Terms & Conditions

GoCab User’s
Term and Conditions

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 the following terms of Use.

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.

 

Annex “A”
Special Contract of Private Carriage of Goods Between User and Participating Third Party Driver

The User, by the proposal of its Order applying the Application and the acknowledgment of the computation presented by GoCab of the fees and charges for said Order; and The Participating Driver, by its acknowledgment of the Order; thus consent to be bound by this unique agreement of private carriage of goods (the “contract”), subject to the terms and conditions hereinafter provided:

1. Definitions and Interpretation

1.1 Capitalized terms utilized in this Contract shall bear the importance presented under the User’s Terms and Conditions, as well as the Participating Driver’s Terms and Conditions.

1.2 The provisions of this contract will prevail in case of doubt between those mentioned in the User’s/Participating Driver’s Terms and Conditions including but not limited to the rights, obligations, commitments, remedies obtained therein. This contract shall also serve as supplementary reference to the same.

2. Special Contract of Private Carriage of Goods

2.1 Provisions of this contract shall take effect upon acceptance of User’s order by the Participating Driver.

2.2 For and in thought of the expense by the User of the fees and charges as calculated through the Application, the Participating Driver will give the Private Carrier Services to the record of the User as per the terms established by the User in the Order.

2.3 The User shall pay the applicable fees and charges for its order as determined in accordance with the prevailing rates at the time order was accepted by the Participating Driver and agreed mode of payment as selected through the Application upon confirming of the Order.

2.4 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.

2.5 It is explicitly comprehended that this Contract solely covers the carriage of goods and does not reach out to the carriage of people. On a case-to-case and incidental basis, and subject to the sole caution of the Participating Driver, the Participating Driver may enable people to be moved as going with people to the Shipment upon the solicitation of the User. The User explicitly decides that the incidental transportation of going with people might be permitted by the Participating Driver as a minor convenience and just in situations where the going with people are important to limit any danger of harm or damage to the Shipment. The User explicitly accept all risk emerging from the transportation of join people by the Participating Driver, with no liability whatsoever incurring against GoCab.

2.6 The User and the Participating Driver acknowledge that any payment to the Participating Driver is made solely for the arrangement of Private Carrier Services and does not cover any incidental carriage of passengers.

3. Participating Driver’s Warranties and Obligations

3.1 The Participating driver warrants that he possesses a valid driver’s license, authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services users in the jurisdiction in which he uses the Service.

3.2 The Participating Driver represents and warrants to the user that he has the special skills, appropriate delivery vehicle sufficient to perform provisions stated in this contract and in accordance with the User’s instructions indicated in the Order.

3.3 The Participating Driver undertakes to faithfully comply with the Participating Driver’s Code of Conduct and with the terms and conditions of this Contract.

3.4 The Participating Driver shall not be liable for any direct and indirect loss or damage resulting from delays in delivering the Goods but shall use reasonable effort to deliver the order according to the instructions of the User and the estimated time of arrival, unless the delay is directly caused by the gross negligence or fault of the Participating Driver.

3.5 The Participating Driver shall not be liable for any delay in delivery of the Shipment, loss or damage due to force majeure.

3.6 The Participating Driver shall exercise Good Diligence and take reasonable precaution against loss, damage and prevent unauthorized persons from accessing the Shipment.

3.7 The participating driver shall personally carry out the duties and responsibility of the private carrier under this contract.

3.8 The Participating Driver undertakes to faithfully comply with the Participating Driver’s Code of Conduct and with the terms and conditions of this Contract.

3.9 The Participating Driver agrees that he may be reported by the User to GoCab for any violation of this Contract. GoCab may conduct due inquiry and may impose penalties, or suspend the Participating Driver’s account from the Application temporarily or permanently as a consequence for the violation of the terms and conditions of this contract.

