Terms of Use For Philippines Getserv - Getsend Customers
Terms of Use For Philippines Getserv - Getsend Customers
Terms of Use For Philippines Getserv - Getsend Customers
GetSEND CUSTOMERS
Important please read these terms carefully. By using this Service, you
agree that you have read, understood, accepted and agreed with the
Terms of Use. You further agree to the representations made by yourself
below. If you do not agree to or fall within the Terms of Use of the Service
(as defined below) and wish to discontinue using the Service, please do
not continue using this Application or Service.
The terms and conditions stated herein (collectively, the Terms of Use or
this Agreement) constitute a legal agreement between you and FORTH
BRIDGE SOLUTIONS PTE. LTD. (the Company). In order to use the
Service (each as defined below) you must agree to the Terms of Use that
are set out below. By using the mobile application supplied to you by the
Company (the Application), and downloading, installing or using any
associated software supplied by the Company (the Software) which
overall purpose is to enable persons seeking parcel delivery services or
such other related services as may be accepted by the Transporter to
certain destinations to be matched with third party transportation providers,
drivers and vehicle operators (collectively, the Service), you hereby
expressly acknowledge and agree to be bound by the Terms of Use, and
any future amendments and additions to this Terms of Use as published
from time to time at www.GetSERV.com or through the Application.
The Company reserves the right to modify, vary and change the Terms 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 of Use or its policies
relating to the Service shall be effective upon the posting of an updated
version at www.GetSERV.com. You agree that it shall be your
responsibility to review the Terms of Use regularly and also the Terms of
Use applicable to any country where you use the Service which may differ
from the country where you registered for the Application (the Alternate
Country) whereupon the continued use of the Service after any such
changes, whether or not reviewed by you, shall constitute your consent
and acceptance to such changes. You further agree that usage of the
Service in the Alternate Country shall be subject to the Terms of Use
prevailing for the Alternate Country which can be found at
www.GetSERV.com.
THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT
PROVIDE PARCEL DELIVERY SERVICES AND THE COMPANY IS NOT
A TRANSPORTATION PROVIDER OR DELIVERY SERVICE PROVIDER.
IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS
(THE TRANSPORTER) TO OFFER DELIVERY SERVICES TO YOU
AND IT IS UP TO YOU TO ACCEPT SUCH DELVIERY SERVICES. THE
SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH DELIVERY
SERVICE PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO
PROVIDE DELIVERY SERVICE SERVICES OR ANY ACT THAT CAN BE
CONSTRUED IN ANY WAY AS AN ACT OF A DELIVERY SERVICE
PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR
THE ACTS AND/OR OMISSIONS OF ANY TRANSPORTERS PROVIDED
TO YOU.
By using the Service, you expressly represent and warrant that you are
legally entitled to accept and agree to the Terms of Use and that you are at
least eighteen (18) years old. Without limiting the generality of the
foregoing, the Service is not available to persons under the age of
eighteen (18) or such persons that are forbidden for any reason
whatsoever to enter into a contractual relationship. By using the Service,
you further represent and warrant that you have the right, authority and
capacity to use the Service and to abide by the Terms 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 whether in your home nation or otherwise in the country,
state and city in which you are present while using the Service.
You may only access the Service using authorized means. It is your
responsibility to check and ensure that you have downloaded the correct
Software for your device. The Company is not liable if you do not have a
compatible device or if you have downloaded the wrong version of the
Software to your device. 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.
By using the Software or the Application, you agree that:
You warrant that you are either the Owner or the authorized representative
of the Owner of the parcel, and is authorised to accept and is accepting
these Conditions for himself and as representative for and on behalf of the
Owner of the parcel.
You are responsible for ensuring that RECEIVER NAME, CONTACT and
DELIVERY ADDRESS are included accurately into the Notes to Driver
column and on the parcel. The Company shall not be liable in the event of
late or non-delivery of the parcel by reason of erroneous delivery details as
aforesaid.
You warrant that it is complying with all laws and regulations relating to the
nature, condition, packing, handling, storage and carriage of the Parcels
and that the Parcels are not in any manner or condition prohibited by law
or is dangerous, hazardous, highly perishable, inflammable, contains
explosive, corrosive and/or radioactive or that it is a restricted article as
defined by the ASEAN Framework Agreement on the Facilitation of
Parcels in Transit (Protocol 9)
(http://www.asean.org/news/item/protocol-dangerous-parcels); or by any
applicable government department and other relevant organisation.
The Company has the right to open and inspect a parcel without notice on
the basis of suspicion that the parcel may contain prohibited parcels.
You warrant that the parcel does not contain cash, cash equivalent or any
valuable parcels valued at PHP 2000.
Except where the Transporter has agreed in writing to pack the parcels,
you warrant that the parcels have been packed by yourself personally, are
properly and sufficiently prepared, packed, stowed and marked, and that
the preparation, packing, stowage, labelling and marking are appropriate to
any operations or transactions affecting the Parcels and the characteristics
of the parcels.
