TERMS AND CONDITIONS OF USE

FOR JOYRIDE USER

Previous version : 11 September 2019

Last modified: 08 October 2020

 

IMPORTANT: Please read these terms carefully. By using JoyRides (the Company) Service (as defined below), you agree that you have read, understood, accepted and agree with the Terms and Conditions of Use. You further agree and acknowledge the representations you made below. If you do not agree to or fall within the Terms and Conditions of Use of the Service (as defined below), please do not continue using this Application or Service.

 

IMPORTANT: By using the Service, you acknowledge that you have also fully read and understood the Companys Privacy Policy. You agree and consent to the Company using and processing your Personal Data for the Purposes and Additional Purposes and in the manner as identified in the Privacy Policy.

 

If you do not consent to the Company processing your Personal Data for any of the Purposes and Additional Purposes, please notify the Company using the support contact details as provided in the Application, website, or Privacy Policy.

 

If any of the Personal Data that you have provided to us changes or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

 

We will, to the best of our abilities, effect such changes as requested within thirty (30) working days of receipt of such notice of change. By submitting your information, you consent to the use of that information as set out above.

 

I.                Contractual Agreement

 

The terms and conditions stated herein (collectively, the Terms and Conditions of Use or this Agreement) constitute a legal agreement between you and the Company where the Company will provide a Software (interchangeably, Application)which will enable persons seeking transportation or delivery services to be matched with third party independent transportation providers, drivers and vehicle operators (collectively, the Service Providers).

 

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures (e.g., Facebook page or websites) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

The Company may amend the Terms from time to time. Amendments will be effective upon the Companys posting of such updated Terms at their office address, online or in the Software. Your continued access or use of the Services after such posting, whether or not reviewed by you, confirms your consent to be bound by the Terms, as amended.

 

THE COMPANY IS A TECHNOLOGY COMPANY AND DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES. THE SERVICE (SERVICE) OF THE COMPANY IS TO LINK YOU WITH SUCH TRANSPORTATION SERVICE PROVIDERS. IT IS UP TO THE SERVICE PROVIDERS TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES VIA THE SOFTWARE OR MOBILE APPLICATION. THE COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR THE ACTS, NEGLIGENCE AND/OR OMISSIONS OF ANY DELIVERY SERVICE PROVIDED TO YOU BY THE SERVICE PROVIDER.

 

By using the Application supplied to you by the Company and downloading, installing or using any associated software supplied by the Company, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions of Use, and any future amendments and additions to this Terms and Conditions of Use as published from time to time at http://www.joyride.com.ph or through the Application.

 

The Company reserves the right to modify, vary and change the Terms and Conditions of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and/or changes to the Terms and Conditions of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.joyride.com.ph. It is your responsibility to review the Terms and Conditions of Use regularly if you continue to use the Service and the continued use of the Service after any such changes, whether or not reviewed by you, shall be deemed as your consent and acceptance to such changes.

 

II.             Definitions:

 

A.   You, Your and Yours - refer to any natural or juridical person, the user of the Services, who installs a copy of the Software on a mobile device and submits booking/order through the Software.

B.     Software - refers to the application or program developed by JoyRide, introduced and used in the Philippines to provide the Services to you.

 

C.    Services - refer to all the works performed by JoyRide electronically through the Software it developed.

 

D.   Biker - refers to a licensed driver, a holder of a Professional Drivers License duly issued by the Land Transportation Officer (LTO), Philippines, who has been accredited with We Move Things as part of a pool of drivers who may be willing, at his/her sole discretion, to provide Private Carrier Services to you.

 

E.     Order - refers to your request of pick-up and transportation or delivery services, including add-on services, if any, using the Software.

 

F.     Agreement - refers to the contract of private carriage automatically entered into by and between you and the Participating Driver upon the acceptance by the latter of your Order through the Software. A copy of the said Agreement is hereto attached and made an integral part hereof as Annex A.

 

G.    JR Pay Wallet - refers to your deposit of money with JoyRide for the fees and charges due for the Services you availed which will be deducted to your said JR Pay Wallet.

 

H.   Biker Wallet refers to the virtual wallet of the biker where the deducted amount from your JR Pay Wallet will be transferred as payment for the Services you availed.

 

III.         Purpose of the Terms and Conditions:

 

The purpose of this Terms and Conditions of Use is to set forth the rules governing your use of the Software and the Services provided by the Company thru the Biker.

 

By using the mobile application, the Software supplied to you by the Company and downloading, installing or using any associated software likewise supplied by the Company, will enable you to arrange and schedule transportation, logistics and/or delivery of goods to your desired destination to be matched with the Rider.

