TERMS AND CONDITIONS
Please read this page carefully. It contains the Terms and Conditions governing your access to and use of the Transportify Software, Transportify Services and Transport (as each defined below) provided by Transportify and/or the Drivers who are independent contractors.
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 email@example.com.
1.1 “Transportify” refers to Deliveree Private Limited, and Deliveree Technology Philippines, Inc., or its affiliates, as the context requires, (collectively “Transportify”).
1.2 “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.
1.3 “Driver” refers to a driver who has agreed with Transportify to accept delivery bookings from a User by means of the Services;
1.4 “Goods” refers to any item, container, parcel, or package, either singularly or in plural that is transported by means of the Services;
1.5 “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;
1.6 “Ordinary Transport Fare” refers to the fee reflected in the Software which the User is required to pay to the Driver, and which the the Driver is entitled to collect from the User for delivery of 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.
1.7 ”Service” or “Services” refers to the service provided of 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 facilitatinge 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 , but do not include any actual activity of delivering Goods;
1.8 “Software” refers to Transportify’s technologies, website, and/or applications;
1.9. “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 its website;
1.10.9 “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;
“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 its website;
1.10 11. “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.
1.12. “Website” refers to www.transportify.com.ph and/or any of its subdomains or.
2. User’s Obligations
2.1 The User warrants and guarantees that he/she is the true owner of the Goods or an agent of the true owner of the Goods and is authorized to accept these Terms and Conditions for himself and/or as agent on behalf of the owner of the Goods.
2.2 The User shall ensure that the Goods are adequately prepared and secured to withstand the reasonable duress of ordinary transportation conditions such as physical loading, physical carrying, motorized transport, and physical unloading. The User shall seal any contents with extra care to avoid breakage, tearing, leakage, spilling, shrinkage, and/or any other nature of loss.
2.3 Before the delivery commences, the user shall inform the Driver of any specific precaution which should be applied to the handling of the Goods in accordance with their nature.
2.4 User shall, when requested or required by Transportify or the Driver, provide a full detailed description of the Goods. By tendering such description to Transportify and/or the Driver, the User certifies that the description of the Goods is true and correct at the time the booking is made, and for the duration that the Services and the Transport is intended to be rendered.
2.5. The User warranties that, when using the Services and delivering the Goods, he is complying with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Goods. User further warranties that the Goods are not in any manner or condition prohibited by law, considered dangerous or hazardous, highly perishable, and/or radioactive.
2.5 6 The User assumes full responsibility and liability for loss or damage suffered by the Driver or any third party as a result of any breach of the above Terms & Conditions.
3. User’s Prohibition
3.1 User shall, by no means, use the Services, or Software to commit, cause, induce, promote, or support any illegal acts or violate any legal rights or privacy of any person including tracking, stalking, and harassing any person.
3.2 User shall not use the Services or Software to produce or disseminate advertisements, spam, or any kind of messages which may cause nuisance to any party.
3.3 User shall not take any action that may cause delay, damage, or destruction of the operation of the Services or Software or the servers and network that are linked to the Software.
3.4 User shall make no attempts to undermine, impair, or damage Transportify’s Service or business, for example, attempting to circumvent the Service or Software by contacting the Driver directly, discouraging the Driver to use the Service or Software, failing to show up at the pickup point, or failing to prepare the goods for pickup on the date or time specified by the user. Transportify reserves the full right to make its own determination of which action shall be recognized as such detrimental act and may accordingly decide to withhold the provision of the Services or deny access to the Software.
3.5 User shall not commit any misrepresentation in the use of the Services or Software including use of the Services or Software in the name of or for the benefit of another person who has not given his/her consent. User is responsible for the use of the Software installed in his/her device and shall be responsible for the use of the Software or request for the Services transacted through his/her account whether or not such use was with his/her permission. Towards this end, User shall also refrain from allowing other people to use using the Software stored on other his/her device. without permission.
4. User’s Personal Data
4.1 Users confirms that the personal data provided by him/her are true and up to date.
4.2 User agrees to allow Transportify use of his/her personal data (including but not limited to name, contact number, email, and address) and transfer share such data to the Driver for the purpose of providing the Services and for the Driver to provide Transport. User also grants Transportify the freedom 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.
5. Driver’s Obligations
5.1 Driver shall make all commercially reasonable efforts under the circumstances to deliver the Goods according to the estimated time frame and schedule. User acknowledges however that the estimated time frame and schedule although it is noted that these estimates time frames are mere estimates and may not accurately factor in extraneous conditions such as accidents, traffic, weather, power outages, civic or civil disruptions.
