The Terms and Conditions of Use stated herein constitute a legal agreement between you and We Move Things. By accessing and using the Services, you agree that you have read, understood, accepted and agreed with this Terms and Conditions of Use and any future amendments and additions herein as published by We Move Things from time to time, as well as to the representations you made below. If you do not agree to these Terms and Conditions of Use, you may not access or use the Services. We Move Things may immediately terminate this Terms and Conditions of Use or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
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. We Move Things – refers to We Move Things Philippines, Inc., a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with registered office address at 19th Floor Marco Polo Ortigas Manila, Sapphire Road, Ortigas Centre, Pasig City 1600, is the developer of the Software and is engaged in the business of providing the Services.
We Move Things is a technology company that does not provide transportation services and is not a transportation provider. It is up to the Participating Driver, a third party transportation provider, to offer transportation services to you and it is up to you to accept such transportation services. The service of We Move Things is to link you with the Participating Driver but does not, nor is it intended to provide transportation services or any act that can be construed in any way as an act of a transportation provider. We Move Things is not responsible nor liable for the acts and/or omissions of the Participating Driver and/or any transportation services provided to you.
We Move Things and the Participating Driver are neither responsible nor liable for any and all contents of the Shipment you are going to have it shipped or delivered thru the Services.
C. Software – refers to the application or program developed by We Move Things, introduced and used in the Philippines to provide the Services to you.
D. Services – refer to all the works performed by We Move Things electronically through the Software it developed as stated in No. III below.
E. Participating Driver – refers to a licensed driver, a holder of a Professional Driver’s 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.
F. 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 the 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.
G. Order – refers to your request of pick-up, transportation and delivery of your Shipment, including add-on services, if any, using the Software.
H. Shipment – refers to any and all goods, packages, parcels, delivery items or any part of the articles therein or contents thereof that will be delivered as specified in the Order.
I. 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”.
J. Your Wallet – refers to your deposit of money with We Move Things for the fees and charges due for the Private Carrier Services you availed which will be deducted to your said Your Wallet.
II. The Purpose:
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 We Move Things thru the Participating Driver.
By using the mobile application, the Software supplied to you by We Move Things and downloading, installing or using any associated software likewise supplied by We Move Things, will enable you to arrange and schedule transportation, logistics and/or delivery of goods to your desired destination to be matched with the Participating Driver.
III. The Services:
The Services, consists of mobile application – the Software, and related services, will enable you to arrange and schedule transportation, logistics and/or delivery of goods to your desired destination to be matched with the Participating Driver, such as, but 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 Participating Driver;
C. Providing an Agreement between you and the Participating Driver, thru the use of the Software, a copy of which is hereto attached and made an integral part hereof as Annex “A”. We Move Things is not a party to the said Agreement.
D. Providing the calculation of fees and charges for the completion of an Order;
E. Dissemination of the details of an Order to accredited Participating Drivers of We Move Things for their acceptance;
F. Sending a confirmation to you of the details of the Participating Driver who has accepted your Order;
G. Depending on your choice of payment:
1. If cash, you will pay directly to the Participating Driver the fees and charges as stated in your Order upon pick-up by the Participating Driver of your Shipment; or
2. If thru Your Wallet, the fees and charges as stated in your Order will automatically be deducted to the money you deposited in Your Wallet upon reaching the destination and/or completion of the delivery and ending the trip by the Participating Driver.
IV. Use of the Software and the Services:
By using the Software and the Services, you agree that:
A. You shall only use the Software and the Services for lawful purposes;
B. You shall only use the Software and the Services for the purpose for which it is intended to be used and not for any commercial purposes whatsoever and/or to produce any email advertisements or spam emails;
C. You shall only use the Software and the Services for your own use and shall not resell, rent, lease, sub-license, distribute or transfer copies of the Software or the license for the use of the Software to any third party/ies;
D. You shall not use the Software and the Services for sending any unlawful materials, illegal drugs or substances and the like and/or for fraudulent purposes;
E. You shall not use the Software and the Services to cause nuisance, annoyance, inconvenience or make fake bookings and/or in any way to track, stalk, harass or hurt any person;
F. You shall not use the Software and the Services for purposes other than obtaining the Services;
G. You shall not impair or circumvent the proper operation of the Software which the Services operates on, nor interrupt the normal operation of it, nor use any methods to export and/or modify the source code of the Software;
H. You shall not modify, adjust, customize, revise, transfigure, convert the Software or create derivative works based on the Software supplied to you by We Move Things;
I. You shall not try to harm the Software, in any manner whatsoever, such as, but not limited to, uploading and/or sending out any kinds of computer viruses, worms, Trojans or malicious codes;
J. You shall not copy or distribute the Software or other content of it without written permission from We Move Things;
K. You shall keep secure and confidential your account password or any identification We Move Things’ provides you which allows you access to the Software and to the Services and you shall immediately notify We Move Things if the security of your account has been hacked and/or compromised;
L. You acknowledge and agree that only one (1) account can be registered on one (1) device and you shall not install and/or execute the Software on any device other than the mobile device running the operating systems approved by We Move Things;
M. You shall only use an access point or data account which you are authorized to use;
N. You shall not use the Software in another person’s name and/or use the Software with property of others without his/her consent;
O. You are aware that when requesting transportation services thru SMS or use of the Services, standard telecommunication charges will apply;
P. You agree that the Services is provided on a reasonable effort basis;
R. You shall not employ any means to defraud We Move Things or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by We Move Things to encourage new subscription or usage of the Services by new or existing user;
S. You shall not contact the Participating Driver for purposes other than the Services;
T. You shall not intentionally or unintentionally cause or attempt to cause damage to the Participating Driver and his/her vehicle; and
U. You shall provide We Move Things complete and accurate information in submitting the Order, such as the quantity and description of the item/s to be delivered, your choice of delivery-vehicle type, manner of payment, add-on services and handling instructions of the Shipment, if any, through the Software for initial determination of applicable rates.
