TERMS & CONDITIONS

Terms & Conditions

1) USER'S TERMS AND CONDITIONS

2) PARTICIPATING DRIVER'S TERMS AND CONDITIONS

3) SPECIAL CONTRACT OF PRIVATE CARRIAGE OF GOODS BETWEEN USER AND PARTICIPATING DRIVER

1) Terms and Conditions for USERS

Introduction

A.1. Kindly read the following Terms and Conditions carefully.

The Terms and Conditions herein provided will automatically apply to the User (as defined below) the moment he/she utilizes the Private Delivery Service (as defined below) provided by Ur Transporter (as defined below). The User hereby agree that he/she have read, understood, and accepted the terms used in these Terms and Conditions which are relatively applicable to him/her, including any supplementary terms and conditions and any policies that may be provided herein.

These Terms and Conditions will serve as a legally binding agreement (“Agreement”) between the User, Participating Driver (as defined below), and Ur Transporter. The Agreement applies to User’s use of the Private Delivery Service provided by Ur Transporter. If the User does not agree to the Terms and Conditions, he/she must refrain from using or must discontinue using the Application Software (as defined below) or the Private Delivery Service.

Definition of Terms Used

B.1. Ur Transporter refers to Your All Around Pick Up and Delivery Service Provider Philippines, Inc., it is a corporation duly created under the existing Philippine laws. It is located at Room 15, 2nd Floor, Tolentino 2020 Building, Ecoland, Davao City, Philippines. Primarily, it is an online technology platform or hub for logistics solution based in Davao City, Philippines. Through Ur Transporter, the User will be linked to a Participating Driver that will carry or deliver the User’s Goods. Ur Transporter acts only as a bridge between the User and the Participating Driver for a Private Delivery Service to be performed.

B.2. User refers to (a) a natural person who have reached 18 years of age and (b) a corporate legal entity, e.g company. This refers to a person who engages the services of Ur Transporter on any device and submits an Order through the Application Software for Private Delivery Service to be done. Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms and Conditions shall agree to take responsibility for their actions. If such Users do not have consent from their parent(s) or legal guardian(s), they must stop using Ur Transporter.

B.3. Participating Driver refers to a licensed driver (except for those drivers who are using bicycles to deliver Goods), who is not registered as a common carrier and who has been acknowledged by Ur Transporter as part of a group of drivers who undertakes the performance the Private Delivery Service at his/her own time and discretion. A Participating Driver may use any of the following vehicles to carry out the Private Delivery Service or it may also depend on the type of delivery the User requires, whichever is feasible: (1) Bicycle; (2) Motorcycle; (3) Cars (Sedan, SUV, MPV); (4) Multicab with or without canopy, Jeepney, Minivan; (5) Pickup Truck; (6) Van; (7) Light Truck (L200, L300); (8) Big Truck; and (9) Other types of vehicle which do not fall under the categories mentioned above but are also able to deliver goods.

B.4. Private Delivery Services refers the services provided by a Participating Driver for the account of a User.

B.5. Services refers to the pickup, transportation, and delivery of the User’s Goods from one to another locations in Davao City, Philippines using a reserved vehicle.

B.6. Order refers to the request made by the User for his/her Goods to be picked up, transported, and delivered to a specific location.

B.7. Goods refers to all packages, parcels, delivery items or any part of the articles therein or contents thereof. All things are considered moveable and are transported under a single Order.

B.8. Application Software refers to the application which is supplied and made available for download and installation by Ur Transporter.

B.9. Contract refers to the agreement entered into by the User and the Participating Driver after the latter receives and accepts the Order made by the former through the Application Software. This is a special contract of private carriage as provided under the laws in the Philippines.

B.10. Privacy Policy refers to a statement or legal document provided for the processing of the personal information of the User.

B.11. User Wallet refers to money deposited by the User with Ur Transporter, from which the payment of fees and charges shall be deducted.

Payments, Rates, Fees, and Charges

C.1. The User is required to make full payment for all services offered in the Application Software by the method of payment chosen at the time of Order until its completion.

C.2. A Basic Delivery Fee will be imposed on the User whereby such will be in accordance with the customary “Ur Transporter Rates” at the time of the acceptance of Order by the Participating Driver.

C.3. Current and updated amount of charges are accessible through the “Ur Transporter Rates” portion of the Ur Transporter website or through the Application Software.

