GoCab

GoCab Driver's Terms and Conditions

Terms and Conditions, duties and responsibilities, obligations, warranties and undertakings for GoCar Participating Drivers

Introduction

Please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, and accepted the Terms and Conditions. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms and Conditions of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms and Conditions for Participating Drivers or TND (the "Contract") expressed in this comprise a lawful understanding between the Participating Drivers or TND and GoCab. By getting to, enlisting as a Participating Driver and using the Application, the Participating Drivers or TND agree to have perused, comprehended, acknowledged and concurred with the terms and conditions of this Contract and any future amendments and augmentations thus as distributed by GoCab every once in a while, as well as to the representations the Participating Drivers or TND made beneath. In the event that the Participating Drivers or TND do not agree to the terms and conditions of this Contract, The Participating Driver may not access or use the Application and the Services. GoCab may promptly end this Contract or by and large stop offering or deny access to the Application and the Services or any segment thereof, whenever under any conditions.

Definitions

A.GoCab means GoCab Corp., a technology-based solutions company that provides a platform for users to obtain services provided by Third Party Providers.

B."User" means the person who installs a copy of the Application on a mobile device and submits an Order or avails any of GoCab Services through the Application to be performed in the Philippines.

C."Service" means connecting Users to Third Party providers or Participating Drivers or TND through the Application, Platform or Service.

D."Participating Driver" or "Transportation Network Driver" refers to a licensed, independent Third-Party driver who provides solutions to users through the service.

E."Platform" refers to GoCab's relevant technology platform, portal or website.

F."Solution" refers to logistics and/or transportation which are made available to the users through the service.

G."Software" refers to any software associated with the Application which is provided to Users for download and Installation by GoCab.

H."Transportation Network Vehicle Service" or "TNVS" refers to a private vehicle owner accredited by a Transportation Network Company (TNC) who operates as a common carrier, utilizing the mobile applications or digital platform technology to convey passengers between different locations.

I."You" refers to Partner and/or Consumer as may be applicable.

Purpose

The purpose for this Contract is to present the principles administering the Participating Drivers or TND use of the Application and the Services provided by GoCab and the Private Carriage Services to be given by the Participating Driver to the User.

By getting to, introducing and using the Mobile Application, and applying/enlisting to be licensed as a Participating Driver of GoCab, and downloading, installing or using any related programming in like manner provided by GoCab, will empower the Participating Driver to acknowledge the booking/Order submitted by the User through the Application and to give Private Carriage Services to the User.

Representation and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms and Conditions. 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 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 whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized and legal means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. GoCabCorp. is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device.

GoCab Corp. reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By getting to, introducing and using the Application and the Services, the Participating Driver agrees that:

A.Participating Driver shall only use the Application and the Services for lawful purposes;

B.Participating Driver shall only use the Application and the Services for the reason for which it is expected to be utilized and not for any business purposes at all as well as to deliver any email notices or spam messages;

C.Participating Driver shall only use the Application and the Services for own use and will not exchange, lease, rent, sub-permit, appropriate or transfer copies of the Application or the permit for the use of the Application to any third party/ies;

D.Participating Driver shall not use the Application and the Services for sending any unlawful materials, illicit medications or substances and such or potentially for deceitful purposes;

E.Participating Driver will not use the Application and the Services to cause disturbance, annoyance, bother or make counterfeit bookings as well as in any capacity to follow, stalk, harass or hurt any individual;

F.Participating Driver shall not use the Application and the Services for purposes other than getting the Services and rendering the Private Carriage Services to the User;

G.Participating driver shall not disable or dodge the best possible activity of the Application which the Services operates on, nor interfere with its normal operation of it, nor use any strategies to send out as well as adjust the source code of the Application;

H.Participating Driver shall not alter, change, modify, revise, transfigure, convert the Application or make subordinate works dependent on the Application provided to Participating Driver by GoCab;

I.Participating driver shall make an effort not to harm the Application, in any way at all, such as, however not restricted to, transferring and additionally assigning any sorts of Computer viruses, worms, Trojans or malevolent codes;