V. Your duties and responsibilities, obligations, warranties and undertakings:
By using the Services and 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. You shall submit your personal information to We Move Things thru the Software and you shall provide We Move Things with proof of identity as it may reasonably request or require;
C. You shall provide accurate, current and complete information as required for the Services 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 We Move Things 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, We Move Things has the right, but not the obligation, to terminate this Agreement and your use of the Services at any time with or without notice;
D. We Move Things has the right to collect, use, keep, store, update and process your personal information to such extent, for and such time/period, as may be necessary for We Move Things to provide the Services. The submitted personal data may be used for or in:
1. The publication of your Order and the acceptance by the Participating Driver of our said Order;
2. Confirmation and/or clarification of the Order information between you and the Participating Driver;
3. Tracking the booked vehicle;
4. Determining the compliance with this Terms and Conditions of Use;
5. Addressing your complaint/s against the Participating Driver, if any;
6. Verifying the truthfulness of the personal data you submitted;
7. Compliance with legal process and investigation; and
8. Other acts or procedures which are reasonably necessary or connected with the provisions of the Services;
E. You are the owner of the Shipment and you accept and abide all the terms and conditions of this Agreement in using the Software, the Services and the Private Carrier Services;
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 and/or his/her delivery vehicle;
H. You are liable for any loss and/or damage suffered by We Move Things, the Participating Driver and/or any third party as a result of your violation/s to the Terms and Conditions of Use herein and/or the Agreement with the Participating Driver, Annex “A” hereof; and
I. You hold We Move Things free and harmless from any legal liability to any third party as a result of any breach of this Terms and Conditions of Use and/or the Agreement with the Participating Driver, Annex “A” hereof.
VI. Fees and Charges:
A. You will be charged the Standard Transport Fee in accordance with the prevailing rates at the time the Participating Driver has accepted your Order;
B. The prevailing rates are indicated in the rates section of the Software and/or in We Move Things’ website;
C. The fees and charges for the delivery of the Shipment will be determined in accordance with specified maximum weight, size and quantity of the Shipment, the delivery vehicle used and the add-on services, if any and/or as needed;
D. An adjustment of the rates, including additional charges, shall be applied if the weight, size or quantity of the Shipment you declared is different from the actual weight, size and/or quantity of the said Shipment;
E. Additional charges, such as, but not limited to, Toll and/or Parking Fees and such other fees and expenses, which are necessary, related and/or incidental to effect the delivery of the Shipment to the recipient and/or the return of the Shipment to you shall be charged to your account and is not included in the fees and charges indicated in the Order;
F. In the event that the Shipment is not accepted and/or refused to be accepted by the recipient of the Shipment and/or any of his/her representative/s, any and all expenses for the return to the Shipment back to you shall be charged to you;
G. Cancellation of an Order made before the start of the pick-up time shall be free of charge. However, you shall be charged the full amount as indicated in the Order if you cancelled the Order once the pick-up time has started.
H. If you are using Your Wallet, the final adjusted rates and additional charges shall be deducted from Your Wallet. If an Order is cancelled before the start of the pick-up time, We Move Things will automatically return the amount debited from Your Wallet; and
I. We Move Things, for the performance of the Services, shall be entitled to a percentage in the total fees and charges due for an Order.
VII. Intellectual Property Ownership:
Subject to your compliance with this Terms and Conditions of Use, We Move Things grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
A. Access and use the Software on your personal/mobile device solely in relation with your use of the Services;
B. Access and use any content, information and related materials that may be made available through the Services, solely for your personal non-commercial use;
C. You herein acknowledge We Move Things’ sole and exclusive ownership, management and control of the Software and Services, trademarks, tradename, trade secrets, all other proprietary information and/or all related intellectual property rights in and to the Software and Services, including any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you and/or any other party relating to the Services. Unauthorized dissemination, misuse, misappropriation, slander or defamation of We Move Things, We Move Things’ Software and Services, trademarks, tradename, among others, gives We Move Things the unilateral right to terminate this Agreement; and
D. Any rights not expressly granted herein are reserved by We Move Things.
“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 We Move Things, from time to time, such as, but not limited to, the following:
A. The Source Code in relation to the Software and/or the mobile app developed, owned and operated by We Move Things;
B. The app contents of the Software, 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 We Move Things,
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 We Move Things, its management, directors, officers, representatives and/or the Participating Drivers.