C.4. The weight, size, and quantity of the User’s Goods, the vehicle used, and any other services afforded by the User are the determining factors of the fees and charges that he/she will be asked to pay. An adjustment of the rates as well as additional charges shall likewise apply if the weight, size, or quantity of the Goods declared by the User are different from the actual weight, size, or quantity thereof.

C.5. Incidental and related expenses for the fulfillment of the delivery of Goods shall be exclusively borne by the User and shall not be included in the Basic Delivery Fee. Provided, that such expenses are necessary to effect delivery to the User or the recipient of Goods.

C.6. The User is allowed to cancel the Order based on acceptable cancellation reasons as shown in the Application Software.

C.7. The User is not allowed to cancel the Order when the Participating Driver has already accepted the Order and has departed to pick up, transport, or deliver the Goods.

C.8. In the event that the User cancels the Order or does not show up at the specified location, he/she may be charged a Cancellation Fee.

C.9. For Users availing of payment using the User Wallet option, the final adjusted rates and additional charges shall be deducted from the User’s Wallet. Of the total fees and charges to be deducted from the User Wallet as a result of a completed delivery of Goods, eighty percent (80%) shall be paid to the Participating Driver, while twenty percent (20%) shall be received by Ur Transporter for its own behalf. If an Order is cancelled within sixty (60) minutes before the start of the Order pickup time, Ur Transporter will automatically undo the transaction for debiting of funds from the User’s Wallet.

C.10. Taking into account the Services the User will avail through Ur Transporter, the latter shall be entitled to a percentage in the total fees and charges due for an Order.

Intellectual Property and Prohibited Acts on the Application Software

D.1 The User is allowed to install a copy of the Application Software on User’s mobile device provided that User shall not use the Application Software or the Services for any commercial purposes. Such installation will be free of charge.

D.2. The Ur Transporter has the exclusive rights over the name, logos, trademarks, and images that are made available on the website. It also has the sole right over the Application Software and that Users are only permitted to use the Application Software in the availment of the Services provided therein.

D.3. In no way shall the User duplicate, upload, republish, transmit, distribute, or modify anything that is related to the Ur Transporter without obtaining an express consent from the said company.

D.4. Since use of the Application Software by the User is only limited to the availment of the Services offered, the act of renting, leasing, sublicensing, distributing or transferring copies of the Application Software or the license for the use of the Application Software to any third parties other than authorized parties shall be prohibited.

D.5. The User shall not cause the interruption of the normal operation of the Application Software by sending or uploading any type of computer viruses or malicious codes.

User’s Order

E.1. The Ur Transporter is an online logistics company that will facilitate the performance of the Contract between the User and the Participating Driver.

E.2. The Ur Transporter will provide a platform for the User where Services will be made available as well the prevailing Rates.

E.3. The Ur Transporter will compute and determine the fees and charges imposable to the User based on particulars provided in the Order.

E.4. The Ur Transporter will communicate the particulars of the Order to an acknowledged Participating Driver for its fulfillment.

E.5. The Ur Transporter will notify the User that his/her order has been accepted and will give him/her the details of the Participating Driver who undertook the performance of the Services needed.

E.6. The Ur Transporter shall facilitate the deduction of payment from the User Wallet should the User wishes to pay through the User Wallet method and shall duly notify the User of such transaction by providing the receipt of payment.

Representations, Warrants, and Undertakings

F.1. Only those who are legally capacitated to enter into a Contract under the laws of the Philippines can use the Application Software. In the event that an incapacitated User has availed the Services, Section B, Paragraph B.2 shall apply.

F.2. The availment of the Services listed in the Application Software is subject to the terms and conditions provided herein as well as other terms and policies attached.

F.3. Disclosure of the complete and correct information during the submission of the Order is required. The User shall provide for the description of the Goods to be delivered or transported, the type of vehicle he/she wishes to avail, any additional services, and the fragility of the Goods.

F.4. Failure to disclose any crucial information (e.g. fragile items) that might lead to the damage of Goods and can be prevented had it been the User disclosed such information during the submission of the Order shall be taken against the User.

F.5. Only those who are owner or authorized agent of the owner can claim ownership over the Goods once it is delivered or transported.

F.6. It shall be the primary responsibility of the User to protect his/her username, email, and password used to log in to Ur Transporter Application Software. Disclosure of such information to other persons that are not party to the Contract is discouraged.