3.10 The Participating Driver shall refuse any Shipment that is or appears to be prohibited by law, dangerous or hazardous materials or substances, and radioactive material, or which may be harmful to the Participating Driver or the delivery vehicle or any items included in the list of prohibited items as stated in GoCab website/app. The Participating Driver may, at its own discretion cease delivery, surrender the Shipment to the authority, or return the same to the User without incurring any liability.

3.10 Participating Driver shall have no authorization to open and inspect the items during Transport and shall bear no responsibility for the legality of the shipment or its compliance with any laws or regulations. GoCab or the Participating Driver, in the presence of the User or its authorized representative, may inspect the shipment whether the said items is acceptable for delivery.

3.11 Except as stated in clause

3.12 Participating driver shall make all commercially reasonable efforts to deliver the Goods according to the estimated time frame and schedule. Participating Drivers shall not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery thereof for whatever reasons, unless the delay is directly caused by accidents, traffic, weather, power outages, civic or civil disruptions.

4. User’s Warranties; Duties and Obligations

4.1 User warrants that he has the legal capacity to enter into and form contracts under Philippine Laws.

4.2 User agrees that the Private Carrier Services to be provided by the Participating order shall be Subject to the provisions of the Terms and Conditions of this contract.

4.3 User undertakes to comply with all the provisions of the Terms and Conditions and this Contract.

5. Miscellaneous

5.1 Participating Driver’s Limited Liability. The obligation of the Participating Driver to the User for loss or annihilation of the Shipment will be restricted to Two Thousand Pesos (Php2,000.00) in particular. The User will bear the risk of damage in the event that he avails of the Private Carrier Services for Shipments with a worth above this amount.

5.2 Entire understanding. Both User and Participating Driver acknowledge that they have read and understood this contract and to be bound by its Terms and Conditions.

5.3 Governing Law. This Contract shall be governed by and construed in accordance with the laws of Philippines.

5.4 Venue of Action. In case of any query, contention, or case emerging from or identifying with this Contract or the important Order, or the understanding thereof, or any courses of action relating thereto or mulled over in that, or the break, end, or deficiency thereof, the parties hereto agree that location will be only and appropriately set in the courts of Quezon City, Philippines.

5.5 Severability. In the event that any arrangement of this Contract becomes invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illicit or unenforceable provisions shall be substituted a valid, substantial, lawful and enforceable provision which will be as similar as possible in economic and business targets as intended by the parties.

Terms and Conditions of
Participating Driver

The Terms and Conditions for Participating Drivers (the “Contract”) expressed in this comprise a lawful understanding between the Participating Drivers and GoCab. By getting to, enlisting as a Participating Driver and using the Application, the Participating Drivers 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 made beneath. In the event that the Participating Drivers 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.


I. 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 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.

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

D. “Platform” refers to GoCab’s relevant technology platform, portal or website

E. “Solution” refers to logistics and/or transportation which are made available to the users through the service.

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

G. “Third Party Provider” or Participating Driver” refers to a licensed, independent Third Party driver who provide solutions to users through the service.


II. Purpose

The purpose for this Contract is to present the principles administering the Participating Drivers’ use of the Application and the Services provided by GoCab and the Private Carrier 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 Carrier Services to the User.


III. Adoption of the all the provisions of the Terms and Conditions of Use

Every one of the provisions expressed in the Terms and Conditions of Use will be embraced in this Contract.


IV. Use of the Application and the Services

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 Carrier 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 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 Carrier Services; and

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


V. 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 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 Driver of the Shipment; 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.


VI. The Private Carrier Services

The Private Carrier Services refer to the services provided by the Participating Driver to the User which incorporates pickup, transportation and delivery of the User’s Shipment 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 Carrier Services will start:

1. Once the User submits the Order using the Application;

1. The Order contains complete data of the Shipment, such as, but not limited to, the portrayal and amount of the item/s to be delivered, the pickup location and the proposed destination, the sender and the beneficiary of the Shipment, the User’s chosen vehicle, add-on services, assuming any, the User’s name and mobile number, and the comparing amount due for the said carriage;

2. With regard to the relating amount due for the delivery of the Shipment, all the provisions specified in No. IV (G) – Choice of Payment, The Services and No. VI – Fees and Charges of the Terms and Conditions of Use will apply to this Contract;

3. The Participating Driver acknowledges the Order and carefully pickup and delivers the Shipment as specified in the Order.

