DRIVER’S TERMS AND CONDITIONS
Please read this page carefully. It contains the Terms and Conditions governing your access to and use of the Transportify Software, and the Services (as each defined below) provided by Transportify.
If you accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Transportify Software and/or the Services. By using the Services, you hereby expressly agree to these Terms and Conditions.
These Terms and Conditions are effective as of 1 August 2016. If you have any questions, feel free to email us at firstname.lastname@example.org.
1.1. “Committed Driver” refers to any Driver who applies and is accepted by Transportify into the Committed Driver Program as specified by Transportify;
1.2. “Committed Driver Bonus” refers to any bonus or incentive, monetary or in any other form, offered to a Committed Driver under the Committed Driver Program existing at any given time;
1.3. “Committed Driver Program” refers to a program offered by Transportify under which a Committed Driver will be entitled to receive a Committed Driver Bonus upon fulfilling the program requirements of Transportify. Invitation to join the Committed Driver Program will be sent to the driver who, based on applicable eligibility requirements determined by Transportify at the time, at its sole discretion, is qualified to join the Program;
1.4. “Committed Driver Service Fee” is the fee paid by the Committed Driver to Transportify for the use of the Services which shall be equal to a percentage of the daily amount that Committed Driver has earned from using the Services excluding the Committed Driver Bonus. Transportify shall specify and update from time to time the exact percentage of the Committed Driver Service Fee by taking into account all factors concerning participation of the Committed Driver in the Committed Driver Program and overall circumstances relating to the Committed Driver Program. Transportify will notify Committed Driver via email or SMS on the Committed Driver Service Fee upon any changes or updates;
1.5. “Transportify” refers to Deliveree Private Limited, and Deliveree Technology Philippines, Inc., or its affiliates, as the context requires, (collectively “Transportify”).
1.6. “Transportify Credits” refers to credits, coins, or tokens purchased or obtained by User from Transportify that can be used as payment for the Transport procured through the Services.
1.7 “Driver” refers to any Committed Driver or any driver who has agreed with Transportify to accept bookings from a User by means of the Services;
1.8 “Goods” refers to any item, container, parcel, or package, either singularly or in plural that is transported by means of the Services;
1.9 “Indirect Loss or Damage” refers to any loss or damage to any properties or rights of any person or any injury or harm to body or health of any person which was sustained during the provision of the Services but is not proximately caused by the delayed or unsuccessful delivery of the Goods;
1.10. “Ordinary Transport Fare” refers to the delivery fee specified in the Software which the User is required to pay to the Driver and the Driver is entitled to collect from the User for delivery of the Goods. Ordinary Transport Fare cannot be overruled or arbitrarily changed by the User and/or Driver. The Ordinary Transport Fare includes standard transportation fare calculated by the distance of delivery and the fees for optional services, for example, trolley, driver as helper for Goods loading and unloading, or extra helper.
1.11 “Service” or “Services” refers to the service provided by Transportify whereby, through the Software, the User makes a booking for delivery of Goods and the Driver accepts a booking from a User, and any other operations or activities of Transportify which includes matching User’s delivery booking with a Driver and facilitating delivery of Goods, such as providing information on location of pick-up and drop-off points, contact information of User and Driver, and any information relating to the delivery and service requested by the User to the Driver. The Services expressly excludes actual provision of transportation or any actual activity of delivering Goods;
1.12. “Service Fee” refers to the required fee paid by a driver other than a Committed Driver, to Transportify for the use of Services. The Service Fee shall be equal to a percentage of the daily amount that the Driver has earned from using the Services. Transportify shall specify and update from time to time the exact percentage of the Service Fee by taking into account all factors concerning participation of the Driver in the Service and overall circumstances relating to the Service. Transportify will notify the Driver via email or SMS on the Service Fee upon any changes or updates;
1.13 “Software” refers to Transportify’s technologies, website, and/or applications;
1.14 “Terms and Conditions” refers to these terms and conditions in their entirety, which are applied to the Services, as set out on www.transportify.com.ph and any amendments thereof made from time to time by Transportify and published on the Website and/or Software;
1.15 “Transport” refers to the services performed by the Driver which includes the provision of providing a vehicle or transportation and bringing Goods from point A to point B, as well as actual assistance in the delivery and pick-up of goods including provision of extra helpers for loading and unloading of Goods;
1.16. “User” refers to any person or customer of Transportify who accesses, downloads, register, or utilizes the Software to make a booking for delivery of Goods by means of the Services.
1.17. “Website” refers to www.transportify.com.ph and/or any of its subdomains.