F.7. The User warrants that the Goods he/she wishes to be delivered or transported contains no hazardous materials, prohibited and/or restricted items, harmful substances, and anything that might endanger the life of the Participating Driver as well as those who might be in contact with the Goods. In such case that an item prohibited by Philippine Law is delivered through the use of Ur Transporter, the company holds the right to report the User to the police and for the item to be confiscated.

F.8. In any case the User causes the delivery of anything prohibited by Philippine laws, only the User shall be liable for any legal action resulting to these.

F.9. Any violations of these terms and conditions shall be taken against the User and he/she shall be responsible for the payment of liability, damage or loss incurred by the Participating Driver, Ur Transporter or any third party as a result of such violation. Hence, Ur Transporter shall not be held accountable for the breach of the User’s obligations or his/her Contract with the Participating Driver.

F.10. Should the User wish to demand the amount of money left on his/her User Wallet, he/she may do so right after deducting any incurred balance for availing the Services.

F.11. The User acknowledges that, in the event the Goods is not accepted by the designated recipient, Ur Transporter shall return the same to the User within the same day. If the User fails to provide a Philippine address for the return of the said Goods or fails to accept the return of the same, Ur Transporter shall not be held liable for the said Goods and may dispose the Goods within one (1) calendar day if the Goods is perishable or ten (10) calendar days if non-perishable from the date when Ur Transporter attempts to return to the User the Goods and in any manner as Ur Transporter may deem fit. In addition, Ur Transporter shall have the right, but not the obligation, to open and inspect the Goods during the said period before disposal. All expenses for the return of the Goods to the User shall be shouldered by the User. Upon the lapse of the said period, the User shall be deemed to have forfeited and/or waived all rights to such Goods, as well as any and all claims that it may have against Ur Transporter as a result of the return of the Goods.

Disclaimer of Liabilities, Warranties, Representations and Responsibilities

G.1. The User acknowledges that Ur Transporter: merely acts as a bridge between him/her and the Participating Driver; is not the agent, principal, partner or employer of Participating Drivers or Users; is an online technology platform or hub for logistics solution; does not engage in the business of a common or private carrier or a public utility; does not provide delivery or transportation services; and does not perform, manage, supervise or control the Private Carrier Services which are completely, exclusively and independently performed by the Participating Driver.

G.2. The User acknowledges that Ur Transporter makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services and Application Software, Application or Platform.

G.3. The User shall not hold Ur Transporter liable for any damages or costs incurred during the availment of the Services and the installation and use of the Application Software, even though the likelihood of losses is communicated to the company or its representative. The User shall agree to bear all risk arising to the use of the Application Software.

G.4. The Contract between the User and the Participating Driver shall in no way apply to Ur Transporter. In case of breach of contract resulting to injury, loss and/or damages, the User shall have no recourse to the company.

Data Privacy and Personal data Protection

H.1. Ur Transporter collects and processes the User’s personal data in accordance with its Privacy Policy. The Privacy Policy applies to all the Services offered in the Application Software.

H.2. The User agrees that Ur Transporter will collect, use, process, and disclose personal data as further described in Privacy Policy.

H.3. The User understands that Ur Transporter may disclose personal data of other individuals to them in the course of the use of the Application Software. User shall warrant that he/she will only use such personal data for the purpose for which it was disclosed by Ur Transporter, and not for any other illegal and unauthorized purposes.

H.4. Any misuse of the disclosed personal data caused by the User shall not be construed against Ur Transporter.

Confidentiality

I.1. The User shall keep in strictest confidence all information and data relating to Ur Transporter, its services, business affairs, marketing strategies or other operations which may be disclosed purposely or accidentally to him/her by or on behalf of Ur Transporter.

I.2. The User shall ensure that he/she would only use such confidential information in order to access the Application Software and shall not disclose such information to any third party nor use it for any other purpose without Ur Transporter’s prior written consent.

Non-compliance to the Terms and Conditions

J.1. The User agrees that he/she shall comply to the terms and conditions of the Agreement and Contract and in no way indirectly or directly contact the Participating Driver in order to avoid the payments due to Ur Transporter without obtaining written and specific consent from the said company.

Amendments

K.1. The User agrees that Ur Transporter may amend these Terms and Conditions at any time without the need of notifying him/her.

K.2. Any amendment shall be effective immediately upon posting and that the continued usage of the Application Software shall mean that the User agrees to the new Terms and Conditions.