 

 

IV.         The Services:

 

The Services consists of a mobile application the Application, and related services, which will enable you to arrange and schedule transportation, logistics and/or delivery of goods to your desired destination to be matched with the Biker and/or to purchase certain goods, including with third party providers of such services and goods under agreement with the Company, and includes but is not limited to:

 

A.     Providing the Software to you thru downloading, installing and using it in your mobile device;

 

B.     Providing a link, thru the use of the Software, to you with the Biker;

 

C.     Providing an Agreement between you and the Biker, thru the use of the Application. The Company is not a party to the said Agreement.

 

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

 

E.     Dissemination of the details of a Serviceto accredited Bikers and third party providers of goods and services for their acceptance;

 

F.     Sending a confirmation to you of the details of the Biker who has accepted your Order or third party providers of goods and services;

 

G.    Depending on your choice of payment:

 

1.      If cash, you will pay directly to the Biker the fees and charges as stated in the Application; or

 

2.     If thru JR Pay Wallet, the fees and charges as stated in your Order will automatically be deducted to the money you deposited in your JR Pay Wallet upon reaching the destination and/or completion of the delivery and ending the trip by the Participating Driver.

 

Unless otherwise agreed by the Company in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH THE COMPANY AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.

 

 

V.             Representations, Warranties and Obligations

 

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions of Use and that you are at least eighteen (18) years old or of legal age in the Philippines. The Service is not available to anyone under the age of eighteen (18) or such persons that are forbidden by law for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, and capacity to use the Service and agree to abide by the Terms and Conditions of Use. 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 your 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.

 

You may only access the Service using legal means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company disclaims all liabilities if you do not have a compatible device or if your mobile device does not work optimally or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used or for any unlawful purposes.

 

By using the Software or the Application, you agree that:

 

   You will only use the Service for lawful purposes and only for the purpose for which it is intended to be used;

   You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

   You will not carry within or on your person any illegal, dangerous or prohibited items or articles while using the Service;

   You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

   You shall not contact the Service Provider for purposes other than the Service;

   You will not impair the proper operation of the network;

   You shall not intentionally or unintentionally cause or attempt to cause damage to the Service Provider;

   You will not try to harm the Service, Application and/or the Software in any way whatsoever;

   You will not copy, or distribute the Software or other content without written permission from the Company;

   You will only use the Software and/or the Application for your own use and will not resell it to a third party;

   You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;

   You will provide us with whatever proof of identity we may reasonably request or require;

   You 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 term of this Agreement.

   You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

   You will only use an access point or data account (AP) which you are authorized to use;

   You shall not employ any means, methods or schemes to defraud the Company or enrich yourself, whether fraudulent or otherwise, and be it through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers or through normal use of the Service;

   You are aware that when requesting delivery services via the Application standard telecommunication charges will apply;

   You agree that the Service is provided on a reasonable effort basis;

   You agree that your use of the Service will be subject to the Companys Privacy Policy as may be amended from time to time; and

   You assume full responsibility and liability for loss or damage suffered by the Service Provider, the Company or any third party as a result of any breach of this Terms and Conditions of Use.

 

VI.           Payment of Fees and Charges

 

   You may choose to pay for the Service by cash, , or through your JR Pay Wallet.

   In the event that you choose to pay for the Service by JR Pay Wallet, , you will need to top up your JR Pay wallet with a valid credit card or debit card (Card) which belongs to you in accordance with the instructions within the Application.

   If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their clear and express permission to use the Card for topping up your JR Pay Wallet for the payment of the Service.

   You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.

   You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify the Card. The hold may appear in your statement as pending. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.

   In the event your top up by credit card is processed in overseas, you will be liable for and agree to any additional charges in relation thereto.

   Once you have completed a journey using the Service you are required to make payment in full to the Service Provider and your payment is non-refundable. If you have any complaints in relation to the service provided, then that dispute must be taken up with the Service Provider directly.

   The Company has the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms and Conditions of Use.

   You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.

   You shall be responsible to resolve any disputes with your Card company on your own.

   Non-cash transaction, pre-paid and/or in-app payments is available thru the JR Pay User Wallet; JR Pay Wallet refers to the deposit of money made by the User with the Company, from which deposit the fees and charges due for an Order may be deducted, and over which deposit the User has full and complete control until the total order cost is deducted as a result of a completed transaction. Where the option for payment using the JR Pay Wallet is selected by the User, the confirmation of receipt of the payment of the fees and charges, for and on behalf of the Biker, shall be deducted by the Company from the JR Pay Wallet of the User for the account of the Biker.