B. The Private Carrier Services shall end once the Shipment will be given over and acknowledged/received by the beneficiary of the Shipment by the Participating Driver;

C. The Participating Driver in this corresponds, acknowledges and attempts that this Contract solely handles the carriage of the Shipment and doesn’t broaden the carriage of individual/s.

D. The Participating Driver in this recognizes the amount due for the delivery of the Shipment as demonstrated in the Order represents to the expense of the private carrier services the User profited and bars the expense of the services for carrying and/or transporting individual.


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

The Participating Driver, by rendering the Private Carrier Services to the User, herein agrees, acknowledges, warrants and undertakes that:

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

B. Participating Driver 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 Carrier Services to the User;

C. Participating Driver 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 Driver is the registered owner and/or the authorized driver of the owner of the delivery vehicle to be used in rendering the Private Carrier Services;

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

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

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

I. Participating Driver shall faithfully perform the duties and responsibilities of the private carrier of the User’s Shipment and will conscientiously comply with the Participating Driver’s Code of Conduct;

J. Participating Driver has the skills, capacity and appropriate delivery vehicle to perform the Private Carrier Services in accordance with the User’s instructions as specified in the Order;

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

L. Participating Driver has the option not to accept the Shipment of the User if the Shipment is found to be prohibited by law, dangerous and/or hazardous materials or substances, radioactive material which may be harmful to him/her or the delivery vehicle;

M. Participating Driver shall diligently transport and deliver the Shipment and shall take reasonable precaution to prevent unauthorized person/s from accessing the Shipment and/or against loss of, or damage to the Shipment while in transit;

N. Participating Driver shall faithfully deliver the Shipment according to the User’s instructions specified in the Order and that Participating Driver may solely rely on the information the User provided in the Order as accurate, true and correct without conducting a verification of the same;

O. Participating Driver shall not be liable for any delays in effecting the delivery of the User’s Shipment for any reason whatsoever, except if the delay is directly caused by gross negligence or fault;

P. Participating Driver 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 Use;

Q. Participating Driver shall not be liable for any delay and/or failure to deliver the Shipment, loss or damages, due to force majeure and/or intervention of a third party;

R. Participating Driver liability to the User for loss or damage of the Shipment, due to negligence, shall be equivalent to the value of the Shipment as the User declared in the Order;

S. Participating Driver 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

T. Participating Driver shall seek clarification with the User when in doubt of the User’s add-on service requirements;

U. Participating Driver shall ensure that any and all add-on services quoted to the User are at reasonable price;

V. Participating Driver 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

W. 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.


VIII. Fees and Charges

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 for the delivery of the Shipment will be resolved as per determined most extreme weight, size and amount of the Shipment, the delivery vehicle used and the add on services, if any and additionally varying;

D. An adjustment of the rates, including additional charges, shall be applied if the weight, size or quantity of the Shipment the User declared is different from the actual weight, size and/or quantity of the said Shipment;

E. 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 effect the delivery of the Shipment to the recipient and/or the return of the Shipment to the User shall be charged to the account and is not included in the fees and charges indicated in the Order;

F. In the event that the Shipment is not accepted and/or refused to be accepted by the recipient of the Shipment and/or any of the User’s representative/s, any and all expenses for the return of the Shipment shall be charged to the User;

G. 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;

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

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

J. Standard rates, fees and charges are subject to change at GoCab’s discretion and will notify both Users and Participating Drivers

K. Cash transaction will be paid by the User to the Participating driver personally;

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

M. The Participating Driver 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.

N. The Participating Driver shall provide Cash Bond to GoCab to secure the fulfillment of the obligation upon accreditation.


IX. 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 its presented whenever and additionally may withdraw the advancements at its discretion without earlier notification.