Entire Agreement

L.1. It is the responsibility of the User to read and understood these Terms and Conditions in its entirety.

L.2. These Terms and Conditions shall comprise the entire agreement between the User and Ur Transporter in relation to the matters stated herein and supersedes any prior discussions.

Separability Clause

M.1. If for any reason, any part of these Terms and Conditions shall be held invalid by a law or any court having competent jurisdiction, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and enforceable.

No Waiver

N.1. The failure to enforce any right or provision by Ur Transporter shall not constitute a waiver of such right or provision.

Assignment

O.1. Rights and obligations of the User under these Terms and Conditions shall not be assigned to another person without first obtaining approval from Ur Transporter. On the contrary, the assignment of rights and obligations of Ur Transporter may be assigned to third parties without prior notification to the User.

Governing Law

P.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Philippines.

Venue of Action

Q.1. All court action arising from this Agreement shall be brought in the proper courts of Davao City to the exclusion of all other courts.

2) Terms and Conditions for PARTICIPATING DRIVERS

Introduction

A.1. Kindly read the following Terms and Conditions carefully. The Terms and Conditions herein provided will automatically apply to the Participating Driver (as defined below) the moment he/she performs the Private Delivery Service (as defined below) provided by Ur Transporter (as defined below).

The Participating Driver hereby agrees that he/she have read, understood, and accepted the terms used in these Terms and Conditions which are relatively applicable to him/her, including any supplementary terms and conditions and any policies provided herein. These Terms and Conditions will serve as a legally binding agreement (“Agreement”) between the Participating Driver, User (as defined below), and Ur Transporter. The Agreement applies to Participating Driver’s performance of the Private Delivery Service provided by Ur Transporter. If the Participating Driver does not agree to the Terms and Conditions, he/she must refrain from using or must discontinue using the Application Software (as defined below) or performing the Private Delivery Service.

Definition of Terms Used

B.1. Ur Transporter refers to Your All Around Pick Up and Delivery Service Provider Philippines, Inc., a corporation duly created under the existing Philippine laws. It is located at Room 15, 2nd Floor, Tolentino 2020 Building, Ecoland, Davao City, Philippines. Primarily, it is an online technology platform or hub for logistics solution based in Davao City, Philippines. Through Ur Transporter, the User will be linked to a Participating Driver that will carry or deliver the User’s Goods. Ur Transporter acts only as a bridge between the User and the Participating Driver for a Private Delivery Service to be performed.

B.2. Participating Driver refers to a licensed driver (except for those drivers who are using bicycles to deliver Goods), who is not registered as a common carrier and who has been acknowledged by Ur Transporter as part of a group of drivers who undertakes the performance the Private Delivery Service at his/her own time and discretion. A Participating Driver may use any of the following vehicles to carry out the Private Delivery Service or it may also depend on the type of delivery the User requires, whichever is feasible: (1) Bicycle; (2) Motorcycle; (3) Cars (Sedan, SUV, MPV); (4) Multicab with or without canopy, Jeepney, Minivan; (5) Pickup Truck; (6) Van; (7) Light Truck (L200, L300); (8) Big Truck; and (9) Other types of vehicle which do not fall under the categories mentioned above but are also able to deliver goods.

B.3. User refers to (a) a natural person who have reached 18 years of age and (b) a corporate legal entity, e.g company. This refers to a person who engages the services of Ur Transporter on any device and submits an Order through the Application Software for Private Delivery Service to be done. Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms and Conditions shall agree to take responsibility for their actions. If such Users do not have consent from their parent(s) or legal guardian(s), they must stop using Ur Transporter.

B.4. Private Delivery Services refers the services provided by a Participating Driver for the account of a User.

B.5. Services refers to the pickup, transportation, and delivery of the User’s Goods from one to another locations in Davao City, Philippines using a reserved vehicle.

B.6. Order refers to the request made by the User for his/her Goods to be picked up, transported, and delivered to a specific location.

B.7. Goods refers to all packages, parcels, delivery items or any part of the articles therein or contents thereof. All things are considered moveable and are transported under a single Order.

B.8. Application Software refers to the application which is supplied and made available for download and installation by Ur Transporter.

B.10. Driver Account refers to the money deposited made by the Participating Driver with Ur Transport, which shall be credited for Participating Driver’s share in the fees and charges for an Order paid using the User Wallet, and shall be debited for the share of Ur Transporter in the fees and charges for an Order paid in cash and/or penalties and fines due from the Participating Driver.