J.Participating shall not duplicate or appropriate the Application or other content of it without composed authorization from GoCab;

K.Participating Driver shall secure and keep confidential the account password or any identification GoCab provides that allows access to the Application and Services shall immediately notify GoCab if the security of account has been compromised;

L.Participating Driver shall acknowledge and agree that only one (1) account can be registered on one (1) device and Participating Driver shall not install and/or execute the Application on any device other than the mobile device running the operating systems approved by GoCab;

M.Participating Driver shall only use an access point or data account which the Participating Driver is authorized to use;

N.Participating Driver shall not use the Application in another person’s name and/or use the Application with property of others without Participating Driver’s consent;

O.Participating Driver is aware that when communicating with the User thru SMS or use of the Services, standard telecommunication charges will apply;

P.Participating Driver agree that the Services is provided on a reasonable effort basis;

Q.Participating Driver agree that the use of the Application and the Services will be subject to GoCab Privacy Policy as may be amended from time to time;

R.Participating Driver shall not employ any means to defraud GoCab or enrich himself through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by GoCab to encourage new subscription or usage of the Services by new or existing user;

S.Participating Driver shall not contact the User for purposes other than rendering the Private Carriage Services; and

T.Participating Driver shall not intentionally or unintentionally cause or attempt to cause damage and/loss to the User’s Booking.

License Grant & Restrictions

GoCab Corp. 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, non-commercial purposes, subject to the Terms and Conditions herein. All rights not expressly granted to you are reserved by GoCab Corp. 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” the 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 Software, or (c) copy any ideas, features, functions or graphics of the Application and/or 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 Service 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 may use the Software and/or the Application only for your personal, non-commercial purposes and 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, worm, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage GoCab Corp.’s reputation or amount to being disreputable.

Payment Terms and Charges

Any fees which GoCab Corp. may charge you for the Service, are due immediately and are non-refundable ("Service Fee"). This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate or suspend your usage, disruption caused to the Service either planned, accidental or intentional, or any reason whatsoever.

GoCab Corp. may, at its sole discretion, make promotional offers with different features and different rates to whereby these promotional offers shall accordingly be honored by you. GoCab Corp. may determine or change the Service Fee as GoCab Corp. deems in its absolute discretion as necessary or appropriate for the business.

You may choose to pay for the Service by cash or GoCab Pay powered by Ecashpay. You agree that you will cooperate in relation to any financial crime screening that is required and to assist GoCab Corp. in complying with any prevailing laws or regulations in place.

GoCab Corp. reserves the authority to temporarily halt the processing of any transaction in cases where there is a reasonable suspicion of fraud, illegal activities, or any form of criminal involvement, or when there is a justified belief that a breach of the agreement between you and GoCab Corp, as specified in the Terms and Conditions, has occurred. In such situations, you acknowledge that GoCab Corp. cannot be held responsible for any withholding, delay, suspension, or cancellation of payments to the designated Participating Driver that are genuinely beyond our control.

You agree that you will cooperate in relation to any criminal investigation that is required and to assist GoCab Corp. in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.

A.The User shall be charged the Standard Transport Fee as per the common rates at the time the Participating Driver has acknowledged the Order;

B.The usual rates are shown in the rates section of the Application and/or in GoCab's website;

C.The fees and charges of GoCar for the User's booking are determined in accordance with the specified conditions such as vehicle type, booking kilometers, traffic, surcharge and add-on services availed.

D.Additional charges, such as, but not limited to, Toll and/or Parking Fees and such other fees and expenses, which are necessary, related and/or incidental to affect the Passenger booking to the recipient shall be charged to the account and is not included in the fees and charges indicated in the Order;

E.Cancellation of an Order made before the start of the pick-up time shall be free of charge. However, the User shall be charged the full amount as indicated in the Order if cancelled once the pick-up time has started;

F.If the User is using the GoCabpay Wallet, the final adjusted rates and additional charges shall be deducted from the GoCabpay Wallet. If an Order is cancelled before the start of the pick-up time, GoCab shall automatically return the amount debited from the GoCabpay Wallet;

G.GoCab for the performance of the Services, shall be entitled to a percentage in the total fees and charges due for an Order;

H.Standard rates, fees, and charges are subject to change at GoCab's discretion and will notify both Users and Participating Drivers or TND

I.Cash transaction will be paid by the User to the Participating Driver personally;

J.All non-cash transaction, pre-paid and/or in-app paid Orders, will be charged/deducted thru the User's GoCabpay Wallet; and

K.The Participating Drivers or TND has the duty to ensure all services and transactions are performed in accordance with this Contract and any and all monetary disputes shall be handled by GoCab to ensure proper handling.