   For Users availing of payment using the JR Pay Wallet option, the final adjusted rates and additional charges shall be deducted from the Users JR Pay Wallet. If an Order is cancelled within sixty (60) minutes before the start of the Order pickup time, the Company will automatically undo the transaction for debiting of funds from the Users JR Pay Wallet.

   The User acknowledges that he or she has full and complete control over the outstanding balance of his or her JR Pay Wallet, including the right to demand a refund of the same, until a deduction is effected with respect to the outstanding balance as a result of a completed transaction.

   The Biker has the duty to ensure all services and transactions are performed in accordance with the Terms and Conditions and any and all monetary disputes shall be handled by the Company to ensure proper handling;

   Bikers will be provided with their Biker Wallet, a stored value facility wallet. This wallet may be used to receive funds withdrawn from your JR Pay Wallet. Usage of JR Pay Wallet will be governed by the Terms and Conditions of Use and the Purchase Agreement below. The Biker acknowledges and confirms that the Company may administer and act as the Bikers collection agent for the payment of the total amount of user fees and charges due in respect of the provision of the Services;

   The Bikers earnings will be displayed in the Application and may be withdrawn by the Biker by cashing out from Biker Wallet with the Company. The Company reserves the right to make such deductions from the Balance as are provided for in these Terms and Conditions, as may be authorized;

   The Biker may add funds (Credits) to his/her Biker Wallet. Credits may be added in any manner prescribed by the Company from time to time (such as cash reload and reload by credit/debit card). The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. The Biker will not receive interest or other earnings on his/her Credits.

 

 

 

VII.      JR Pay Wallet and Credits

 

By purchasing Credits and/or using Your Wallet as defined above, you accept the following terms and conditions:

 

This JR Pay Wallet Credits Purchase Agreement ("Agreement") is between and among the Company and the purchaser and/or redeemer of JR Pay Wallet Credits (you).

 

"JR Pay Wallet Credits," for the purposes of this Agreement, means a load amount value which is added directly to the Users JR Pay Wallet or Your Wallet in the Software.

 

You must have an active and valid Account to purchase and to redeem Credits, and your use of Credits and JR Pay Wallet is subject to the Terms and Conditions of Use and the Purchase Agreement below. The Company may from time to time request information from you to confirm your identity before it will allow use of JR Pay Wallet or remitting any amounts to you in order to comply with relevant anti-money laundering laws. Credits may only be redeemed via the Application. The Company reserves the right to modify the scope of services for which Credits can be redeemed. No portion of Your Wallet Credits are transferrable to another party.

 

The Company is not responsible for unauthorized use of Credits. The Company reserves the right to suspend or void their respective portions of Credits if it is suspected that the Credits were obtained or used fraudulently, unlawfully, or otherwise in violation of this Agreement and the Terms and Conditions of Use.

 

The Credits for the JR Pay Wallet are not redeemable for cash nor are they refundable except at our absolute discretion. They cannot be resold or transferred for value. The Credits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. The Company may decide to reverse or refuse transfers of Credits at any time and at its sole discretion.

 

The Company may modify any of this Agreements terms and conditions at any time, with or without notice to you, subject to applicable law. The most current Agreement shall be available online or in the Application, and will supersede all previous versions of the Agreement. The most current Agreement shall be effective upon posting of such modified Agreement. Your use of any portion of your JR Pay Wallet and the Credits after such posting constitutes your acceptance of the modified Agreement. If any term of this Agreement is deemed to be invalid, void or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of this Agreement.

 

VIII.      Taxes

 

You agree that payments for the Service shall be subject to all applicable statutory taxes, duties, fees, charges and/or costs, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.

 

IX.            Repair or Cleaning Fees for Damage, Misuse, or Breach

 

The Biker shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Service under your Account. Any repair or cleaning in excess of normal wear and tear damages and necessary cleaning ("Repair or Cleaning") caused by the user during the use of the Service may be charged against the account of the User after verification made by the Company.

 

The Company reserves the right to facilitate payment for reasonable cost of Repair or Cleaning for damages beyond normal wear and tear or necessary cleaning on behalf of the Biker via your designated payment method or demand from you in cash, in the event a request for repair or cleaning has been made by the Biker and the necessity of such repair and cleaning has been verified by the Company.

 

X.              Intellectual Property Ownership; License Grant & Restrictions

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the 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 Company name, the Company logo, the Service, the Software and/or the Application and the Service Providers logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software and Application herein shall include its respective components, processes and design in its entirety.