B.11. User Wallet refers to money deposited by the User with Ur Transporter, from which the payment of fees and charges shall be deducted. B.12. Privacy Policy refers to a statement or legal document provided for the processing of the personal information of the User.

Application, Submission of Data, and Conduct of Participating Drivers

C.1. Ur Transporter shall have the power to impose requirements that are necessary for the screening of the applicant Participating Drivers and for them to be allowed to use the Application Software.

C.2. Ur Transporter must only receive true and correct personal information and data from the Participating Drivers. All documents that must be submitted by the latter shall be authentic. Submission of wrong and false personal information or documents shall be grounds for denial of application or disallowance of the use of Application Software as a Participating Driver.

C.3. Violations committed by the Participating Driver shall be a basis for the imposition of reasonable penalties and/or fines.

C.4. Determination of whether or not a Participating Driver has committed a violation or a breach shall rest with the Ur Transporter exclusively.

Payments, Rates, Fees, and Charges

D.1. The User is required to make full payment for all services offered in the Application Software by the method of payment chosen at the time of Order until its completion.

D.2. For cash transactions, the Participating Driver cannot charge fees in excess of the rates and approved additional charges. The share of Ur Transporter in the fees and charges for an Order paid in cash shall be deducted from the balance of the Driver Account of a Participating Driver.

D.3. A Basic Delivery Fee will be imposed on the User whereby such will be in accordance with the customary “Ur Transporter Rates” at the time of the acceptance of Order by the Participating Driver.

D.4. Current and updated amount of charges are accessible through the “Ur Transporter Rates” portion of the Ur Transporter website or through the Application Software.

D.5. The weight, size, and quantity of the User’s Goods, the vehicle used, and any other services afforded by the User are the determining factors of the fees and charges that he/she will be asked to pay. An adjustment of the rates as well as additional charges shall likewise apply if the weight, size, or quantity of the Goods declared by the User are different from the actual weight, size, or quantity thereof.

D.6. Incidental and related expenses for the fulfilment of the delivery of Goods shall be exclusively borne by the User and shall not be included in the Basic Delivery Fee. Provided, that such expenses are necessary to effect delivery to the User or the recipient of Goods.

D.7. The User is allowed to cancel the Order based on acceptable cancellation reasons as shown in the Application Software.

D.8. The User is not allowed to cancel the Order when the Participating Driver has already accepted the Order and has departed to pick up, transport, or deliver the Goods.

D.9. In the event that the User cancels the Order or does not show up at the specified location, he/she may be charged a Cancellation Fee.

D.10. For Users availing of payment using the User Wallet option, the final adjusted rates and additional charges shall be deducted from the User’s Wallet. Of the total fees and charges to be deducted from the User Wallet as a result of a completed delivery of Goods, eighty percent (80%) shall be paid to the Participating Driver, while twenty percent (20%) shall be received by Ur Transporter on its own behalf. If an Order is cancelled within sixty (60) minutes before the start of the Order pickup time, Ur Transporter will automatically undo the transaction for debiting of funds from the User’s Wallet.

D.11. Taking into account the Services the User will avail through Ur Transporter, the latter shall be entitled to a percentage in the total fees and charges due for an Order.

Intellectual Property and Prohibited Acts on the Application Software

E.1 The Participating Driver is allowed to install a copy of the Application Software on his/her mobile device provided that he/she shall not use the Application Software or the Services for any commercial purposes. Such installation will be free of charge.

E.2. The Ur Transporter has the exclusive rights over the name, logos, trademarks, and images that are made available on the website. It also has the sole right over the Application Software and that Participating Drivers are only permitted to use the Application Software in carrying out the Private Delivery Services provided therein.

E.3. In no way shall the Participating Driver duplicate, upload, republish, transmit, distribute, or modify anything that is related to the Ur Transporter without obtaining an express consent from the said company.

E.4. Since use of the Application Software by the Participating Driver is only limited to performance of the Private Delivery Service, the act of renting, leasing, sublicensing, distributing or transferring copies of the Application Software or the license for the use of the Application Software to any third parties other than authorized parties shall be prohibited.

E.5. The Participating Driver shall not cause the interruption of the normal operation of the Application Software by sending or uploading any type of computer viruses or malicious codes.