X. Intellectual Property Ownership

Subject to the Participating Drivers’ consistence with the terms and conditions of this Contract, GoCab grants the Participating Driver 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’ 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 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 this Contract; and

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


XI. 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.


XII. Disclaimer

A. GoCab is an innovation organization that does not give delivery or transportation services, is not a delivery or transportation provider and isn’t occupied with the exercises of a typical or private carrier or an open utility;

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

C. The service of GoCab is to interface the User with the Participating Driver however doe 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;

D. 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;

E. GoCab is not an agent, principal, partner or employer of the Participating Drivers;

F. GoCab shall not be liable for any misuse by the Participating Drivers of the User’s personal information;

G. 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 Use;

H. 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;

I. 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;

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

K. 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 Carrier Services and the condition of the delivery vehicles provided by the Participating Drivers;

L. GoCab shall not be liable to both the User and the Participating Drivers 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 Carrier Services using the Application;

M. 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 Carrier Services Agreement, Annex “A” of the Terms and Conditions of Use, contracted by the User and the Participating Driver using the Application;

N. 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;

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

P. 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 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; 

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


XIII. 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 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.


Annex “A”
Special Contract of Private Carriage of Goods Between User and Participating Third Party Driver

The User, by the proposal of its Order applying the Application and the acknowledgment of the computation presented by GoCab of the fees and charges for said Order; and The Participating Driver, by its acknowledgment of the Order; thus consent to be bound by this unique agreement of private carriage of goods (the “contract”), subject to the terms and conditions hereinafter provided:

1. Definitions and Interpretation

1.1 Capitalized terms utilized in this Contract shall bear the importance presented under the User’s Terms and Conditions, as well as the Participating Driver’s Terms and Conditions.

1.2 The provisions of this contract will prevail in case of doubt between those mentioned in the User’s/Participating Driver’s Terms and Conditions including but not limited to the rights, obligations, commitments, remedies obtained therein. This contract shall also serve as supplementary reference to the same.


2. Special Contract of Private Carriage of Goods

2.1 Provisions of this contract shall take effect upon acceptance of User’s order by the Participating Driver.

2.2 For and in thought of the expense by the User of the fees and charges as calculated through the Application, the Participating Driver will give the Private Carrier Services to the record of the User as per the terms established by the User in the Order.

2.3 The User shall pay the applicable fees and charges for its order as determined in accordance with the prevailing rates at the time order was accepted by the Participating Driver and agreed mode of payment as selected through the Application upon confirming of the Order.

2.4 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.

2.5 It is explicitly comprehended that this Contract solely covers the carriage of goods and does not reach out to the carriage of people. On a case-to-case and incidental basis, and subject to the sole caution of the Participating Driver, the Participating Driver may enable people to be moved as going with people to the Shipment upon the solicitation of the User. The User explicitly decides that the incidental transportation of going with people might be permitted by the Participating Driver as a minor convenience and just in situations where the going with people are important to limit any danger of harm or damage to the Shipment. The User explicitly accept all risk emerging from the transportation of join people by the Participating Driver, with no liability whatsoever incurring against GoCab.

2.6 The User and the Participating Driver acknowledge that any payment to the Participating Driver is made solely for the arrangement of Private Carrier Services and does not cover any incidental carriage of passengers.

3. Participating Driver’s Warranties and Obligations

3.1 The Participating driver warrants that he possesses a valid driver’s license, authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services users in the jurisdiction in which he uses the Service. 

3.2 The Participating Driver represents and warrants to the user that he has the special skills, appropriate delivery vehicle sufficient to perform provisions stated in this contract and in accordance with the User’s instructions indicated in the Order. 

3.3 The Participating Driver undertakes to faithfully comply with the Participating Driver’s Code of Conduct and with the terms and conditions of this Contract.

3.4 The Participating Driver shall not be liable for any direct and indirect loss or damage resulting from delays in delivering the Goods but shall use reasonable effort to deliver the order according to the instructions of the User and the estimated time of arrival, unless the delay is directly caused by the gross negligence or fault of the Participating Driver.