5.2. Driver shall, under the circumstances occurred during the process of Transport, take all reasonable precautions to prevent any loss or damage to the Goods beyond the wear and tear of ordinary transportation conditions or any unauthorized or illegal access to the Goods attempted by any parties.
5.3. In the event Driver will not be able to comply with his obligations under this Clause 5 due to circumstances beyond his control, Driver shall exercise all commercially reasonable efforts to mitigate any loss or damage that maybe suffered by the Goods.
6. Driver’s Limited Liability
6.1 Driver shall not be liable for any loss or damage resulting from delays in delivering the Goods.
6.2 Drivers shall not be liable for any loss or damage of the Goods which arises from or is in relation to the following act, failure, or circumstances:
6.2.1 The User’s failure to perform its obligation under clauses 2.2 or 2.3 or to comply with User’s obligation under clause 2.4 of this User’s Terms and Conditions;
6.2.2 The Driver’s failure to perform any of his obligations due to circumstances outside his control; or
6.2.3 Any acts or ommission, whether done intentionally or through negligence, of any party other than the Driver.
6.3 Under any circumstances, Driver shall not be held liable for any Indirect Loss or Damage.
6.4 Except as provided under Clause 6.5. below, Driver shall have no authorization to open and inspect the Goods during Transport and hence bear no responsibility for the legality of the Goods or their compliance with any laws or regulations. Transportify or the Driver may, in the presence of the User or his representative, open the Cargo to verify whether User has complied with his obligations under Clause 2.4.
6.5. In the event Transportify or the Driver has a reasonable basis to believe that (i) User violated his obligations under Clause 2.4, and/or the Goods contain any material which is considered dangerous, or is prohibited by law, regulations, or public policy, User agrees that Transportify and/or Driver may, at its own discretion, cease delivery and dispose, destroy, or render innocuous the Goods, or any specific items or materials included therein, surrender the Goods to the appropriate authority, or return the same to the User without incurring any liability for the disposal, destruction, innocuousness of such goods or items, loss of possession or ownership in the Goods, or incomplete or delay delivery of the Goods.
6.6. In the event Transportify and/or the Driver may be required by law, government regulation, judicial administrative or regulatory decision, order or decree, or request by other regulatory organization having authority pursuant to the law, User acknowledges that Transportify and/or Driver may disclose personal data and/or any disclosures made by the User, including disclosure of the Goods made pursuant to Clause 2.4, in availing the Services and Transport. In any such case, Transportify may prior to disclosure, whenever practicable, notify the User in writing and shall provide assistance to User in protecting his data. User agrees to hold Transportify and/or the Driver harmless for any loss, or damage brought by compliance with such lawful order or authority.
6.7. The User agrees to indemnify and hold harmless Transportify and/or Driver from any liabilities, claims or lawsuit that Transportify and/or the Driver may suffer or any costs, damages or expenses, including legal costs, which may arise from the User’s breach of his obligations or warranties under Terms and Conditions or Transportify’s and/or Driver’s actions under Clause 6.5.
7.1. Delivery charges will be applied according to the Ordinary Transport Fare. The Ordinary Transport Fare accounts for the transportation of Goods with a specified maximum weight, size, and quantity and will be quoted based on the information and requirements provided by the User by means of the Services.
7.2. The User is obligated to pay the Driver the Ordinary Transport Fare in cash immediately when due, unless otherwise specifically agreed between the User and the Driver or the User uses Transportify Credits or any discount promotions to obtain the Services. In addition to the Ordinary Transport Fare, the user is also responsible to pay or reimburse Transportify or the Driver for additional expenses incurred in providing the services including, but not limited to, parking fees, toll fees, fees for additional wait times, and fees incurred for obtaining any permits or special licenses necessary in transporting the goods for and on behalf of the User.
7.3. The User is likewise obligated to pay and will be billed a cancellation fee in the following instances:
7.3.1. For Pre-Scheduled Bookings, cancellation must be made at least two (2) hours before the scheduled pick-up time, otherwise, a cancellation fee equivalent to thirty percent (30%) of the Ordinary Transport Fare;
7.3.2. For Immediate Bookings, in the event the Business Customer cancels upon or after arrival of the Business Driver, a cancellation fee equivalent to thirty percent (30%) of the Ordinary Transport Fare
7.4 The use of Transportify Credits shall be subject to the conditions set forth in the Transportify Credits Policy. This policy forms part of the Terms and Conditions and by accepting these Terms and Conditions, the User/Driver also acknowledges and agrees to the Transportify Credits policy. By accepting this Terms and Conditions, User likewise expresses agreement to the Transportify Credits Policy.
