishable or ten (10) calendar days if non-perishable from the date when Kuya Padala attempts to return to the User the Shipment and in any manner as Kuya Padala may deem fit. In addition, Kuya Padala shall have the right, but not the obligation, to open and inspect the Shipment during the said period before disposal. All expenses for the return of the Shipment to the User shall be shouldered by the User. Upon the lapse of the said period, the User shall be deemed to have forfeited and/or waived all rights to such Shipment, as well as any and all claims that it may have against Kuya Padala as a result of the return of the Shipment.

6. DISCLAIMER AND LIABILITY

6.1 User and service provider expressly agree that use of Services is at their sole risk. Neither the Company its affiliates nor any of its respective employees, agents, service providers, third party agents warrant that the Company’s Services will be uninterrupted, faulty or error free. The Company makes no representations about the accuracy of the information contained in the material provided and graphics on this Website for any purpose. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, shall the Company be liable to any party for any direct, indirect, special or other consequential damages for any use of the Services, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Company is expressly advised of the possibility of such damages. The Company is not responsible for any incorrect or inaccurate content provided to the user or service provider whether on the Site or otherwise. The user and service provider must use its discretion before availing Services of the Company.

6.2 User and service providers agree and assure to not hold the Company, its employees, agents, directors, officer bearers, managers, investors, donors, and licensors responsible, for and against all losses, whether financial, intellectual, mental, physical (including misuse of debit / credit card and online banking facilities) or otherwise, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of the Site or Services. Despite regular controls the Company is not liable for any mishap or misuse of financial or personal information of the service provider. We reserve the right to be indemnified for the above mentioned. In such event, user shall provide us with such cooperation as is reasonably requested by us.

6.3 The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and Subscribers or to any other person’s computer related to or resulting and/or in connection with the Company’s service. The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content of study material made available to subscribers.

6.4 The Company does not warrant or guarantee that the information contained on the Site is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omission, whether such errors or omissions result from negligence, accident or any other cause. Before availing Services, user discretion is advised. The Company further assumes no liability for the interpretation and/or use of the information contained on this Site, nor does it offer a warranty of any kind, either expressed or implied. Also, we do not guarantee that the use of our Services, resources and/or information provided on the Site will meet your needs or requirements. We do not also guarantee that the information obtained by using our Services will be accurate.

6.5 The Company makes no commitment to update the information or materials on this Website which, as a result, may be out of date. Neither us, nor our officers, directors, employees, agents or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information provided by us. The Company reserves the right to revise these terms at any time. User is responsible for reviewing this page from time to time to ensure compliance with the then current terms and legal restrictions because they will be binding upon them.  

6.6 Force majeure: the Company will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the Company within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

 

6.7 Kuya Padala does not provide delivery or transportation services, and except to the extent that it provides the Services as defined herein, does not perform, manage, supervise or control the Private Carrier Services which are completely, exclusively and independently performed by the Participating Driver.

6.8 Kuya Padala is a software company and is not, and does not represent itself to be, engaged in the activities of a common or private carrier or a public utility.

6.9 Kuya Padala does not warrant the availability of Private Carrier Services and the availability of delivery vehicles as may be requested by a User in an Order, the accuracy of the data or information provided as part of the Services, or the quality of the Private Carrier Services and the condition of the delivery vehicles provided by the Participating Drivers.

6.10. Kuya Padala shall not be liable to User for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to their mobile devices as a result of their installation and/or execution of the Software, or their availment of the Services or the Private Carrier Services using the Software, even if Kuya Padala or its representative has been advised of the possibility of such loss, damage or claim from User.

6.11. Kuya Padala is not the agent, principal, partner or employer of Participating Drivers or Users.

6.12. The rights, obligations and remedies between the User and Participating Driver are set forth in their Contract, which is hereby expressly acknowledged by the User as a special contract of private carriage of goods, as contemplated under the laws of the Republic of the Philippines. Kuya Padala shall not be liable for any loss or damages, including any injury which a User or Participating Driver may suffer as a result of the provision of the Private Carrier Services contracted by the User from a Participating Driver using the Software.

 

 

7. INDEMNIFICATION

7.1 User and service provider shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Website and all charges related thereto shall be borne by the concerned parties.

7.2 The Company will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by user or service provider as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.

8. Disclaimer of warranty and limitation of liability

8.1 Users expressly agree that use of the Website / App is being used at his / her sole risk. Neither us nor our affiliates, employees, directors, partners, agents, third party content providers or licensors warrant that the Website / App will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website / App, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website / App.

8.2 The Website / App is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

8.3 Notice of liability: despite regular controls we are not liable for any negligence at our hands, should one occur. The said user is himself fully responsible for his / her respective usage.. Please contact us if you notice pages with illegal or immoral content. The legal information in this Agreement also applies to our social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like.

8.4 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that we are not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.  