3.5 The Participating Driver shall not be liable for any delay in delivery of the Shipment, loss or damage due to force majeure.

3.6 The Participating Driver shall exercise Good Diligence and take reasonable precaution against loss, damage and prevent unauthorized persons from accessing the Shipment. 

3.7 The participating driver shall personally carry out the duties and responsibility of the private carrier under this contract.

3.8 The Participating Driver undertakes to faithfully comply with the Participating Driver’s Code of Conduct and with the terms and conditions of this Contract.

3.9 The Participating Driver agrees that he may be reported by the User to GoCab for any violation of this Contract. GoCab may conduct due inquiry and may impose penalties, or suspend the Participating Driver’s account from the Application temporarily or permanently as a consequence for the violation of the terms and conditions of this contract.  

3.10 The Participating Driver shall refuse any Shipment that is or appears to be prohibited by law, dangerous or hazardous materials or substances, and radioactive material, or which may be harmful to the Participating Driver or the delivery vehicle or any items included in the list of prohibited items as stated in GoCab website/app. The Participating Driver may, at its own discretion cease delivery, surrender the Shipment to the authority, or return the same to the User without incurring any liability. 

3.11 Except as stated in clause 3.10, Participating Driver shall have no authorization to open and inspect the items during Transport and shall bear no responsibility for the legality of the shipment or its compliance with any laws or regulations. GoCab or the Participating Driver, in the presence of the User or its authorized representative, may inspect the shipment whether the said items is acceptable for delivery. 

3.12 Participating driver shall make all commercially reasonable efforts to deliver the Goods according to the estimated time frame and schedule. Participating Drivers shall not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery thereof for whatever reasons, unless the delay is directly caused by accidents, traffic, weather, power outages, civic or civil disruptions.

4. User’s Warranties; Duties and Obligations

4.1 User warrants that he has the legal capacity to enter into and form contracts under Philippine Laws.

4.2 User agrees that the Private Carrier Services to be provided by the Participating order shall be Subject to the provisions of the Terms and Conditions of this contract.

4.3 User undertakes to comply with all the provisions of the Terms and Conditions and this Contract.

5. Miscellaneous

5.1 Participating Driver’s Limited Liability. The obligation of the Participating Driver to the User for loss or annihilation of the Shipment will be restricted to Two Thousand Pesos (Php2,000.00) in particular. The User will bear the risk of damage in the event that he avails of the Private Carrier Services for Shipments with a worth above this amount.  

5.2 Entire understanding. Both User and Participating Driver acknowledge that they have read and understood this contract and to be bound by its Terms and Conditions.  

5.3 Governing Law. This Contract shall be governed by and construed in accordance with the laws of Philippines. 

5.4 Venue of Action. In case of any query, contention, or case emerging from or identifying with this Contract or the important Order, or the understanding thereof, or any courses of action relating thereto or mulled over in that, or the break, end, or deficiency thereof, the parties hereto agree that location will be only and appropriately set in the courts of Quezon City, Philippines. 

5.5 Severability. In the event that any arrangement of this Contract becomes invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illicit or unenforceable provisions shall be substituted a valid, substantial, lawful and enforceable provision which will be as similar as possible in economic and business targets as intended by the parties.


Participating Driver’s
Code of Conduct and Operational Rule


I. GENERAL

1. A Participating Driver must be at least 18 years of age, have a legitimate driver’s license and the specific aptitudes to execute and obediently satisfy his contract with GoCab.

2. The GoCab application may just be used by affirmed enlisted owner or approved driver of the transportation selected as client of this Application.

3. A Participating Driver is not employed by GoCab.

4. A Participating Driver must withstand carefully by every appropriate traffic laws and regulations, policies and guidelines set by the Government and GoCab.

5. A Participating Driver is responsible to maintain his motor vehicle consistently in safe driving condition and should have the suitable vehicle insurance.