2. Driver’s Obligations
2.1 Driver shall make all commercially reasonable efforts, under the circumstances, to deliver the Goods within the estimated time frame and schedule. While it is acknowledged that these estimated time frames are mere approximations and may not accurately factor in extraneous conditions such as accidents, traffic, weather, power outages, civic or civil disruptions.
2.2 Driver shall, under the circumstances occurred during the process of delivery, take all reasonable precautions to prevent any loss or damage to the Goods beyond the wear and tear of ordinary transportation conditions or allow any unauthorized or illegal access to the Goods attempted by any parties.
2.3 Driver is obligated to use vehicle(s) which are suitable and appropriate for delivery of Goods which reasonably ensures safe delivery and prevent loss, damage, or injury to the Goods, or to any person or property.
2.4 Driver is responsible for providing his/her own device which must be compatible with the Software.
2.5 The Driver is obligated to collect delivery fee, the Ordinary Transport Fare, from the User upon completion of delivery. Failure of the Driver to collect the Ordinary Transport Fare does not exempt the Driver from payment of the Service Fee.
2.6. In the event User was issued Transportify Credits or discount promotion coupons, and has used the same for payment of the Ordinary Transport Fare, Driver shall be entitled to collect the difference between the Ordinary Transport Fare actually collected from the User and the Ordinary Transport Fare reflected in the Software prior to application of the Transportify Credits and/or discount promotion coupons. In these cases, the payment by Transportify shall be made in accordance with the schedules determined by Transportify which, in any case, shall not be less than one payment per month. When making these payments, the Driver acknowledges and authorizes Transportify to withhold the applicable taxes on the amounts payable by Transportify, in accordance with the law.
2.7 Driver is obligated to collect no more than the Ordinary Transport Fare from the User upon completion of delivery.
2.8 All driver, with exception of Committed Drivers, are required to remit the Service Fee to Transportify on Tuesday of every week. Should that day be declared a holiday, drivers shall be required to remit the Service Fee on the next Business Day following the Tuesday. Late payment of the Service Fee will be subject to monthly interest calculated at the rate of 15% per annum.
2.9 Driver shall bear the costs and expenses relating to delivery of Goods including but not limited to procurement of the vehicle, repair and maintenance of the vehicle, gasoline, parking, toll fees. Any fine or fees for citations or violations shall be for the account of the Driver.
2.10 Driver shall make an initial refundable deposit in an amount determined by Deliveree as a requirement to activate his driver account.
2.11 Driver shall complete at least 1 booking within 90 days of his account being activated/approved by Deliveree. If Driver has not completed at least 1 booking within 90 days of his account being activated/approved by Deliveree, Driver forfeits his initial deposit mentioned in section 2.10 and such initial deposit will be recognized by Deliveree as an application fee paid by Driver to Deliveree.
3. Driver’s Limited Liability
3.1 Driver shall not be liable for any loss or damage resulting from delays in delivering the Goods, unless such delay is due to Driver’s willful act, or gross negligence.
3.2 Drivers shall not be liable for any loss or damage of the Goods which arises from or is suffered in relation to the following:
3.2.1 The User’s failure to perform its obligation under clauses 2.2 and 2.3;
3.2.2. The User’s violation of its warranty under clause 2.5 of the User’s Terms and Conditions;
3.2.3. The Driver’s failure to perform any of his obligations as a consequence of circumstances outside his control, in which case, Driver shall exercise all commercially reasonable efforts to mitigate any loss or damage that may be suffered by the Goods as a consequence thereof; or
3.2.3 Any acts or omissions, whether done intentionally or due to negligence, of any party other than the Driver.
3.3 Under no circumstances will Driver be held liable for any Indirect Loss or Damage.
3.4 Except as provided under clause 6.4., 6.5., and 6.6. of the User Terms and Conditions, Driver is prohibited from opening and inspecting the Goods and hence bear no responsibility for the legality of the Goods or their compliance with the applicable laws or regulations.
4. Driver’s Prohibition
4.1 Driver may only accept bookings from Transportify and shall not accept or solicit any booking for delivery of Goods directly from a User or from another Driver.
4.2. Driver shall be responsible for the booking that he has accepted and is prohibited from forwarding the booking to another driver or person under any circumstances.
4.2 Driver shall not perform any other delivery, or provide Transport to any other person, or accept any User’s booking for delivery of Goods which may cause delay to the delivery that he/she has already accepted and in the process of performing the delivery.