L.The Participating Drivers or TND shall provide Cash Bond to GoCab to secure the fulfillment of the obligation upon accreditation.

Confidentiality

"Confidential Information" alludes to any information and data the Participating Driver have procured or accessed to and will obtain as well as access, by installing and using the Application and the Services created, possessed, and managed by GoCab, every now and then, such as, yet not constrained to, the following:

A.The Source Code in connection to the Application or potentially the mobile application created, and worked by GoCab;

B.The contents of the Application, driver on-boarding information activity strategies, non-open financial information, exchange insider facts like relevant refund programs for corporate clients, marketable strategies, copyrightable materials, working techniques, non-public records, notes, reports, correspondences, provider data and exclusive data; and

C.The exchange insider facts, systems, marketing, Application and Services know-how, techniques and all restrictive data in association with the use of the Application and Services of GoCab, are all private in nature and the Participating Driver adheres to total secrecy and will not uncover any information and data to any outsider as well as to a contending business entity. The Participating Driver further thus attempts to consistently and in ceaselessness, hold such private or restrictive data in full certainty and will not, whenever, reveal, distribute, imitate or generally make accessible said secret data to any outsider/s and additionally in very own business or undertakings, to the partiality and drawback of GoCab, its administration, executives, officials, delegates and additionally the Participating Drivers or TND.

The Services

The Services, consists of mobile application and related services, will enable the User to arrange and schedule transportation, logistics and/or delivery of goods to desired destination to be matched with the Participating Driver, such as, but not limited to:

A.Providing the Application to both the User and the Participating Driver thru downloading, installing and using it in their respective mobile device;

B.Providing a link, thru the use of the Application, to the User with the Participating Driver;

C.Providing an Agreement between the User and the Participating Driver, thru the use of the Application, Annex “A” of the Terms and Conditions of Use. GoCab is not a party to the said Agreement.

D.Providing the calculation of fees and charges for the completion of an Order;

E.Dissemination of the details of an Order to accredited Participating Drivers or TND of GoCab for their acceptance;

F.Sending a confirmation to the User of the details of the Participating Driver who has accepted your Order;

G.Depending on the User’s choice of payment:

1.If cash, the User will pay directly to the Participating Driver the fees and charges as stated in the Order and upon pick-up by the Participating Drivers or TND; or

2.If thru Wallet, the fees and charges as stated in the User’s Order will automatically be deducted from the money deposited in the Wallet upon reaching the destination and/or completion of the delivery and ending the trip by the Participating Driver.

The Private Carriage Services

The Private Carriage Services refer to the services provided by the Participating Drivers or TND to the User which incorporates transportation of passenger from the pickup area to proposed location in the Philippines using a booked vehicle just as any extra services as determined in the Order. Add-on services as specified in the Order.

A.The Private Carriage Services will start:

Once the User submits the Order using the Application;

1.For GoRide, the Order contains complete data of the Passenger, such as, but not limited to, the amount of booking, the pickup location, the chosen vehicle, add-on services, assuming any, the User's name and mobile number, and the comparing amount due for the said carriage;

2.The Participating Driver acknowledges the Order and carefully pickup and delivers the Passenger.

B.The Private Carriage Services shall end once the Passenger reaches the drop off location.