 

The Company 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 and non-commercial purposes, subject to this Agreement. All rights not expressly granted to you are reserved by the Company 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 any 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 the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the 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 Services 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 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, worms, 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 the Companys reputation or amount to being disreputable.

 

 

XI.         Confidentiality

 

Confidential Information refers to any and all data and information you acquired and/or accessed and will acquire and/or access, by installing and using the Software and the Services developed, owned and managed by the Company, from time to time, such as, but not limited to, the following:

 

A.     The Source Code in relation to the Application and/or the mobile app developed, owned and operated by the Company;

 

B.     The app contents of the Application, driver on-boarding data operation procedures, non-public financial information, trade secrets like applicable rebate progames for corporate users, business plans, copyrightable materials, operating procedures, non-public records, notes, reports, correspondences, supplier information and proprietary information; and

 

C.     The trade secrets, techniques, marketing, Software and Services know-how, strategies and all proprietary information in connection to the use of the Software and Services of The Company,

 

are all confidential in nature and you herein undertake that you shall maintain complete confidentiality and shall not disclose any and all data and information to any third party and/or to a competing business entity.

 

You further herein undertake that you shall, at all times and in perpetuity, retain such confidential or proprietary information in full confidence and shall not, at any time, disclose, publish, reproduce or otherwise make available said confidential information to any third party/ies and/or in your own business or affairs, to the prejudice and detriment of The Company, its management, directors, officers, representatives and/or the Participating Drivers. You shall be responsible for any breach of this clause and shall, at your sole expense, take all necessary measures (including but not limited to court proceedings) to restrain the prohibited disclosure or use of the Confidential Information.

 

 

XII.      Data Privacy

 

The Company collects and processes your personal data in accordance with its Privacy Policy and in compliance with the Data Privacy Act of the Philippines. The Privacy Policy applies to all of its Services and its terms incorporated and made integral part of the Terms and Conditions of Use by reference.

 

Where applicable, you agree and consent to The Company, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing personal data as further described in our Privacy Policy.

 

You acknowledge that The Company can not disclose personal data of other individuals to you in the course of your use of the Software and Services unless expressly allowed by the Data Privacy Act of the Philippines. In cases where personal data is authorized to be disclosed to you, you represent and warrant that you will only use such personal data for the purpose for which it was disclosed to you by The Company, and not for any other unauthorized purposes.

 

XIII.      Third Party Interactions

 

During use of the Service, you may enter into correspondence with, purchase of goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such interaction between you and any such third party. The Company does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall the Company or its licensors or be responsible for any content, products, services or other materials on or available from such sites or third party providers.

 

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to this Terms and Conditions of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Companys website located at http://www.joyride.com.ph. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any Service Providers, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service; the Company shall not be liable to you in any manner whatsoever as a result of your such interactions.

 

XIV.      Indemnification

 

By agreeing to the Terms and Conditions of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such partys parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, Software and/or the Application, your dealing with the Service Provider, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms and Conditions of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including the Service Providers arranged via the Service, or (d) your use or misuse of the Service, Software and/or the Application.

 

 

XV.         Internet Delays

 

THE SERVICE, 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 INTERNET SERVICE PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

 

XVI.      Limitation of Liability

 

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILIZING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THE SERVICE PROVIDERS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING SERVICE PROVIDERS, ADVERTISERS AND/OR SPONSORS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THE SERVICE PROVIDERS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH US, WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THE SERVICE PROVIDER, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THE SERVICE PROVIDERS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, SOFTWARE AND/OR THE APPLICATION.

 

THE QUALITY OF THE SERVICE PROVIDERS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE SERVICE PROVIDERS WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU.

 

Neither the Company nor the Service Provider shall be liable for any injury to your person or loss of life or delay of your journey due 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.

 

The Company 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 or use of the Joyride software or mobile application.

 

The Company is not liable for any losses or damages, including but not limited to any injury which you may suffer, any damage to property owned by or in possession of you, or any Indirect Loss and Damage, resulting from the Service Providers services, matters relating to Service Providers, or the process of transportation by reason of you using the Service in your capacity as a User.

 

XVII.    Disclaimer of Warranties

 

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT:

 

(A) THE USE OF THE SERVICE, 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 OTHER 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 SERVICE PROVIDER.

 

THE SERVICE IS 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 RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT. THE COMPANY 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 SERVICE PROVIDER OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE SERVICE PROVIDER REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

 

XVIII. Notice

 

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

 

XIX.       Assignment

 

The agreement as constituted by the Terms and Conditions of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

 

XX.          Governing Laws

 

This Agreement shall be governed by Filipino law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions of Use or the Service shall be subject to the exclusive jurisdiction of the courts of the Philippines to which you hereby agree to submit to.

