GoCab User Terms and Conditions
1. Definitions 1.1 GoCab means GoCab Corp., a technology based solutions company that provides a platform for users to obtain services provided by Third Party Providers. 1.2 "User" means any natural or juridical 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. 1.3 "Service" means connecting Users to Third Party providers or Participating Drivers through the Application, Platform or Service. 1.4 "Platform" refers to GoCab's relevant technology platform, portal or website. 1.5 "Solution" refers to logistics and/or transportation which are made available to the users through the service. 1.6 "Software" refers to the Application which is provided to Users for download and Installation by GoCab. 1.7 "Third Party Provider" or "Participating Driver" refers to a licensed, independent Third Party driver who provide solutions to users through the service. 2. Use of the Application, GoCab Services 2.1 User warrants that he has the legal capacity to enter into and form contracts under Philippine Laws. 2.2 User is permitted to download, install and use a copy of the Application on User's device, other than this license to use the Application as herein stated, no other licenses or right is granted to the Use and ownership of the Application and all other rights are reserved by GoCab. 2.3 User will only use the GoCab Services for lawful purposes and only for the purpose of which it is intended to be used. 2.4 User will not disrupt in any way the normal operation of the Application or use any method to export or modify the source code of the Application. 2.5 GoCab provide services to connect Users to Third Party Providers or Participating Drivers through the Application, Platform or Service and performance of contract between users and Participating Drivers. 2.6 User shall not use the Application in any way to track, stalk, or harass any person, and GoCab and its affiliates. 3. Determination of Fees and Charges 3.1 Standard Rates shall apply in accordance with the prevailing rates at the time of the Participating Driver's acceptance of the order. 3.2 The fees and charges for the User's shipment or order are determined in accordance with the specified conditions such as maximum weight, size and quantity of the delivery item/s, choice of delivery, vehicle type and add-on services availed. 3.3 Standard rates, fees and charges are subject to change at GoCab's discretion and will notify both users and participating drivers of the change at least 15 days prior to effectivity date. 3.4 Should a shipment or delivery is refused by the recipient or the recipient's authorized representative, all expenses for the return of the shipment to the User shall be shouldered by the User. 3.5 No cancellation fees are charged as long as the order has not been accepted by the Participating Driver or as long as the order is cancelled and communicated to the Participating Driver within 60 minutes of order pick up, otherwise, User shall be charged of the standard rate in accordance with the prevailing rates at the time of the Participating Driver's acceptance of the order. 3.6 For and consideration for the performance of the Services, GoCab shall be entitled to a percentage in the total fees and charges due for an Order. 4. Rules of Usage, User's Obligations, Warranties and Undertakings 4.1 GoCab deserves the right, at its sole discretion to modify, or replace these Terms and Conditions at any time. User agrees to be bound by the revised terms by continuing to access or use GoCab service after those revisions become effective. 4.2 User will not use the Application for sending or storing any unlawful material or for fraudulent purposes. 4.3 User agrees to provide GoCab complete and accurate information at all times, in submitting order, such as the description of the delivery items included in the service, his choice of delivery, vehicle type, add-on services availed, and handling instructions of the Shipment or Services, if any, through the Application for initial determination of applicable rates. Failure to do so constitutes a breach of the terms and may result in immediate termination of account on GoCab Services. 4.4 User agrees when information provided is untrue, inaccurate and not current, or incomplete in any respect constitutes a breach of the terms and may result in immediate termination. 4.5 User warrants that he is the owner or authorized representative of the owner of the shipment, and that he is authorized to accept and is accepting these terms and conditions not only for himself but also in behalf of the owner of the shipment. 4.6 User warrants that he has complied with the laws and regulations as to the nature, condition, packing, handling, storage and carriage of the Shipment and thus order is not included in the list of prohibited items for delivery as identified by GoCab. 4.7 User agrees to safeguard and not disclose account information and passwords to any third party and to notify GoCab of any unauthorized use of account or any breach of security. 4.8 User agrees not to authorize others to use his identity or user status; not assign or transfer user account to any person or entity. 4.9 User agree not to post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information of GoCab. 5. Personal Data Privacy 5.1 The user agrees to submit personal information to GoCab in order to use certain functions of the Application. 5.2 The user agrees to submit, use, store, update and process personal and other necessary information to such extent in order for GoCab to provide services and not for any other unauthorized purposes. 5.3 The user agrees that GoCab will not be liable for any misuse of his personal information by the participating driver. 5.4 The user agrees that GoCab will not be liable for any misuse of personal information of the participating driver by the user. 6. Miscellaneous or Disclaimer 6.1 GoCab Service is provided on an "As Is" or "As Available" basis. GoCab does not warrant the performance of the Application. 6.1.1 The service will function uninterrupted, secure or available at anytime, anywhere. 6.1.2 Any errors or defects in the Application will be corrected. 6.1.3 The Application is free of viruses and other harmful materials and components. 6.2 User agree that any complaints between Third party providers or Participating Drivers and Users must be taken up with each other directly. 6.3 GoCab reserves the right to introduce and enforce advertising and sales promotions. 6.4 These Terms and Conditions shall be governed by and construed in accordance with Philippine Laws. 6.5 GoCab is a technology based solutions company, and is not responsible for the acts and/or omission of any Third Party Provider or Participating Drivers. Any liability in relation to such services shall be borne by the Third Party Provider or Participating Drivers. 6.6 Third Party Providers or Participating Drivers are not agents, Employee or Staff of GoCab.