The Participating Driver’s duties and responsibilities, obligations, warranties and undertakings

The Participating Drivers or TND, by rendering the Private Carriage Services to the User, herein agrees, acknowledges, warrants, and undertakes that:

A.Participating Drivers or TND is of legal age and has the capacity to accept, agree, enter into and execute contracts under Philippine laws;

B.Participating Drivers or TND is a duly licensed driver, a holder of a Valid Driver’s License duly issued by the Land Transportation Officer (LTO), Philippines, and has been accredited by GoCab to be a qualified Participating Driver, who may be willing and able, at his/her sole discretion, to accept the booking made by the User thru the Application, to provide Private Carriage Services to the User;

C.Participating Drivers or TND shall submit complete, true and accurate personal information to GoCab thru the Application and shall provide all the required documents as listed in GoCab’s Mobile Application or website;

D.After downloading the Application and uploading the required documents, the Participating Driver is required to attend the Orientation, schedule of which can be viewed in GoCab’s Mobile Application;

E.Participating Drivers or TND is the registered owner and/or the authorized driver of the owner of the delivery vehicle to be used in rendering the Private Carriage Services;

F.Participating Drivers or TND is not engaged in the business of a public utility and/or a common carrier;

G.Participating Drivers or TND is not an employee, representative, agent, principal or officer of GoCab;

H.The Private Carriage Services rendered to the User shall be governed by all the terms and conditions of this Contract, the Terms and Conditions of User and the Agreement, Annex “A” of the Terms and Conditions of User;

I.Participating Drivers or TND has the skills, capacity and appropriate vehicle to perform the Private Carriage Services in accordance with the User’s instructions as specified in the Order;

J.Any and all violations or negative feedback the Participating Drivers or TND r may incur while rendering the Private Carriage Services to the User shall be subject to investigation by GoCab, and if found guilty, Participating Drivers or TND r shall be penalized and/or deny access to the Application, depending on the weight of the Participating Drivers or TND violation/s;

K.Participating Drivers or TND shall faithfully transport the Passenger according to the User’s instructions specified in the Order and that Participating Drivers or TND may solely rely on the information the User provided in the Order as accurate, true and correct without conducting a verification of the same;

L.Participating Drivers or TND shall not be liable for any delays in effecting the transport of passenger for any reason whatsoever, except if the delay is directly caused by gross negligence or fault;

M.Participating Drivers or TND shall not be liable for any loss or damage arising from, or in connection with, the violation of User’s duties and responsibilities, obligations, warranties and undertakings mentioned in the Agreement, Annex “A” of the Terms and Conditions of User;

N.Participating Drivers or TND shall not use the Application in another person’s name or use of the Application with property of other and/or a third party without the consent of the owner; and

O.Participating Drivers or TND shall seek clarification with the User when in doubt of the User’s add-on service requirements;

P.Participating Drivers or TND shall ensure that any and all add-on services quoted to the User are at reasonable price;

Q.Participating Drivers or TND shall exercise due diligence in ensuring the Shipment are properly packed, handled and secured in the delivery vehicle during the transit of the Shipment; and

R.All bookings/Orders matched and confirmed through the Application must be as agreed as per pricing displayed on Participating Driver’s mobile app. Correction, changes and/or edits must be communicated to and approved by GoCab and Order pricing will only be changed and updated after confirmation with both the User and the Participating Driver.

Promotions

A.GoCab shall, from time to time, announce promotions;

B.All promotions provided are subject to the prevailing regulatory requirements; and

C.GoCab maintains all authority to reconsider, suspend as well as terminate the advancements it presented whenever and additionally may withdraw the advancements at its discretion without earlier notification.

Intellectual Property Ownership

GoCab grants the Participating Drivers or TND a compelled, non-specific, non-sub licensable, revocable, non-transferable permit to:

A.Access and introduce a duplicate of the Application on own mobile device exclusively in connection with the use of the Services;

B.Access and use any substance, data and related materials that might be made accessible through the Services, exclusively for the Participating Drivers and/or TND own non-business use;

C.Participating Driver thus recognizes GoCab' sole and selective possession, the executives and control of the Application and Services, trademarks, tradename, exchange privileged insights, all other restrictive data as well as all related protected innovation rights in and to the Application and Services, including any proposals, thoughts, upgrade demands, input, suggestions or other data gave by the Participating Drivers and/or TND or potentially some other gathering identifying with the Services. Unapproved spread, abuse, misappropriation, criticism or defamation of GoCab, GoCab' Application and Services, trademarks, tradename, among others, gives GoCab the unilateral right to terminate the Contract; and

D.Any rights not particularly granted herein are kept by GoCab.