8. Referral Bonus
8.1 Transportify may, from time to time, offer referral bonus to the User who refers new User to use Transportify Services.
8.2 The User’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 User also accepts and agrees to the referral policy, as may be amended from time to time.
8.3 While Transportify will use its best effort to inform the User 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 User’s right to referral bonus earned prior to the amendment or discontinuation.
9.1 Transportify will, from time to time, introduce promotions which shall be subject to prevailing regulatory requirements. Transportify reserves the right to amend or withdraw any promotions at its sole discretion without prior notice in accordance with the applicable regulatory requirement, if any.
10.1 Without prejudice to Transportify’s disclaimers and limitation of liability under clause 11 and provided that the User has satisfactorily fulfilled the claim requirements set forth hereunder, Transportify may offer a compensation to the User for any loss, damage, or destruction of the Goods which occur during the Time of Transportation. For purposes of determining the eligibility of the User to make a claim for compensation under this clause, Time of Transportation shall mean the moment when the Goods have been securely placed on the Driver’s vehicle until Driver arrives at the drop-off point.
10.2 The compensation for any loss, damage, or destruction of the Goods shall be equivalent to the market value of the Goods lost, damaged, or destroyed but shall not exceed PhP 7,000 per delivery, or any other limit as may be provided in a separate agreement between User and Transportify. Transportify reserves the right to make its own reasonable determination of the market value of the Goods based on prevailing market rates.
10.3 Unless the following requirements are fulfilled, the User shall not be eligible to claim compensation from Transportify.
User has inspected the Goods and informed the Driver of any loss, damage, or destruction of the Goods found prior to digitally sign its name on the Driver’s device to acknowledge the completion of delivery. By signing its name on the device, the User thereby confirms that it has inspected the Goods and no loss, damage, or destruction of the Goods were found.
In the event the loss or damage cannot be ascertained by simple ocular inspection, the User has submitted its claim in writing by email to Transportify’s customer service within 24 hours after the Driver has arrived at the drop-off point.
10.4 The written claim submitted to Transportify as required under Clause 10.3 B. must at at all times contain:
delivery booking number;
detailed description of the lost, damaged, or destroyed Goods;
clear pictures of the lost, damaged, or destroyed Goods; and
possible cause of loss, damage, or destruction.
Any written claim that does not contain the above minimum required contents shall be considered as invalid claim and it shall be as if no written claim has been submitted to Transportify.
11. Transportify Disclaimer
11.1 Transportify and its Services, including but not limited to its Services, Software, and customer service are provided to the User on an “as is” basis.
11.2 Transportify provides no warranty, assurance, or promise that its Services, Software, or customer service will work as intended on User’s phone, computer, tablet or other device.
11.3 Transportify does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the Services, Software, or the Drivers.
11.4 Transportify is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to the User’s mobile device or any applications stored therein as a result of installation or use of Transportify’s Software.
11.5 Transportify is not liable for any losses or damages, including but not limited to any injury which the User or any person may suffer, any damage to property, including the Goods, owned by or in possession of the User 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.
11.6 In providing the Services, Transportify does not act as an agent or representative for the User or Driver and is not a party to the contract for hire between a User and a Driver.
11.7 Transportify reserves the right to suspend or terminate any engagement with the User or User’s account, created in order to use the Services or Software should Transportify believe that the User violates any provisions of this Terms and Conditions and any other policy related to it.
12. Intellectual Property Rights
12.1. 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.
12.2. 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, the User 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, its affiliates, 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,” “Transportify” 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.
13. User Submitted Content and Feedback
13.1. 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.
13.2. 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.
14.1 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 Software.
14.2 Transportify may, with User’s express consent, send any information regarding the Service or promotion to the User in the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The User permits Transportify to send these electronic messages to the User via the contact channels provided to Transportify by the User at the time of registering its account.
14.3 The User accepts fully and unconditionally the current form of the Terms and Conditions as represented on Transportify’s website at each use of the Services.
14.4 These Terms and Conditions shall be governed by the laws of the Republic of the Philippines and the User submits to the jurisdiction of the competent courts of Pasig City, to the exclusion of any other court or venue.