The terms and conditions of this Private Carrier Services Agreement (the “Agreement”) stated herein constitute a legal agreement between you (the “User”) and the Participating Driver. By accessing and using the Services, both parties agree that both of you have read, understood, accepted and agreed with the terms and conditions of this Agreement and any future amendments and additions herein as published by We Move Things from time to time, as well as to the representations you both made below. If you do not agree to the terms and conditions of this Agreement, you may not access or use the Services. We Move Things may immediately terminate this Agreement or any Services with respect to both of you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
I. Adoption of Provisions and Definitions:
All the provisions and definition of terms stated in the Terms and Conditions of Use shall be adopted in this Agreement.
II. The Purpose:
The purpose of this Agreement is to set forth the rules between you and the Participating Driver by using the Software and the Services provided by We Move Things.
III. The Private Carrier Services:
The Private Carrier Services refer to the services provided by the Participating Driver to you, which includes pick-up, transportation and delivery of your Shipment from pick-up location to your intended destination within the Philippines using a booked vehicle as well as any add-on services as specified in the Order.
A. The Private Carrier Services will start:
1. Once you submit the Order using the Software;
2. The Order consists of the complete information of the Shipment, such as, but not limited to, the description and quantity of the item/s to be delivered, handling instructions, the pick-up location and the intended destination, the sender and the recipient of the Shipment, your preferred vehicle, add-on services, if any, your name and mobile number, and the corresponding amount due for the said carriage;
3. With respect to the corresponding amount due for the delivery of the Shipment, all the provisions stated in No. III (G) – Choice of Payment, The Services and No. VI – Fees and Charges of the Terms and Conditions of Use will apply to this Agreement;
4. The Participating Driver accepts the Order and diligently picked-up and delivers the Shipment as stated in the Order.
B. The Private Carrier Services will end once the Shipment will be handed-over to the recipient of the Shipment;
C. You herein agree, acknowledge and undertake that this Agreement exclusively handles the carriage of the Shipment and does not extend the carriage of person/s. In a very rare situation when you requested an add-on service that you and/or your representative will accompany the Shipment to the intended destination, it is the sole discretion of the Participating Driver to allow or disallow you and/or your representative to accompany the Shipment. You herein agree that situation like this is exceptional in nature and maybe allowed by the Participating Driver as necessary to minimize any risk of damage and/or loss to the Shipment. You herein undertake any and all liabilities arising from the transportation of the accompanying person by the Participating Driver; and
D. You herein acknowledge that the amount due for the delivery of the Shipment as indicated in the Order represents the cost of the private carrier services you availed and excludes the cost of the services for carrying and/or transporting the accompanying passenger/s.
IV. Your duties and responsibilities, obligations, warranties and undertakings:
By availing the Private Carrier Services, you herein agree, acknowledge, warrant and undertake that:
A. You are of legal age and has the capacity to accept, agree, enter into and execute contracts under Philippine laws;
B. The Private Carrier Services you availed and will be rendered to you by the Participating Driver shall be governed by all the terms and conditions of this Agreement;
C. You are the owner of the Shipment and/or the authorized representative of the owner of the Shipment and you accept and abide all the terms and conditions of this Agreement;
D. The Participating Driver is a private carrier and is not a public utility or a common carrier person, hence, the laws and/or rules governing the public utilities or common carriers shall not be applicable to this Agreement;
E. You shall provide complete, accurate and specific information/details of the Shipment, such as, but not limited to, the description and quantity of the item/s to be delivered, handling instructions, the pick-up location and the intended destination, the sender and the recipient of the Shipment, your preferred vehicle, add-on services, if any, your name and mobile number, before submitting the Order;
F. You have complied with all laws and regulations relative to the nature, condition, packing, handling, storage and carriage of the Shipment;
G. You shall not cause the delivery of any goods/items that are prohibited by law, dangerous and/or hazardous materials or substances, radioactive material which may be harmful to the Participating Driver or the delivery vehicle;
H. You shall be responsible for the proper packaging of your Shipment, durable enough to protect against possible damage while the Shipment is in transit, with proper label like “fragile” and/or “do not turn upside down”, to name a few;
I. Your failure to properly packed and put label on your Shipment shall be at your own risk and the Participating Driver is not responsible and liable to any and all damage it may occur while the Shipment is in transit;
J. Being the owner and/or the authorized representative of the owner of the Shipment, you undertake full responsibility for the contents of the Shipment and the Participating Driver is not obliged to open and/or inspect the contents of the Shipment and he/she shall not responsible to any legal liability resulting from the transportation of your Shipment;
K. You herein undertake any and all liabilities arising from the transportation of the accompanying person by the Participating Driver and further indemnifies the Participating Driver against any and all claims, damages and liabilities arising from any incident which may occur for the transportation of the said accompanying person;
L. You shall be solely liable for any loss and/or damage to be suffered by the Participating Driver or any third party as a result of your violation/s of any and all of the terms and conditions of this Agreement; and
M. You hold the Participating Driver free and harmless from any legal liability to any third party as a result of any breach of the terms and conditions of this Agreement.