Representations, Warrants, and Undertakings

F.1. The Participating Driver warrants that he/she is a duly licensed driver in accordance with the Philippine laws (except for those drivers who are using bicycles to deliver Goods), who is not registered as a common carrier and who has been acknowledged by Ur Transporter as part of a group of drivers who undertakes the performance the Private Delivery Service at his/her own time and discretion.

F.2. The Participating Driver conclusively agrees that the Private Delivery Services which it shall provide to the User shall be subject to the terms and conditions herein provided.

F.3 The Participating Driver undertakes that he will truthfully fulfill his duties and obligations and warrants that all his representations and warranties provided are true and correct.

F.4 The Participating Driver undertakes that he/she has read and understood the rules and regulations of Participating Drivers.

F.5. The Participating Driver agrees that he/she may be penalized for his violation of the rules and regulations and may be banned from using the Application Software.

F.6. The Participating Driver warrants the authenticity and due execution of the documents he/she submitted to Ur Transporter.

F.7. The Participating declares that he is not an employee, representative, principal, agent or officer of Ur Transporter.

F.8. The Participating Driver shall not hold Ur Transporter legally liable to the User or any third party as a result of his/her own violations and breach of representations, warrants, and undertakings.

F.9. It shall be the obligation of the Participating Driver to return in good condition such company property of Ur Transporter within five (5) calendar days from being removed from pool of Participating Drivers. Absence of demand of return shall not be construed as leaving the company property in the hands of the Participating Driver. Participating Driver expressly agrees that his failure to return company property of Ur Transporter within the given time period shall result in liability of the Participating Driver for the payment of damages and/or penalty in the fixed amount of PhP50,000.00 without need for prior demand and/or judicial determination of liability. Participating Driver acknowledges that, in the event that the Participating Driver fails or refuses to pay the amount, for any reason whatsoever, Ur Transporter shall be entitled to satisfy the liability from Participating Driver’s personal property. Notwithstanding the foregoing, Ur Transporter does not waive its right to institute any civil or criminal case against Participating Driver for his failure to surrender the company property of Ur Transporter.

Disclaimer of Liabilities, Warranties, Representations and Responsibilities

G.1. The Participating Driver acknowledges that Ur Transporter: merely acts as a bridge between the User and the Participating Driver; is not the agent, principal, partner or employer of Participating Drivers or Users; is an online technology platform or hub for logistics solution; does not engage in the business of a common or private carrier or a public utility; does not provide delivery or transportation services; and does not perform, manage, supervise or control the Private Carrier Services which are completely, exclusively and independently performed by the Participating Driver.

G.2. The Participating Driver acknowledges that Ur Transporter makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services and Application Software.

G.3. The Participating Driver shall not hold Ur Transporter liable for any damages or costs incurred during the installation and use of the Application Software, even though the likelihood of losses is communicated to the company or its representative. The Participating Driver shall agree to bear all risk arising to the use of the Application Software.

Data Privacy and Personal Data Protection

H.1. Ur Transporter collects and processes the Participating Driver’s personal data in accordance with its Privacy Policy. The Privacy Policy applies to all the Services offered in the Application Software.

H.2. The Participating Driver agrees that Ur Transporter will collect, use, process, and disclose personal data as further described in Privacy Policy.

H.3. The Participating Driver understands that Ur Transporter may disclose personal data of other individuals to him/her in the course of the use of the Application Software. Participating Driver shall warrant that he/she will only use such personal data for the purpose for which it was disclosed by Ur Transporter, and not for any other illegal and unauthorized purposes.

H.4. Any misuse of the disclosed personal data caused by the Participating Driver shall not be construed against Ur Transporter.

Confidentiality

I.1. The Participating Driver shall keep in strictest confidence all information and data relating to Ur Transporter, its services, business affairs, marketing strategies or other operations which may be disclosed purposely or accidentally to them by or on behalf of Ur Transporter.

I.2. The Participating Driver shall ensure that he/she would only use such confidential information in order to use the Application Service and shall not disclose such information to any third party nor use it for any other purpose without Ur Transporter’s prior written consent.

Non-compliance to the Terms and Conditions

J.1. The Participating Driver agrees that he/she shall comply to the terms and conditions of the Contract.

Amendments

K.1. The Participating Driver agrees that Ur Transporter may amend these Terms and Conditions at any time without the need of notifying him/her.