4.3 Driver shall, by no means or circumstances, use the Services, Software or the acceptance of the booking and provision of the Transport, to commit, cause, induce, promote, or support any illegal acts or violate the personal and property rights or privacy of any person including tracking, stalking, and harassing any person.
4.4 Driver shall, by no means, use the Services, Software, or the acceptance of the booking and provision of the Transport, to produce or disseminate advertisements, spam, or any kind of messages which may cause nuisance to any party.
4.5 Driver shall not take any action that may cause delay, damage, or destroy the operation of the Services or Software or the servers and network in which the Software is connected.
4.6 Driver shall make no attempts to undermine, impair, or damage Transportify’s Service or business, for example, by attempting to circumvent the Service or Software by contacting the User directly, or discouraging the User to use the Service or Software. Transportify reserves the full right to make its own determination of which action shall is analogous to the foregoing and recognize the same as such detrimental act.
4.7 Driver shall not commit any misrepresentation in the use of the Services or Software including acts of using the Services or Software in the name of another party. Driver shall also refrain from using the Software stored on device of any other person or allow another person to use his account.
4.8. Driver shall ensure custody of his device where the Software is installed at all times, as well as his username and password. Driver shall responsible for any booking or activity done through his account and may not excuse himself from liability should a third party access the same without his consent. In the event Driver’s device was lost or stolen, he shall immediately inform Transportify of such and work with Transportify in ensuring that the data stored therein will not be illegally used or misappropriated.
5. Driver’s Personal Data
5.1 Driver confirms that any personal data provided to Transportify is true and up to date. Should there be any changes in the data provided, Driver confirms that he will inform Transportify of such change as soon as possible, in any case not later than [24 hours] after the change occurred.
5.2 Driver agrees to allow Transportify use of his/her personal data (include but not limited to name, contact number, email, and address) and transfer such data to the User to provide the Services and coordinate the Transport. Driver also grants Transportify the freedom and authority to compile, collect, store, and update his/her personal data to such extent, for and at such time period as may be necessary during the time Transportify provides the Services.
6. Specific Terms for Committed Driver
6.1 Apart from acting in compliance with this Terms and Conditions, Committed Driver must comply with the following requirements:
6.1.1 Committed Driver is obligated, on the days and at the times agreed, to accept all bookings from the Software and any other bookings communicated to him by Transportify.
6.1.2 Once Committed Driver has accepted any booking for delivery of Goods, the Committed Driver must not later reject to carry out the delivery of Goods that he/she has accepted.
6.1.3 Committed Driver must provide every delivery service with civility, friendliness, punctuality, and professionalism, maintain the premium service standard, and strive to attain high satisfaction of the User or customer in accordance with the standards provided by Transportify and the training given to the Committed Driver;
6.1.4 Committed Driver must provide the Transport with highest regard for the safety of any persons, properties, and Goods; and
6.1.5 Committed Driver must attend every training as requested by Transportify.
6.2 Committed Driver acknowledges and accepts that failure to fulfill any of the obligations set forth in clause 6.1 may result in the immediate termination or reduction of the Committed Driver Bonus.
6.3 Committed Driver shall remit the Committed Driver Service Fee to Transportify on Tuesday of every week. If Tuesday is a holiday, the Business Day immediately following. Late payment of the Service Fee will be subject to monthly interest calculated at a rate of 15% per annum.
7. Referral Bonus
7.1 Transportify may, from time to time, offer referral bonus to the Driver who refers new User to use Transportify Services. A new User is defined as someone who has never availed of Transportify Services either through the Software or via other methods of booking.
7.2 The Driver’s entitlement to receive referral bonus and the payment of such bonus by Transportify shall be subject to the conditions set forth in the referral policy. This policy forms part of the Terms and Conditions and by accepting these Terms and Conditions, the Driver also accepts and agrees to the referral policy.
7.3 While Transportify will use its best effort to inform the Driver of any updates regarding the referral bonus, Transportify reserves the right to commence or cease the referral bonus arrangement or amend the referral policy at any time as Transportify deems appropriate. Discontinuation or amendment of the referral policy shall not affect the Driver’s right to referral bonus earned prior to the amendment or discontinuation.
8.1 Transportify will, from time to time, introduce promotions which shall be subject to prevailing regulatory requirements. Transportify reserve the right to amend or withdraw any promotions at its sole discretion without prior notice in accordance with the applicable regulatory requirement, if any.
9. Transportify’s Disclaimer
9.1 Transportify and its Services, including but not limited to its Services, Software, and customer service are provided to the Driver on an “as is” basis.