V. The Participating Driver’s duties and responsibilities, obligations, warranties and undertakings:
The Participating Driver, by rendering the Private Carrier Services to you, herein agrees, acknowledges, warrants and undertakes that:
A. He/She is of legal age and has the capacity to accept, agree, enter into and execute contracts under Philippine laws;
B. He/She is a duly licensed driver, a holder of a Professional Driver’s License duly issued by the Land Transportation Officer (LTO), Philippines, and has been accredited by We Move Things to be a qualified Participating Driver;
C. He/She is the registered owner and/or the authorized driver of the owner of the delivery vehicle to be used in rendering the Private Carrier Services;
D. He/She is not engaged in the business of a public utility and/or a common carrier;
E. He/She is not an employee, representative, agent, principal or officer of We Move Things;
F. The Private Carrier Services he/she shall render to you shall be governed by all the terms and conditions of this Agreement;
G. He/She shall faithfully perform the duties and responsibilities of the private carrier of your Shipment and will conscientiously comply with the Participating Driver’s Code of Conduct;
H. He/She has the skills, capacity and appropriate delivery vehicle to perform the Private Carrier Services in accordance with your instructions as specified in your Order;
I. He/She shall provide additional personnel, if necessary, as specified in your Order, and shall directly supervise and responsible for the actions and outcome of the services his said additional personnel;
J. He/She shall be responsible for the compensation/salary of his said additional personnel;
K. Any and all violations or negative feedback, the Participating Driver may incur while rendering his/her Private Carrier Services to you shall be subject to investigation by We Move Things, and if found guilty, the Participating Driver will be penalized and/or deny access to the Software, depending on the weight of his/her violation/s;
N. He/She has the option not to accept the Shipment if the Shipment is found to be prohibited by law, dangerous and/or hazardous materials or substances, radioactive material which may be harmful to him/her or the delivery vehicle;
O. He/She shall diligently transport and deliver the Shipment and shall take reasonable precaution to prevent unauthorized person/s from accessing the Shipment and/or against loss of, or damage to, the Shipment while in transit;
P. He/She shall faithfully deliver the Shipment according to your instructions specified in your Order and he/she may solely rely on the information you provided in your Order as accurate, true and correct without conducting a verification of the same;
Q. He/She shall not be liable for any delays in effecting the delivery of your Shipment for any reason whatsoever, except if the delay is directly caused by the his/her gross negligence or fault;
R. He/She shall not be liable for any loss or damage arising from, or in connection with, your violations of your duties and responsibilities, obligations, warranties and undertakings abovementioned;
S. He/She shall not be liable for any delay and/or failure to deliver the Shipment, loss or damages, due to force majeure and/or intervention of a third party;
T. His/Her liability to you for loss or destruction of the Shipment shall be equivalent to the value of the Shipment as you declared in the Order.
A. Amendments – by clicking the Agree/Accept button below, both of you agree that We Move Things may, from time to time, amend the provisions of this Agreement by posting such amendments and additional terms and conditions on its website and/or by sending notification on both your mobile app. You shall be bound by such amendments made by We Move Things.
B. Assignment – We Move Things reserves the right to assign, transfer or sell any and all of its right, duties, benefits, privileges or obligations to any third party without the need of notice or consent from you. However, both of you may not assign your rights, duties, benefits, privileges or obligations to any third party under this Agreement.
C. Entire Agreement – It is the intention of the parties hereto that all the provisions of this Agreement defines, determines, embodies and represents the entire Agreement between you and the Participating Drivers relating to the subject matter hereof. No representation, promise or inducement has been made by both of you that is not embodied in this Agreement.
D. Governing Law – This Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Philippines.
E. Manifestation – You herein manifest that you have read and understood this Agreement and you herein undertake and agree to abide by the same.
F. Non-Circumvention – Both of you undertakes that both of you will not directly or indirectly, contact, deal with or otherwise involved, connive, conspire with each other for the purpose of avoiding the payment due to We Move Things of profits and/or fees.
G. Severability – Should any provision of this Agreement be declared null, void or unenforceable by any government agency or court of law, this shall not affect the other provisions of this Agreement, which are capable of severance and which will continue unaffected. Both of you herein agree that any provision of this Agreement that have been declared null, void and unenforceable by any government agency or court of law shall be replaced with valid and enforceable provisions as closely aligned with the original intent as possible.
H. Termination – We Move Things may immediately terminate this Agreement or any Services or generally cease offering or deny access to the Software and the Services or any portion thereof, at any time for any reason.
I. Venue of Action – In the event of any dispute, controversy or claim, breach, termination or invalidity thereof, arising from, or relating to, this Agreement, the venue of the action shall be brought before the proper courts of Pasig City, Philippines, only, to the exclusion of all other courts of equal and competent jurisdiction.
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