K.2. Any amendment shall be effective immediately upon posting and that the continued usage of the Application Software shall mean that the Participating Driver agrees to the new Terms and Conditions.

Entire Agreement

L.1. It is the responsibility of the Participating Driver to read and understood these Terms and Conditions in its entirety.

L.2. These Terms and Conditions shall comprise the entire agreement between the Participating Driver and Ur Transporter in relation to the matters stated herein and supersedes any prior discussions.

Separability Clause

N.1. The failure to enforce any right or provision by Ur Transporter shall not constitute a waiver of such right or provision.

Assignment

O.1. Rights and obligations of the Participating Driver under these Terms and Conditions shall not be assigned to another person without first obtaining approval from Ur Transporter. On the contrary, the assignment of rights and obligations of Ur Transporter may be assigned to third parties without prior notification to the Participating Driver.

Governing Law

P.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Philippines.

Venue of Action

Q.1. All court action arising from this contract shall be brought in the proper courts of Davao City to the exclusion of all other courts.

3.) Terms and Conditions of the Special Contract of Private Carriage of Goods Between User and Participating Driver

The User and Participating Driver hereby agree that upon the submission of User’s Order through the Application Software, the acceptance and determination rendered by Ur Transporter in relation to the applicable fees and charges, and the acceptance of the Order for the fulfilment of the Private Delivery Service, they are bound by this Special Contract of Private Carriage of Goods.

Applicability of the Terms and Conditions for Users and Participating Drivers

A.1. Terms used herein shall bear the same meaning provided under the Terms and Conditions for Users and Participating Drivers.

A.2. The Terms and Conditions for Users and Participating Drivers shall govern the provisions of this Contract.

A.3. All doubts and conflicts that may arise between the Terms and Conditions for Users and Participating Drivers and this Special Contract of Private Carriage of Goods shall be construed in favor of the former.

Special Contract of Private Goods: Between Users and Participating Drivers

B.1. This Contract will bind the User and Participating upon the happening of the following: Submission of Order made by the User; Determination of applicable fees and charges rendered by Ur Transporter; and Acceptance of the User’s Order by the Participating Driver.

B.2. The Participating Driver shall perform the Private Delivery Services in accordance with the terms indicated by the User in his/her Order.

B.3. The User shall pay the Participating Driver according to the agreed mode of payment selected through the Application Software upon submission of the Order.

B.4 No fees shall be charged against the User if he/she opts to cancel the Order; Provided, that the cancellation is made within sixty (60) minutes before the Order gets pickup for delivery. In the event that the cancellation was made after the Order pickup time has started, User shall be charged with the Basic Delivery Fee.

B.5. Both User and Participating Driver shall understand that this Contract only covers the delivery of goods and not persons. Accompanying persons may be allowed when the Participating Driver cannot perform the Service himself/herself or upon the User’s request. However, any liability arising from such act shall make the User liable.

Users: Duties, Undertakings, and Warranties

C.1. The User warrants that he/she has the legal capacity to enter into this Contract under the applicable laws of the Philippines.

C.2. The User conclusively agrees that the Private Carrier Services to be provided by the Participating Driver shall be subject to this Contract.

C.3. The User acknowledges and agrees that the Participating Driver is a private carrier, and is not a public utility or a common carrier and thus, the rules pertaining to public utilities or common carriers shall have no application to this Contract.

C.4. The User warrants that he/she has provided complete and accurate information in submitting the Order, such as the description of the items included in the Goods, choice of delivery vehicle type, add-on services availed, and handling instructions of the Goods, if any, through the Application Software, and agrees that the Participating Driver may rely upon the information provided by the User as true and correct without conducting an independent verification of the same.

C.5. The User warrants to the Participating Driver that he/she is either the owner or the authorized agent of the owner of the Goods, and that he/she is authorized to enter into this Contract not only for himself/herself but also as an agent or representative for and on behalf of the owner of the Goods.

C.6. The User warrants that the Goods he/she wishes to be delivered or transported contains no hazardous materials, prohibited and/or restricted items, harmful substances, and anything that might endanger the life of the Participating Driver as well as those who might be in contact with the Goods. In such case that an item prohibited by Philippine Law is delivered through the use of Ur Transporter, the company holds the right to report the User to the police and for the item to be confiscated.

C.7. The User bears complete responsibility to ensure that the Goods is adequately packed to protect against damage in the course of delivery.