You agree to assume full responsibility and liability for all losses or
damages suffered by yourself, the Transporter or any third party as a result
of any breach of this Terms of Use.
The Transporter retains the right to refuse delivery, for example, if the item
is not packed well, above 5kg or larger than 32x25x12cm.
Payment
You may choose to pay for the Service by cash and where
available, by credit card and or debit card (Card).
In the event that you choose to pay for the Service by Card, you will
need to register a valid 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 permission
to use the Card 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
your payment method via a 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.
When you register for the Service, you will have the option to
pre-set a default tip amount of your choosing. This will
automatically be added to the fee at the end of each journey and
given to the driver unless you choose to override it with a different
tip amount or to remove the tip.
You are required to make payment in full to the Transporter at the
time of collection of the parcel 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 Transporter 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 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.
Taxes
You agree that this Agreement shall be subject to all prevailing statutory
taxes, duties, fees, charges and/or costs, however denominated, 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.
License Grant & Restrictions
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 purposes, subject to the Terms of Use herein. 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 may use the Software and/or the Application only for your personal,
non-commercial purposes and shall not use the Software and/or the
Application to: (i) send spam or otherwise duplicative or unsolicited
messages; (ii) send or store infringing, obscene, threatening, libelous, or
otherwise unlawful or tortious material, including but not limited to
materials harmful to children or violative of third party privacy rights; (iii)
send material containing software viruses, 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.
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
You agree and consent to the Company using and processing your
Personal Data for the Purposes and in the manner as identified hereunder.
The Company may use and process your Personal Data for business and
activities of the Company which shall include, without limitation the
following (the Purpose):
If you do not consent to the Company processing your Personal Data for
any of the Purposes, please notify the Company using the support contact
details as provided in the Application.
If any of the Personal Data that you have provided to us changes, for
example, if you change your e- mail address, telephone number, payment
details 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
fourteen (14) working days of receipt of such notice of change.
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 parcels 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, is solely between you and the applicable
third-party. The Company and its licensors shall have no liability, obligation
or responsibility for any such correspondence, purchase, transaction or
promotion between you and any such third- party. The Group 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, its licensors or the Group be responsible for any content,
products, services or other materials on or available from such sites or
third party providers. The Company provides the Service to you pursuant
to the Terms of Use. You recognize, however, that certain third party
providers of transportation, parcels and/or services may require your
agreement to additional or different terms and conditions prior to your use
of or access to such parcels or services, and the Company is not a party to
and disclaims any and all responsibility and/or liability arising from such
agreements between you and the 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 the Terms 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
www.GetSERV.com. 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 Transporters, other third party providers,
advertisers and/or sponsors you interact with through the Service and/or
advertising or marketing material supplied through the Service.
Indemnification
By agreeing to the Terms 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 Transporter, third party providers,
partners, advertisers and/or sponsors, or (b) your violation or breach of any
of the Terms 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 Transporters arranged via the Service, or (d) your use or
misuse of the Service, Software and/or the Application.
You shall be responsible for the cost of repair for any damage to or
necessary cleaning of the Service Providers vehicle as a result of your
misuse of the Service or in breach of the terms herein. The Company
reserves the right to facilitate payment for reasonable cost of such Repair
or Cleaning on behalf of the Service Provider via your designated payment
method or demand from you in cash, in the event a request for repair or
cleaning request by the Service Provider has been verified by the
Company.
Disclaimer of Warranties
Internet Delays
Limitation of Liability
Neither the Company nor the Transporter shall be liable for any damage to
or loss of the parcel or late or non-delivery of the parcel due to for any
reason which may include but not limited to an act of God including but not
limited to natural disasters, typhoons or flood, an act of war, civil
disruptions or strikes or the anticipation of the same, criminal acts or
omissions of third parties, industrial actions, unforeseeable traffic
conditions, seizure under legal process, national or local disruptions to air,
ground or water transportation networks or breakdown in communication
or information systems.
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 GetSERVs App.
The Company shall not be liable for any losses or damages, including but
not limited to any injury which the User may suffer, any damage to or loss
of property owned by or in your possession of the User, or any Indirect
Loss and Damage, resulting from the Transporters services, matters
relating to Transporters, or the process of transporting the Parcels. Any
movement of the Parcels involving a User and a Transporter is a direct
contract between those parties to which the Company is not a party.
Notice
Assignment
General
The Transporter retains the right to refuse delivery, for example, if the item
is not packed well, above 5kg or larger than 32x25x12cm.
In the event that the law in an Alternate Country does not allow jurisdiction
to be that of the courts of Philippines or where judgment of aPhilippines
court is unenforceable in the Alternate Country, unresolved disputes shall
be referred to the Singapore International Arbitration Centre (SIAC), in
accordance with the Rules of the SIAC 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 SIAC in
accordance with the Rules.
The seat and venue of the arbitration shall be Singapore, 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.
You hereby agree that the Company is entitled to terminate this Agreement
immediately if it find in its absolute description that you are 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.