 

XXI.       Arbitration

 

In the event that the law in other countries or jurisdictions does not allow the courts of the Philippines to attain jurisdiction over any claims or disputes arising from this Agreement or where judgment of a Filipino court is unenforceable in other countries, any unresolved disputes shall be referred to the Philippines Dispute Resolution Centre, Inc. (PDRCI), in accordance with the Rules of the PDRCI as modified or amended from time to time (the Rules) by a sole arbitrator appointed by the mutual agreement of the Parties (the Arbitrator). If Parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRCI in accordance with its Rules.

 

The arbitration shall be in the English language and the fees of the Arbitrator shall be borne equally by the Parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

 

XXII.     No Relationship with Company

 

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms and Conditions of Use or use of the Service. If any provision of the Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. The failure of the Company to enforce any right or provision in the Terms and Conditions of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms and Conditions of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

 

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring Services from the transportation provider under this Agreement.

Terms of Use
JoyRide Delivery

JoyRide Delivery is an on-demand curbside delivery app. Booking JoyRide Delivery will match the sender with a trained Kasundo Biker who will pick-up the item and deliver it to its drop-off destination. Sender or receiver must meet the Kasundo Biker at the plotted pick-up or drop-off point in order to send or receive the parcels.

Parking, toll, and other incidental fees are not included in the total delivery fee. Applicable incidental fees will be collected by the biker separately.

Place a booking with your pick-up and drop-off locations to get matched with a qualified JoyRide Kasundo Biker.

Include pertinent notes to the biker in order to guide him during the motorcycle trip or the delivery (ex. receiver contact details, package description, needed handling instructions, and the like).

Confirm your booking to proceed with JoyRide Delivery.

Weight and dimensions of the item/s allowed:

  1. Items up to 12 kg maximum.
  2. Items with dimensions up to 17 x 15 x 10 inches maximum.

Examples of items that can be delivered:

  1. Food
  2. Drinks
  3. Medicine
  4. Clothing
  5. Groceries
  6. Parcels and Documents

Items that are delivered are insured up to PHP 2,000.00.

Refrain from delivering the following due to possible spoilage, disfiguration, and for safety reasons:

  1. Items larger than previously specified dimensions
  2. Cash
  3. High-value items
  4. Valuable gadgets
  5. Cakes and pastries
  6. Prohibited drugs
  7. Flammable or explosive items
  8. Suspicious-looking items
  9. Pets or animals

Terms of Use

JoyRide Pabili

JoyRide Pabili is an on-demand Pabili or Purchase Service. Your assigned JoyRide biker will buy items for you at your desired establishment (ex. restaurant, market, drugstore, etc.) and deliver them to your drop-off location.

This service can be used for food orders, take-outs, grocery shopping, purchasing medicine, etc.

How to book:

1. Search the establishment you want the biker to purchase from and set as the pickup location.
2. Search and set your drop-off location.
3. List down your orders in Item Order List. Include name of establishment, order details, cost of items, and Total Pabili Amount for biker’s easy reference.
4. In notes, include other pertinent details such as handling instructions, location details, contact details of store, etc.
5. Click Confirm Booking to be matched with a Kasundo Biker.
6. At the drop-off location, pay the biker the Total Fare and Cost of the Purchased Items.

If there are parking, toll, and other incidental fees, these will be collected by the biker separately.

Allowable weight and dimensions of the PABILI items: Up to 12 kg maximum with dimensions of up to 17 x 15 x 10 inches maximum.

Maximum cost of PABILI items is Php 2,000.00

Example of items that can be bought by the biker: Food, Drinks, Medicine, Clothing, Groceries, etc.

To avoid spoilage and disfiguration, as well as for safety reasons, refrain using this service for the purchase of: items larger than previously specified dimensions, high-value items, valuable gadgets, cakes and pastries, prohibited drugs, flammable or explosive items, suspicious looking items, pets or animals.

Pastries such as cakes, cupcakes, flans and the like, together with the above mentioned prohibited items, are not included in JoyRide’s insurance coverage. In the event that pastries and the like will be purchased and delivered, you fully accept the risk of possible damage to the items and agree to proceed with the booking without any insurance coverage.

Due to unforeseen circumstances beyond the control of the JoyRide biker and/or We Move People and Things Philippines, Inc. (the Company) and as a result, the PABILI items are not purchased or the PABILI delivery is delayed, the biker and/or the Company will not be liable for any direct and/or incidental damages.