C.8. The User agrees that Participating Driver is not obliged to open and inspect the Goods, and that Participating Driver shall bear no responsibility or any legal liability resulting from the transportation of the Goods.

C.9. The User is liable for any loss or damage suffered by the Participating Driver or any third party as a result of User’s violations or breach of this Contract.

C.10. The User agrees and undertakes to indemnify the Participating Driver against any assessments, liabilities, claims, suits, demands, damages, judgments, fees, costs, fines, penalties, interests and expenses of any nature whatsoever that the Participating Driver may suffer arising out of or in connection with the transportation of accompanying persons requested by the User himself/herself in relation to the delivery of Goods. Participating Drivers: Obligations and Responsibilities

D.1. The Participating Driver warrants that he/she is a duly licensed driver in accordance with the Philippine laws, and that he/she is the registered owner or the authorized driver of the vehicle to be used in the performance of the Private Delivery Services.

D.2. The Participating Drivers obliges himself to personally perform the Private Delivery Service under this Contract.

D.3 The Participating Driver undertakes that he/she has read and understood the rules and regulations of Participating Drivers.

D.4. The Participating Driver assures the User that he/she has the capacity to perform the Service the latter requested in the Order.

D.5. The Participating Driver may provide any additional workforce whenever there is a need to or upon the request of the User, and shall exercise direct supervision and control over the acts and services performed by the additional personnel provided by him.

D.6. The Participating Driver shall provide due compensation to the additional personnel which he contracts to provide assistance to him in fulfilling the Order, and shall comply with all applicable laws in dealing with his assistants.

D.7. The Participating Driver agrees that he may be reported by the User to Ur Transporter for any violation of this Contract. Impositions of penalties and fines may be made if the Participating Driver is found to have committed the acts complained of.

D.8. The Participating Driver warrants that he is not engaged in the business of a public utility or a common carrier, and that he is not an employee, representative, agent, principal or officer of Ur Transporter.

D.9. The Participating Driver shall refuse any Goods that appear to be prohibited by law, dangerous or hazardous materials or substances, and radioactive material, or which may be harmful to the Participating Driver or the delivery vehicle. Such refusal shall not be held against him/her.

D.10. The Participating Driver shall exercise the diligence of a good father of the family to transmit the Goods.

D.11. The Participating Driver shall be responsible in delivering the Goods according to the instructions of the User and the estimated time of arrival.

D.12. Participating Drivers shall only be liable for damages caused by his/her own gross negligence or fault. Damages arising from contracts or torts shall not held him/her liable unless the happening of the abovementioned faults.

D.13. The Participating Driver shall not be liable for any loss or damage caused by the User’s violations of warranties and obligations as stated in the User’s Terms and Conditions or in this Contract.

D.14. The Participating Driver shall not be liable for any delay in delivery of the Goods, loss or damage due to force majeure, or any acts or omissions of any party other than the Participating Driver or his agents/assistants.

Participating Driver’s Limited Liability

E.1. The liability of the Participating Driver to the User for loss or destruction of the Goods shall be limited to One Thousand Pesos (PHP 1,000) only.

E.2. The User shall bear the risk of loss if he avails of the Private Carrier Services for Goods with amount exceeding the abovementioned amount.

E.3. Claims for any loss or destruction of the Goods must be submitted by the User to the Participating Driver within a period of ten (10) calendar days from the date when the Goods was placed in the possession of the Participating Driver for purposes of delivery. Claims submitted by the User beyond the 10-day period shall be deemed waived.

Non-compliance to the Contract

F.1. The User and Participating Driver agree that they shall comply to the terms and conditions of this Contract. Entire Agreement

G.1. Both the User and Participating Driver hereby agree that they read and understood this Contract, and agreed to be bound by its terms and further agree that this Contract, together with the terms of the relevant Order.

G.2. No representation, promise or inducement has been made by either party that is not embodied in this Contract, and neither party shall be bound by or liable for any alleged representation, promise or inducement not otherwise contained in this Contract.

Governing Law

H.1. This Contract shall be governed by and construed in accordance with the laws of Philippines.

Venue of Action

I.1. All court action arising from this Agreement shall be brought in the proper courts of Davao City to the exclusion of all other courts.

Separability Clause

J.1. If for any reason, any part of this Contract shall be held invalid by a law or any court having competent jurisdiction, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and enforceable.