Disclaimer of Warranties

GoCab makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the service, the application, and/or the software. GoCab Corp. does not represent or warrant that (a) the use of the service, the 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 the 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 third-party transportation provider. The service and rewards are 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 brights, are hereby excluded and are claimed to the highest and maximum extent.

GoCab Corp. 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 third party transportation or other services and products obtained by or from third parties through the use of the service, the application and/or the software including but not limited to the third party transportation or other services and products remain solely and absolutely with you and you shall have no recourse whatsoever to GoCab Corp.

1. Ratings By Customers

The third-party transport service providers have the right to rate you as a Participating Drivers or TND of the Service or a user for whom you book the Service (User). Every rating will be based on, but not limited to the User’s conduct or behavior, before, during or after the ride has been completed.

Every rating will be automatically logged onto GoCab Corp.’s system and you agree that GoCab Corp. may analyze all ratings received and reserves the discretion to take all appropriate actions including suspending your use of the Service without any notice to you.

2. License Grant & Restrictions

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” the 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 Software, or (c) copy any ideas, features, functions or graphics of the Application and/or 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 Service 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.

3. Intellectual Property Ownership

GoCab Corp. and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to 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 Terms and Conditions do not constitute a sale agreement and do not constitute a sale agreement and do not covey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by GoCab Corp. and/or its licensors. GoCab’s name, GoCab’s logo, the Service, the Software and/or the Application and the third-party transportation providers’ logo and the product names associated with the Software and/or the Application are trademarks of GoCab or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes, and design in its entirety.

4. Repair or Cleaning Fees

GoCab, hereinafter shall not be held liable for any costs associated with repair or cleaning fees incurred by Participating Drivers and/or TND while using the GoCab Mobile Application. Participating Drivers and/or TND accept full responsibility for any such expenses arising from their use of the platform. The Company disclaims any obligation to cover or reimburse repair or cleaning fees for Participating Drivers and/or TND vehicles. By using the GoCab Mobile Application, Participating Drivers and/or TND agree to these terms and conditions. Participating Drivers and/or TND are required to adhere to a mandatory Preventive Maintenance Schedule for their vehicles every six months. In collaboration with EuroWerkz Autocare, GoCab will offer discounted maintenance services to accredited Participating Drivers and/or TND. Non-compliance with this requirement may result in temporary suspension.

5. Internet Delays

The Service, the 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 third-party transportation provider being faulty, not connected, out of range, switched off or not functioning. The mobile application is dependent on an active and stable internet connection. Users acknowledge that any disruption or delays in internet connectivity can impact the app's functionality. The quality and speed of the internet connection can vary based on the user's mobile network provider or Wi-Fi service. The mobile application is not responsible for the performance or reliability of these third-party network providers. Users should be mindful that any transactions conducted through the mobile application are subject to potential delays caused by internet connectivity issues.

6. Limitation of Liability

GoCab Corp. shall only be held responsible for acts or events committed or initiated by Participating Drivers and/or TND while utilizing the GoCab mobile application in situations that are genuinely within our control and where the resulting consequences would have been inevitable despite our best efforts. This includes, but is not limited to, situations arising from necessary maintenance and upgrades to our mobile application. Advisory will be sent to Users and Drivers before any scheduled downtime.

The liabilities of GoCab mobile application may include, but are not limited to, the following:

●Service Reliability: GoCab Corp. is liable for ensuring the reliability and availability of its mobile application for Users, subject to the terms and conditions of the service.

●Data Security: GoCab Corp. has the liability to protect User’s data from security breaches and unauthorized access, as well as to notify Users in the event of data breaches.

●Driver Conduct: GoCab Corp. may be responsible for the behavior and actions of our affiliated Participating Drivers and/or TND when they provide services through the GoCab Application.

●User Safety: GoCab Corp. has the liability to implement safety features and procedures to protect users during rides, and to respond appropriately to safety incidents or concerns.

