Terms of Use For Philippines Getserv - Getsend Customers

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TERMS OF USE FOR PHILIPPINES GETSERV -

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.

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 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 will only use the Service for lawful purposes;


You will only use the Service 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 use the Application and/or the Software to cause
nuisance, annoyance, inconvenience or make fake bookings;
You will not use the Service, Application and/or Software for
purposes other than obtaining the Service;
You shall not contact the Transporter 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 Transporter;
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 to defraud the Company or enrich
yourself, through any means, whether fraudulent or otherwise,
through any event, promotion or campaign launched by the
Company to encourage new subscription or usage of the Service by
new or existing customers;
You are aware that when requesting delivery services by SMS or
use of the Service, standard telecommunication charges will apply;
You shall not cause a nuisance or behave in an inappropriate or
disrespectful manner towards the Company or the Service Provider
regardless of any misgivings that you may have against the
Company or the Service Provider;
You shall not impair or circumvent the proper operation of the
network which the Service operates on;
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 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 are to ensure that a DESCRIPTION of the parcel is to be included into


the Notes to Driver column. The User warrants that the description and
particulars of the Parcels are complete, accurate and correct. Before the
delivery commences, the User shall inform the Transporter of any specific
precaution which should be applied to the handling of the Parcels in
accordance with their nature.

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 shall solely be liable for demurrage or loss, damage, contamination,


soiling or detention, before, or after the delivery of the parcel (including but
not limited to Containers) or any person referred to herein caused directly
or indirectly by you or any person acting as servants, representatives or
independent contractors for or on behalf of either of them.

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.

Intellectual Property Ownership

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 Terms of Use do not constitute a sale
agreement and do not convey to you any rights of ownership in or related
to the Service, Software and/or the Application, or any intellectual property
rights owned by the Company and/or its licensors. The Company name,
the Company logo, the Service, the Software and/or the Application and
the Transportation 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.

Personal Data Protection

You agree and consent to the Company using and processing your
Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, Personal Data means information


about you, from which you are identifiable, including but not limited to your
name, identification card number, birth certificate number, passport
number, nationality, address, telephone number, credit or debit card
details, race, gender, date of birth, email address, any information about
you which you have provided to the Company in registration forms,
application forms or any other similar forms and/or any information about
you that has been or may be collected, stored, used and processed by the
Company from time to time and includes sensitive personal data such as
data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However if you do not
provide the Company your Personal Data, your request for the Application
may be incomplete and the Company will not be able to process your
Personal Data for the Purposes outlined below and may cause the
Company to be unable to allow you to use the Service.

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):

To perform the Companys obligations in respect of any contract


entered into with you;
To provide you with any services pursuant to the Terms of Use
herein;
To process your participation in any events, promotions, activities,
focus groups, research studies, contests, promotions, polls, surveys
or any productions and to communicate with you regarding your
attendance thereto;
Process, manage or verify your application for the Service pursuant
to the Terms of Use herein;
To validate and/or process payments pursuant to the Terms of Use
herein;
To develop, enhance and provide what is required pursuant to the
Terms of Use herein to meet your needs;
To process any refunds, rebates and or charges pursuant to the
Terms of Use herein;
To facilitate or enable any checks as may be required pursuant to
the Terms of Use herein;
To respond to questions, comments and feedback from you;
To communicate with you for any of the purposes listed herein;
For internal administrative purposes, such as auditing, data
analysis, database records;
For purposes of detection, prevention and prosecution of crime;
For the Company to comply with its obligations under law;
To send you alerts, newsletters, updates, mailers, promotional
materials, special privileges, festive greetings from the Company, its
partners, advertisers and or sponsors;
To notify and invite you to events or activities organised by the
Company, its partners, advertisers, and or sponsors;
To share your Personal Data amongst the companies within the
Companys group of companies comprising the subsidiaries,
associate companies and or jointly controlled entities of the holding
company of the group (the Group) and with the Companys and
Groups agents, third party providers, developers, advertisers,
partners, event companies or sponsors who may communicate with
you for any reasons whatsoever.

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.

By submitting your information you consent to the use of that information


as set out in the form of submission and in this Terms of Use.

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 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.

Repair or Cleaning Fees

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

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
TRANSPORTER. 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 TRANSPORTER
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 TRANSPORTER REMAINS
SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO
RECOURSE WHATSOEVER TO THE COMPANY.

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
TRANSPORTER 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.

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 UTILISING THE
SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS OR TO
A MAXIMUM OF PHP2000, WHICHEVER IS LOWER. 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,
PARCELS, 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 TRANSPORTERS, 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 TRANSPORTERS, 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 TRANSPORTERS,
ADVERTISERS AND/OR SPONSORS. SAVE AND EXCEPT FOR
CORPORATE CUSTOMERS WHICH MAY HAVE A CORPORATE
ACCOUNT WITH US, WE CANNOT AND WILL NOT PLAY ANY ROLE IN
MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY
PROVIDERS, INCLUDING THE TRANSPORTER, 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 TRANSPORTERS, ADVERTISERS AND/OR
SPONSORS INTRODUCED TO YOU BY THE SERVICE, SOFTWARE
AND/OR THE APPLICATION.

THE QUALITY OF THE TRANSPORTERS SCHEDULED THROUGH THE


USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE
TRANSPORTERS WHO ULTIMATELY PROVIDES SUCH DELIVERY
SERVICES TO YOU.

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.

Whilst the Transporter shall make reasonable efforts under the


circumstances to deliver the parcel according to the estimated time frame
and schedule, it is agreed that these time frames are estimates and may
not accurately factor in extraneous conditions such as traffic, weather,
power outages, and civic or civil disruptions. Under no situation will the
Transporter be held liable for any loss or damage resulting from delays in
delivering the parcels.

The Company provides no warranty, assurance, or promise that its


technology, applications, or customer service will work as intended on your
phone, computer, tablet or other device.

The Company does not warrant or guarantee the availability, reliability,


timeliness, accuracy, or quality of the delivery services, GetSERV App or
the Transporter.

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

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.

Assignment

The agreement as constituted by the Terms 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.

General

The Transporter retains the right to refuse delivery, for example, if the item
is not packed well, above 5kg or larger than 32x25x12cm.

This Agreement shall be governed by Philippines 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 of Use or the Service shall be subject to the exclusive jurisdiction of
the courts of Philippines to which you hereby agree to submit to.

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.

No joint venture, partnership, employment, or agency relationship exists


between you, the Company or any third party provider as a result of the
Terms of Use or use of the Service. If any provision of the Terms of Use is
held to be invalid or unenforceable, such provision shall be struck 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 of Use shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by the Company in writing.
The Terms 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 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.

The Company is a licensee of FORTH BRIDGE SOLUTIONS PTE. LTD.

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