9.2 Transportify provides no warranty, assurance, or promise that its Services, Software, or customer service will work as the whole time as intended on Driver’s phone, computer, tablet or other device.
9.3 Transportify does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the Services, or Software.
9.4 Transportify is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to the Driver’s mobile device or any applications stored therein as a result of installation or use of Transportify’s Software.
9.5. Transportify is not liable for any losses or damages, including but not limited to any injury which the Driver or any person may suffer, any damage to property owned by or in the possession of the Driver or any parties, or any Indirect Loss and Damage, resulting from the Services, matters relating to Drivers, or the process of transporting the Goods. Any movement of the Goods involving a User and a Driver is a direct contract for hire between those parties to which Transportify is not a party.
9.6 In providing the Services, Transportify does not act as an agent or representative for either the User or Driver and is not a party to the contract for hire between a User and a Driver.
10. Intellectual Property Rights
10.1. The Website, the Software, and all rights, title, and interest in and related thereto are the sole property of Transportify, its licensors, and are protected by Intellectual Property Laws. Except for, when applicable, the limited licenses expressly granted to you in these Terms and Conditions, Transportify reserves for itself and its licensors all other rights, title to, and interest.
10.2. Third party materials, if any, and all rights, title, and interest pertaining thereto, are the sole property of the relevant third parties and are subject to any applicable licenses, conditions and/or reservations.
12.3. Without limitation on the foregoing, Driver may not reproduce, copy, modify, display, sell or distribute the Software, or any content displayed on the Software, or use them in any other way for public or commercial purpose without securing the consent of Transportify, and or the relevant third party. Violation of this provision would automatically terminate your permission to use the Software or access the Services, as such you must immediately destroy any and all copies you made of the Software or any content displayed therein.
12.4. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider,” any web pages or any Services provided on the Software other than any search engine and search agents available from Transportify on the Software and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Opera, Chrome, etc.); and (c) aggregating, copying or duplicating in any manner any of the content or information available from the Software, without the express written consent of Transportify. The use of the content from the Software on any other website, intranet, or in a networked computer environment for any purpose is strictly prohibited.
12.5. “Transportify,” “Transportify Logo,” “t logos,” “welcome to the REVOLUTION,” and certain other names or logos are service marks or trademarks of Transportify, and all related product and service names, design marks and slogans are the service marks or trademarks of Transportify. The “look and feel” of the Software and Website (including, without limitation, the color combinations, button shapes, layout, design, and all other geographical elements) are also protected by Transportify trademarks, service marks, and copyrights). Any code that Transportify creates or may have created to generate or display the Software, Website or the pages of the Website are also protected by intellectual property rights. All other trademarks and service marks contained on the Software and Websites are the trademarks or service marks of their respective owners.
11. User Submitted Content and Feedback
11.1.Transportify welcomes comments, and suggestions regarding the Services, Transport, and the Software and Website. Please note however, that Transportify does not accept nor consider creative ideas, suggestions, inventions or materials other than those which it has specifically solicited or requested.
11.2. If you submit feedback regarding the Software, Website, Services or Transport, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If you proceed, despite this notice, in sending Transportify creative suggestions, ideas, drawings, concepts, inventions, or other content or information, you understand and agree that these submissions shall become property of Transportify. Further, by submitting the same, you irrevocably assign the right to these submissions and Transportify shall own exclusively all rights to these submissions and shall be entitled to the unrestricted use of these submissions for any purpose whatsoever, without compensation to you or any other person.
12.1 Transportify may amend these Terms and Conditions from time to time and it reserves the right to do so without prior notice. Any amendments of the Terms and Conditions shall be posted on Transportify’s website and/or Software.
12.2 Transportify may amend the Service Fee and Committed Driver Service Fee from time to time and it reserves the right to do so without prior notice. Any change in the Service Fee and Committed Driver Service Fee will be applied prospectively. For the avoidance of doubt, all services rendered by the Driver under the prior Service Fee and Committed Driver Service Fee schedule shall not be affected by the changes in the Service Fee and Committed Driver Service Fee.
12.3 Transportify may send any information regarding the Service or promotion to the Driver in the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The Driver permits Transportify to send these electronic messages to the Driver via the contact channels provided to Transportify by the Driver at the time of registering its account, or any changes thereto communicated to Transportify.
12.4 Driver accepts fully and unconditionally the current form of the Terms and Conditions as represented on Transportify’s website and/or Software at each use of the Services.
12.5 These Terms and Conditions shall be governed by the laws of the Republic of the Philippines and the Driver submits to the jurisdiction of the competent courts of Pasig City, to the exclusion of any other court or venue.