●Quality of Service: GoCab Corp. may be liable for ensuring that the service provided by our Participating Drivers and/or TND meets certain quality standards and adheres to applicable regulations.

●Compliance with Laws and Regulations: GoCab Corp. may be liable for adhering to all relevant laws and regulations, including those governing transportation services and data privacy.

●Insurance: The company may have a liability to provide adequate insurance coverage for Participating Drivers and/or TND and Passengers in case of accidents or incidents during rides.

●Intellectual Property: GoCab Corp. may have a liability to protect the intellectual property and trademarks associated with its mobile application and brand.

●Emergency Response: GoCab Corp. provides an effective emergency response mechanism for Participating Drivers and/or TND and Passengers in case of accidents or medical emergencies during rides.

●App Maintenance: GoCab Corp. may be responsible for maintaining the mobile application, ensuring it functions properly, and promptly addressing technical issues or bugs.

●Customer Support: Providing responsive and effective customer support to address user inquiries and concerns may be a liability.

To the fullest extent permitted by law, GoCab Corp. shall not be liable for any delays, claim, loss, damage, costs, or expenses incurred. GoCab Corp. shall not be liable for any injury or loss of life or property or delay of your journey for any reason which may include but not limited 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.

GoCab Corp. 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.

GoCab Corp. does not warrant or guarantee the availability, reliability, timeliness, accuracy or quality of the delivery services, application or the third-party transportation providers.

GoCab Corp. 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 of use of the application.

GoCab shall not be liable for any losses or damages, including but not limited to any injury which you may suffer, any damage or loss to property owned by or in your possession, or any indirect loss and damage, resulting from the third-party transportation providers’ services, matters relating to third party transportation providers, or the process of transportation by reason of your using the service in your capacity as a passenger.

Disclaimer

A.The Participating Driver, a third-party transportation supplier, will offer private carriage services to the User and it is dependent upon the Participating Driver to acknowledge such delivery or transportation services;

B.The service of GoCab is to interface the User with the Participating Driver however does not, nor is it proposed to provide transportation services or any demonstration that can be understood in any capacity as a demonstration of a transportation provider;

C.GoCab is not responsible nor liable for the acts and/or omissions of the Participating Driver and/or any transportation services provided to the User;

D.GoCab is not an agent, principal, partner or employer of the Participating Drivers and/or TND;

E.GoCab shall not be liable for any misuse by the Participating Drivers and/or TND of the User’s personal information;

F.The User shall receive and use the Participating Driver’s personal data (name and contact number) for the purpose of fulfilment of the Order, subject to the terms and conditions stated in the Agreement, Annex “A” of the Terms and Conditions of User;

G.The User shall be liable to the Participating Driver for any misuse of personal data and agrees to hold GoCab free and harmless from the misuse of the Participating Driver’s personal data;

H.The Participating Driver shall be liable to the User for any misuse of the latter’s personal data and the Participating Driver agrees to hold GoCab free and harmless from misuse of the User’s personal data;

I.GoCab does not perform, manage, supervise, or control the Private Carriage Services. It is completely, exclusively and independently performed by the Participating Driver;

J.GoCab does not warrant the availability of the Services, the Participating Driver and/or the availability of delivery of vehicles as the User may be requested in an Order, the accuracy of the data or information provided as part of the Services, or the quality of the Private Carriage Services and the condition of the delivery vehicles provided by the Participating Drivers and/or TND;

K.GoCab shall not be liable to both the User and the Participating Drivers and/or TND for any damages, claims or costs, including any consequential, indirect, incidental damages or any loss of profit or damages to their mobile device as a result of their installation of the Application and/or availment of the Services or the Private Carriage Services using the Application;

L.GoCab shall not be liable for any loss or damages, including injury the User and/or the Participating Driver may suffer as a result of the provision of the Private Carriage Services Agreement, Annex “A” of the Terms and Conditions of User, contracted by the User and the Participating Driver using the Application;

M.GoCab and the Participating Driver are neither mindful nor at risk for all contents of the Shipment the User shall have it sent or delivered through the Services;

N.GoCab does not warrant the presentation of the Application or the similarity of the Application with both the User and the Participating Drivers and/or TND mobile device;

O.GoCab reserves the right, yet not a commitment, to seek after examinations as well as requests on the conduct or potentially affirmed infringement by Participating Drivers and/or TND dependent on the report as well as complain of the User, and to force suitable assent/punishments on the Participating Driver, at the sole and outright prudence of GoCab;

P.GoCab shall not be at risk for the Participating Driver's exchanges with the promoters of the Advertisements.