6. A Participating Driver ensures the accuracy and validity of records and data submitted in association with his joining and usage of the GoCab Application. GoCab will be updated by the Participating Driver for any adjustment in his own information.

7. A Participating Driver should just have one account, one vehicle and contact number registered with GoCab.

8. A Participating Driver who conflicts with this Code of Conduct and Operational Rules will result to suspension or termination of user access to the GoCab application.


II. COMPANY PROHIBITIONS

    1. A Participating Driver should never reveal, distribute, reproduce any information and data provided by GoCab to any third party or potentially to a contending business. 
    2. A Participating Driver should consistently maintain great work esteems and standards. 
    3. A Participating Driver should never cheat, steal or defraud GoCab or its customers. 
    4. A Participating Driver should never circumvent the GoCab application for unlawful use which may bring about losses to the organization. 
    5. A Participating Driver should never take part in any activity that may harm or disrespect the good name of GoCab which can hinder GoCab’s business development. 
    6. Involvement in any prohibited rally, affectation, plans, abstention contrary to GoCab or any action by the Participating Driver that will not profit the organization is strictly forbidden. 
    7. Any type of maltreatment by a Participating Driver in any methods which is not good for GoCab, its employees and customers will be subject to lawful action. 
    8. GoCab, its affiliates and partners reserve the privilege to use the Participating Driver’s data for any showcasing activities, such as, but not limited to advertising, promotion, short message service (SMS), mails, calls and so on.
    9. A Participating Driver should never be affected by influence of drugs or liquor while using the GoCab Application. Unlawful substances and open canisters are not permitted in a Participating Driver’s transportation. 
    10. A Participating Driver should never carry any sort of weapon with him or in his vehicle for whatever reason that may jeopardize GoCab workers and customers or other third parties.
    11. A participating driver who uses his own camera for security reasons while on duty, will exclusively be responsible to comply with the Government’s privacy law and regulations. 
    12. A participating driver must not underwrite the contenders of GoCab since this is a violation of GoCab rules and regulations on ethics/manners.


III. SERVICE & DELIVERY

    1. Reckless driving is reason for renouncement of GoCab App user eligibility of the participating driver. 
    2. A Participating Driver who refuse to accept or compete Users orders in view of separation or isolation on the ground of race, shading, religion, gender, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected by law will be prohibited to use the GoCab Application. 
    3. A Participating Driver should in every case tolerably present himself to customers by wearing suitable clothing, demonstrating good conduct and obliging correspondence. 
    4. A Participating Driver must avoid threatening vibe and hostility consistently. For any occurrences coming about to this, he should inform GoCab right away. GoCab will reasonably see the case from all sides and take the necessary measures to resolve the issue. 
    5. A Participating Driver must take security measures to prevent loss, damage, and to stop any informal access of the item for delivery.
    6. A Participating Driver should only use User information and contact details in connection to the delivery booking. A Participating Driver should consistently esteem the security of their customer’s privacy and should never uncover any close to home data to other individual. 
    7. A Participating Driver will exclusively be held liable to the User or any third party for any violation of this Code of Conduct and Operational Rules. The Participating Driver’s liability to the User for his negligence to the loss or damage of the item being delivered will be proportional to its value as declared in the delivery booking.
    8. A Participating Driver will not be at risk for the content of the item being delivered using the GoCab App. 
    9. A Participating Driver will not be held liable when item for delivery is lost or harmed due to the violation of guarantees and commitments by the User. 
    10. A Participating Driver will not be held liable for any delay, and/or failure to deliver the Shipment, loss or damages, due to force majeure and/or intervention of a third party. 
    11. The participating driver will be held liable for any activity or result of any personnel or people he additionally employs on a case-to-case and incidental basis.


IV. PROMOTIONS

  1. A Participating Driver should consistently respect all Promo Codes.
  2. A participating driver must not roll out, disclose or to make personal changes to GoCab promotions for personal gain.


V. EMERGENCY

If an emergency situation arises relating to the Participating Driver delivery job, please call the GoCab hotline.