8.5 In no event will we or any person or entity involved in creating the Website and Mobile Application be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Website / App. User hereby acknowledges that the provisions of this section shall apply to all content on the Site and our Mobile Application.

8.6 In addition to the terms set forth above neither we nor our affiliates, suppliers or vendors shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the Website / App, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.  

8.7 This User Agreement template is not legal advice and by using them you agree to this disclaimer. The content of this document is for informational purposes only and does not constitute advertising, a solicitation or legal advice. Its recommended that you should take independent legal advice before publishing this agreement on your site or mobile application. You should read the information with care and modify, delete or add all and any areas as necessary. Use of, access to or transmission of such materials and information or any of the links contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship between us and the user. The information contained is provided only as general information and may or may not reflect the most current legal developments; accordingly, information is not promised or guaranteed to be correct or complete. We expressly disclaim all liability in respect to any actions taken or not taken based on any or all of the contents of this content.

8.8 Disclaimer of Content: Every effort has been made to ensure that the information contained in this Site / App is accurate and true. The content of the Site / App is believed to be correct at the time of compilation. However, the Company makes no representations or warranties about the content and suitability of the information contained herein for any purpose. The Company, its servants, agents and employees disclaim all liability for the accuracy, completeness, or usefulness of any information, apparatus, products or process disclosed and for any error or omission therein.

9. Restrictions

9.1  You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. Even though the Company does everything in its hand to protect both your information and financial transaction details, the Site is not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on out Site.

10. MEMBER ACCOUNT, PASSWORD, AND SECURITY

10.1 Since the Services require user and service provider to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that user may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using user’s account or password.

11. PAYMENT SECURITY

11.1 The Site has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.

11.2 Since this is an intermediary and an ‘information only site’, we do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our website or online payment gateway service providers (“OPGSPs”), listed on the Site, you must ensure that you agree to the terms and conditions of the said OPGSPs agreement. The Company shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.

11.3 Resolution of all payment related complaints shall remain the responsibility of OPGSPs concerned. Users must read and agree to privacy policy and online security framework of respective OPGSPs listed on the Site before transacting. We do not take responsibility for any security lapse, should infringement or violation happen as a result of you accessing an OPGSP listed on the Site.

12. Feedback  

12.1  All comments, feedback, information or materials submitted to the Company through or in association with our Website shall be considered non-confidential and Company’s property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to the Company of worldwide rights to use, copy, modify, display and distribute the submissions. The Company may use such comments, information or materials in any way it chooses in an unrestricted basis. Users are welcome to provide candid feedback to us.

13. Cookie Policy

When you visit our Site, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our Service. Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the Site may not function properly. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various sites so that they can display targeted advertisements.

14. General Provisions and termination

14.1 If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the Site.

14.2 You agree that we may, at our sole discretion, permanently or temporarily suspend or terminate your access to all or parts of the Site and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement, and/or any suspected illegal and/or fraudulent or abusive and/or competitive activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site will immediately cease.  

15. Participating Driver’s Warranties; Duties and Obligations

15.1. The Participating Driver warrants that he is a duly licensed driver in accordance with the laws of the Philippines, and that he is the registered owner or the authorized driver of the delivery vehicle to be used in this Contract.

15.2 The Participating Driver undertakes to personally execute the duties and obligations of the private carrier under this Contract.

15.3 The Participating Driver represents and warrants to the User that he has the special skills, appropriate delivery vehicle and sufficient property to perform the Private Carrier Services under this Contract and in accordance with the instructions of the User as indicated in the Order.

15.4 The Participating Driver undertakes to faithfully comply with the Participating Driver’s Code of Conduct and with the terms and conditions of this Contract.

15.5 The Participating Driver shall provide any additional manpower requirements as may be indicated in the Order, and shall exercise direct supervision and control over the acts and services performed by the additional personnel provided by him.

15.6 The Participating Driver shall provide due compensation to the additional personnel which he contracts to provide assistance to him in fulfilling the Order, and shall comply with all applicable laws in dealing with his assistants.

15.7 The Participating Driver agrees that he may be reported by the User to Kuya Padala for any violation of this Contract, and after due inquiry by Kuya Padala, may be penalized for his violation of the terms and conditions of this Contract and that he may be off-boarded from the Software as a consequence thereof.

15.8 The Participating Driver warrants that he is not engaged in the business of a public utility or a common carrier, and that he is not an employee, representative, agent, principal or officer of Kuya Padala.

15.9 The Participating Driver shall refuse any Shipment that is or appears to be prohibited by law, dangerous or hazardous materials or substances, and radioactive material, or which may be harmful to the Participating Driver or the delivery vehicle.

15.10 The Participating Driver shall exercise the diligence of a good father of the family to transmit the Shipment. He shall take reasonable precaution to prevent unauthorized persons from accessing the Shipment. He shall take reasonable precaution against loss of or damage to the Shipment while in transit.