Q.Participating Drivers and/or TND must be mindful of the vehicle’s maximum passenger limit based on the vehicle applied for TNVS.

1.GoCar 4-seater sample passenger headcount:

●2 Adults + 2 kids

●3 Adults + 1 kid

●4 Adults

2.GoCar 6-seater sample passenger headcount:

●4 Adults + 2 kids

●5 Adults + 1 kid

●6 Adults

Miscellaneous

A.Amendments - by tapping the Agree/Accept button, the Participating Driver agrees that GoCab may, from time to time, correct the provisions of this Contact by posting such changes and extra terms and conditions on its site or potentially by sending notice through the mobile app. The Participating Driver will be bound by such alterations on the Contract made by GoCab.

B.Task - GoCab maintains whatever authority is needed to relegate, transfer or sell any of its right, obligations, advantages, benefits or commitments to any third party without the need of notice or assent from either the User as well as the Participating Driver. However, both the User and the Participating Driver may not assign privileges, obligations, advantages, benefits or commitments to any third party under this Contract.

C.Agreement - It is the expectation of the parties hereto that each of the provisions of this Contract characterizes, decides, typifies and represents to the whole understanding between GoCab, the User and the Participating Drivers and/or TND identifying with the use of the Application and the Services. No portrayal, guarantee or actuation been made by the parties that are not embodied in this Contract.

D.Governing Law - This Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Philippines.

E.Liquidated Damages - The Participating Driver thus agrees and undertakes that failure to comply with provisions stated in this terms and conditions will be liable to GoCab for liquidated damages proportionate to ________________.

F.Manifestation - The Participating Driver agrees to have perused and comprehended the terms and conditions of this Contract, and thus attempts and consent to abide by the same

G.Non-Circumvention - The Participating Driver attempts to not legitimately or in a roundabout way, contact, manage or generally engaged with the User, any entity, by or through other party, its officials, chiefs, specialists or partners, to maintain a strategic distance from the payment to GoCab of benefits, charges or something else, without the prior written approval of GoCab.

H.Non-waiver - Failure of GoCab to practice and to demand an exacting exhibition of any of the terms, conditions and agreements in this regard will not be esteemed a surrender or waiver of any privilege or remedy that GoCab may have, nor will it be translated as a waiver of any ensuing break or default of the terms, conditions and pledge in this contained, which will be considered in full power and impact. No waiver by GoCab will be esteemed to have been made except if communicated recorded as a hard copy and signed by GoCab.

I.Severability - Should any provision of this Contract be pronounced invalid, void or unenforceable by any administration organization or court of law, this will not influence different arrangements of this Contact which are fit for severance and which will proceed with unaffected. The Participating Driver in this concurs any arrangement of this Contract have been proclaimed invalid, void and unenforceable by any administration organization or official court of law will be supplanted with legitimate and enforceable provisions as firmly lined up with the first plan as could be allowed.

J.Termination - GoCab may promptly terminate this Contract or for the most part stop offering or deny access to the Application and the Services or any portion thereof, whenever under any circumstances.

K.Withdrawal of Contract - In the event that Participating Driver withdraws as independent contractor of GoCab Corp. less than 1 year upon onboarding, Participating Driver will surrender the GoCab Insulated Box with cover in good condition and pay the cost of bag equivalent to no of months it has been used.

L.Venue of Action - in case of any debate, controversy or case, break, termination or invalidity thereof, emerging from, or identifying with, this Contract, the venue of the activity will be brought under the proper courts of Quezon City, Philippines, just, to the avoidance of every single other court of equivalent and competent jurisdiction.