A. We Move Things is a technology company that does not provide delivery or transportation services, is not a delivery or transportation provider and is not engaged in the activities of a common or private carrier or a public utility;
B. The Participating Driver, a third party transportation provider, shall offer delivery or transportation services to you and it is up to you to accept such delivery or transportation services;
C. The service of We Move Things is to link you with the Participating Driver but does not, nor is it intended to provide transportation services or any act that can be construed in any way as an act of a transportation provider;
D. We Move Things is not responsible nor liable for the acts and/or omissions of the Participating Driver and/or any transportation services provided to you;
E. We Move Things is not an agent, principal, partner or employer of the Participating Drivers;
F. We Move Things shall not be liable for any misuse by the Participating Drivers of the your personal information;
G. You shall receive and use the Participating Driver’s personal data (name and contact number) for the purpose of fulfilment of your Order, subject to the terms and conditions stated in the Agreement, Annex “A” hereof;
H. You shall be liable to the Participating Driver for any misuse of his/her personal data and you agree to hold We Move Things free and harmless from the misuse of the Participating Driver’s personal data;
I. We Move Things does not perform, manage, supervise or control the Private Carrier Services. It is completely, exclusively and independently performed by the Participating Driver;
J. We Move Things does not warrant the availability of Private Carrier Services and the availability of delivery of vehicles as you may be requested in an Order, the accuracy of the data or information provided as part of the Services, or the quality of the Private Carrier Services and the condition of the delivery vehicles provided by the Participating Drivers;
K. We Move Things shall not be liable to you for any damages, claims or costs, including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device as a result of your installation of the Software and/or availment of the Services or the Private Carrier Services using the Software;
L. We Move Things shall not be liable for any loss or damages, including injury you and/or the Participating Driver may suffer as a result of the provision of the Private Carrier Services Agreement, Annex “A” hereof, contracted by you and the Participating Driver using the Software;
M. We Move Things and the Participating Driver are neither responsible nor liable for any and all contents of the Shipment you are going to have it shipped or delivered thru the Services;
N. We Move Things does not warrant the performance of the Software or the compatibility of the Software with your mobile device;
O. We Move Things reserves the right, but not an obligation, to pursue investigations and/or inquiries on the conduct and/or alleged violations by Participating Drivers based on your report and/or complain, and to impose appropriate sanction/penalties on the Participating Driver, at the sole and absolute discretion of We Move Things.
A. Amendments – by clicking the Agree/Accept button below, you agree that We Move Things may, from time to time, amend the provisions of this Terms and Conditions of Use by posting such amendments and additional terms and conditions on its website and/or by sending notification on your mobile app. You shall be bound by such amendments on the Terms and Conditions of Use 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, you may not assign your rights, duties, benefits, privileges or obligations to any third party under this Terms and Conditions of Use, including the Agreement between you and the Participating Driver, Annex “A” hereof.
C. Entire Agreement – It is the intention of the parties hereto that all the provisions of this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, defines, determines, embodies and represents the entire Agreement between you, We Move Things and the Participating Drivers relating to the subject matter hereof. No representation, promise or inducement has been made by We Move Things that is not embodied in this Terms and Conditions of Use.
D. Governing Law – This Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Philippines.
E. Liquidated Damages – You herein agree and undertake that should you be guilty of breach of any of the provisions of this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, you shall be liable to We Move Things for liquidated damages equivalent to ________________.
F. Manifestation – You herein manifest that you have read and understood this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, and you herein undertake and agree to abide by the same.
G. Non-Circumvention – You undertake that you will not directly or indirectly, contact, deal with or otherwise involved with the Participating Drivers, any entity, by or through other party, its officers, directors, agents or associates, for the purpose of avoiding the payment to We Move Things of profits, fees or otherwise, without the prior written approval of We Move Things.
H. Non-waiver – Failure of We Move Things to exercise and to insist upon a strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any right or remedy that We Move Things may have, nor shall it be construed as a waiver of any subsequent breach or default of the terms, conditions and covenant herein contained, which shall be deemed in full force and effect. No waiver by We Move Things shall be deemed to have been made unless expressed in writing and signed by We Move Things.
I. Promotions – We Move Things reserves the exclusive right to introduce and enforce advertising and sales promotions from time to time.
J. Severability – Should any provision of this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, be declared null, void or unenforceable by any government agency or court of law, this shall not affect the other provisions of this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, which are capable of severance and which will continue unaffected. You herein agree that any provision of this Terms and Conditions of Use 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.
K. Termination – We Move Things may immediately terminate this Terms and Conditions of Use or any Services with respect to you, or generally cease offering or deny access to the Software and the Services or any portion thereof, at any time for any reason.
L. Venue of Action – In the event of any dispute, controversy or claim, breach, termination or invalidity thereof, arising from, or relating to, this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, 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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