15.11 The Participating Driver shall use reasonable effort to deliver the Shipment according to the instructions of the User and the estimated time of arrival. Participating Drivers shall not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery thereof for whatever reasons, unless the delay is directly caused by the gross negligence or fault of the Participating Driver.

15.12 The Participating Driver shall not be liable for any loss or damage arising from or in connection with the User’s violations of warranties and obligations as stated in the User’s Terms and Conditions or in this Contract.

15.13 The Participating Driver shall not be liable for any delay in delivery of the Shipment, loss or damage due to force majeure, or any acts or omissions of any party other than the Participating Driver or his agents/assistants.


 

 

16. User’s Warranties; Duties and Obligations

16.1 The User warrants that he has the legal capacity to enter into this Contract under Philippine laws.

16.2 The User conclusively agrees that the Private Carrier Services to be provided by the Participating Driver shall be subject to this Contract.

16.3 The User acknowledges and agrees that the Participating Driver is a private carrier, and is not a public utility or a common carrier and thus, the rules pertaining to public utilities or common carriers shall have no application to this Contract.

16.4 The User warrants that he has provided complete and accurate information in submitting the Order, such as the description of the delivery items included in the Shipment, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Shipment, if any, through the Software, and agrees that the Participating Driver may rely upon the information provided by the User as true and correct without conducting an independent verification of the same.

16.5 The User warrants to the Participating Driver that he is either the owner or the authorized agent of the owner of the Shipment, and that he is authorized to enter into this Contract not only for himself but also as agent for and on behalf of the owner of the Shipment.

16.6 The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Shipment. User shall not dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Participating Driver or the delivery vehicle.

16.7 The User bears complete responsibility to ensure that the Shipment is adequately packed to protect against damage in the course of transit. It is conclusively presumed that the delivery items in the Shipment are inadequately packed if it appears to have been removed without the case, wrapper or container, or where the seal or packaging of the delivery items in the Shipment are torn or broken.

16.8 The User agrees that Participating Driver is not obliged to open and inspect the Shipment, and that Participating Driver shall bear no responsibility or any legal liability resulting from the transportation of the Shipment.

16.9 The User is liable for any loss or damage suffered by the Participating Driver or any third party as a result of User’s violation/s of this Contract.

16.10 The User agrees to hold the Participating Driver free and harmless from any legal liability to any third party as a result of any breach of the User’s warranties, duties and obligations.

16.11 The User agrees and undertakes to indemnify the Participating Driver against any and all assessments, liabilities, claims, suits, demands, damages, judgments, fees, costs, fines, penalties, interests and expenses of any nature whatsoever that the Participating Driver may suffer arising out of or in connection with the transportation of accompanying persons to the Shipment upon the request of the User.

 

17. Miscellaneous

17.1 Participating Driver’s Limited Liability. 
The liability of the Participating Driver to the User for loss or destruction of the Shipment shall be limited to Two Thousand Pesos (PHP 2,000) for shipments where delivery is through a motorcycle; Three Thousand Pesos (PHP 3,000) for shipments where delivery is through a 4-wheeled vehicle. The User shall bear the risk of loss if he avails of the Private Carrier Services for Shipments with a value exceeding this amount. Any and all claims for any loss or destruction of the Shipment must be submitted by the User to the Participating Driver within a period of one (1) calendar day if the shipment is perishable and ten (10) calendar days if non-perishable from the date when the Shipment was placed in the possession of the Participating Driver for purposes of delivery. Any claim submitted by the User beyond the ten-day period shall be deemed waived. The User and Participating Drivers agree that Kuya Padala is not a party to this Special Contract of Private Carriage of Goods and therefore shall not be liable to loss or destruction of Shipment for any reason whatsoever.

17.2 Entire agreement. Both parties acknowledge that they have read this Contract, understood it and agreed to be bound by its terms and further agree that this Contract, together with the terms of the relevant Order, constitutes as the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the parties relating to the subject matter of this Contract. No representation, promise or inducement has been made by either party that is not embodied in this Contract, and neither party shall be bound by or liable for any alleged representation, promise or inducement not otherwise contained in this Contract.

17.3 Governing Law. This Contract shall be governed by and construed in accordance with the laws of Philippines.

17.4 Venue of Action. In the event of any dispute, controversy, or claim arising from or relating to this Contract or the relevant Order, or the interpretation thereof, or any arrangements relating thereto or contemplated therein, or the breach, termination, or invalidity thereof, the parties hereto agree that venue shall be exclusively and properly set in the courts of Malvar, Batangas, Philippines.

17.5 Severability. If any provision of this Contract is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.

 

IN WITNESS WHEREOF, all users, visitors and service provide agree that they have read this document and agrees to be bound by them for as long as they continue to either use the Site or avail Services of the Company.

 

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