Terms and Conditions for Users
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 stated herein (collectively, the "Terms and Conditions" or this "Agreement") constitute a legal agreement between you and GoCab Corp. In order to use the Service, you must agree to the Terms of and Conditions that are set out below. By using the mobile application supplied by GoCab Corp. (the "Application"), and downloading, installing or using any associated software supplied by GoCab Corp. ("the Software") which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the "Service"), you hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to the Terms and Conditions as published from time to time or through the Application.
GoCab Corp. reserves the right to modify, vary and change the Terms and Conditions or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to The of Use or its policies relation to the service shall be effective upon the posting of an updated version.
Your access to and use of GoCab services is conditioned to your acceptance of and compliance with these terms which apply to all visitors, users and others who access or use GoCab Services. If you do not agree to all of the terms of service, or if you are not eligible or authorized to enter into this agreement, then do not use or download or otherwise access any part of GoCab services. Using all or any part of GoCab services will constitute acceptance and create a legally enforceable contract under which you agree to be bound by all of the terms of service, without modification.
As a user of GoCab application, you hereby agree and conform to the following terms of Use.
1. Definitions
1.1GoCab 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" refers to any natural or juridical person who downloads, installs, or uses the GoCab Application to request or access services through the platform.
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 ride-hailing 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
2.1User warrants that he/she has the legal capacity to enter into and form contracts under Philippine Laws.
2.2User 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.
2.3User will only use the GoCab Services for lawful purposes and only for the purpose of which it is intended to be used.
2.4User 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.
2.5GoCab 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.
2.6User shall not use the Application in any way to track, stalk, or harass any person, and GoCab and its affiliates.
2.7User will not cause nuisance, inconvenience or make fake bookings in the Application.
2.8User shall not intentionally or unintentionally cause or attempt to cause damage to the third-party transportation provider.
2.9User will not copy or distribute the Application or other content without written permission from GoCab.
2.10User will keep secure and confidential of his/her account password or any identification we provide you which allows access to the Service.
2.11User will provide GoCab with proof of identify as it may reasonably request or require.
2.12User acknowledge and agree that only one (1) account can be registered on one device.
2.13User agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the terms of this Agreement. Failure to do so constitutes a breach of the terms and may result in immediate termination of account on GoCab Services.
2.14User agree that GoCab may rely on the information as accurate, current and complete.
2.15User acknowledges that if the information is untrue, inaccurate, not current or incomplete in any respect, GoCab has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice.
2.16User shall not be employing any means to defraud GoCab or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by GoCab to encourage new subscription or usage of the Service by new or existing Users.
2.17User agree that the use of Service will be subject to GoCab's Privacy Policy as may be amended from time to time.
2.18User agree to assume full responsibility and liability for all loss or damage suffered by the User, the third-party service provider, GoCab or any third-party as a result of any breach of the Terms and Conditions.
3. Determination of Fees and Charges
3.1Fees and charges for services requested through the Application shall be calculated based on prevailing rates at the time a Participating Driver accepts the booking.
3.2The applicable fees may vary depending on several factors including distance, travel time, traffic conditions, vehicle type, and additional services selected.
3.3GoCab reserves the right to revise its standard rates, fees, and charges at its discretion. Users will be notified of any changes prior to implementation when applicable.
3.4Cancellation policies and applicable charges may apply once a Participating Driver has accepted the booking.
3.5Users may be responsible for additional costs resulting from failed deliveries, incorrect booking information, or refusal of service by the intended recipient.
3.6GoCab may receive a service fee or commission from the total amount charged for transactions completed through the platform.
4. Rules of Usage, User's Obligations, Warranties and Undertakings
4.1GoCab reserves the right to modify or update these Terms and Conditions at its sole discretion.
4.2Users shall not use the Application to transmit, distribute, or store unlawful or harmful material.
4.3Users warrant that they are authorized to request the service or transact on behalf of the owner of the goods or the passenger involved in the booking.
4.4Users shall comply with all applicable laws and regulations when using the GoCab platform.
4.5Users must protect and secure their account credentials and immediately notify GoCab in case of unauthorized access.
4.6Users shall not transfer, assign, or allow another person to use their account without authorization.
4.7Users shall not reproduce or distribute any proprietary content belonging to GoCab including trademarks, branding, or software.
5. Personal Data Privacy
5.1User agrees to submit personal information to GoCab in order to use certain functions of the Application.
5.2User 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.
5.3User agrees that GoCab will not be liable for any misuse of his personal information by the participating driver.
5.4User agrees that GoCab will not be liable for any misuse of personal information of the participating driver by the user.
5.5User agrees that GoCab may also collect device data (such as your IMEI number and the names of the apps you have installed on your device) for the purpose of fraud prevention measures.
6. Miscellaneous or Disclaimer
6.1GoCab Service is provided on an "As Is" or "As Available" basis. GoCab does not warrant the performance of the Application.
6.2The service will function uninterrupted, secure or available at anytime, anywhere.
6.3Any errors or defects in the Application will be corrected.
6.4The Application is free of viruses and other harmful materials and component.
6.5User agree that any complaints between Third party providers or Participating Drivers and Users must be taken up with each other directly.
6.6GoCab reserves the right to introduce and enforce advertising and sales promotions.
6.7These Terms and Conditions shall be governed by and construed in accordance with Philippine Laws.
6.8GoCab 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.
6.9Third Party Providers or Participating Drivers are not agents, Employee or Staff of GoCab.
6.10The Service, the application and/or the software may be subject to limitations, delays and other problems inherent on the use of the internet and electronic communications including the device used by the User or Third-Party Provider or Participating Drivers being faulty, not connected, out of range, switched off or not functioning.
7. Limitation of Liability
To the fullest extent permitted by law, GoCab shall not be liable for any delays, claims, loss, damage, costs, or expenses incurred. GoCab shall not be liable for any injury or loss of life or property or delay of User and Third-Party Provider or Participating Drivers' 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.
