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TERMS AND CONDITIONS
- Selah Studio is a company established under the laws of the Republic of the Philippines ("we", "us", or "our").
- The Application is a software application that serves as a means to find motorcycle based services provided by third parties (drivers) ("Service Provider(s)"). The Application offers information on services offered by Service Providers. The types of services that may be requested via the Application are:
- Instant Courier;
- Food Delivery;
- Personal Shopping; and
- Other services that we may add from time to time. ("Services")
- We collect and process your personal information, such as your name, e-mail address, and mobile telephone number when you sign up. You must provide accurate and complete information, keep the information up to date and agree to provide us whatever proof of identity we may reasonably ask for. If any of the personal information that you have provided to us changes, for example, if you change your e-mail address, telephone number, or if you wish to cancel your account, please update your details by sending your request to us. We will, to the best of our abilities, effect such changes as requested within fifteen (15) business days of receipt of the notice of the change.
- You can only use the Application once you have signed up with it. Upon successfully signing up, the Application will provide you with a personal account that can be accessed with a password you choose.
- Only you may use your own account and you undertake not to authorize others to use your identity or account. You may not assign or otherwise transfer your account to any other parties. You must keep your account password and any identification we provide you secure and confidential. In the event a disclosure is made to your passwords, howsoever, which causes any illegitimate or unauthorized uses of your account or identity, orders generated from the illegitimate or unauthorized uses will still be deemed valid orders, unless you notify us on that matter before the Service Providers perform the requested Services.
- You may only have one oneAklan-GO account.
- The information provided by the Application must not be construed as an advice or an offer, the decision to use the Service Provider is entirely yours. You are free to use any other service providers.
- You undertake that you will use the Application only for its intended use to obtain the Service. You may not abuse or use the Application for fraudulent purposes or to cause any inconvenience to others or to make fake bookings.
- If you are also a Service Provider, you may not use your (or other's) customer account to make an order that you will take yourself as a driver.
- You may not harm, tweak or modify the Application and/or Website or attempt to harm, tweak or modify it in any way whatsoever. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application to your device. We reserve the right to prohibit you from further using the Application should you use the Application with an incompatible or unauthorized device or for purposes other than those for which the Application is intended to be used. You undertake that you will only use an access point you are authorized to use.
- You will keep confidential and will not abuse the information you receive from using the Application. You will treat the Service Providers with respect and will not engage in any unlawful, threatening or harassing behavior or activities whilst using their services.
- By providing us information, you represent that you have the right to provide us the information for us to use and share with the Service Providers.
- The Application may not be used to find Services for:
- transporting and/or obtaining and/or purchasing goods prohibited by the authorities or goods that require a certain license or permit from the authority to transport;
- delivering goods from or to prisons;
- purchasing and/or transporting pets or any other animals;
- transporting goods with dimensions of more than 70cm (length), 50cm (width), 50 cm(height) or goods weighing more than 20kg;
- purchasing and/or transporting illegal goods or harmful goods or stolen goods, including but not limited, goods containing hazardous or toxic materials, drugs or illegal substances; and
- purchasing and/or transporting or delivering valuable goods or goods valued above ₱10,000
- The download and/or use of the Application is free of charge. We may introduce fees for the download and/or use of the Application at times. We will inform you accordingly about this for you to decide whether you wish to continue using the Application or not. However, the Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense.
- The rates that apply for the Services by the Service Provider can be found on the Website and through the Application. We may modify or update the rate from time to time. We will help the Service Provider to calculate the fee based on your order and inform you of the fee on behalf of the Service Provider.
- You agree that you will pay for the Services provided to you by the Service Provider in full.
- Payment can be done in cash or by using your oneAklan-GO Credit. All payments in cash must be in Philippine Peso. oneAklan-GO Credit can be obtained by transferring any amount you wish to our BPI Current Account No 1110020267 and also via PayPal transaction.
- oneAklan-GO Credit is not savings and therefore is not covered by the Philippine Deposit Insurance Corporation (PDIC). As oneAklan-GO Credit may be categorized as an e-money under the prevailing laws and regulations, the use of oneAklan-GO Credit shall be subject to the prevailing laws and regulations.
- our maximum amount of oneAklan-GO Credit is ₱10,000 (Ten Thousand Pesos) and your maximum total transaction value in a month is ₱5,000 (Five Thousand Pesos).
- oneAklan-GO Credit is your fund that can only be used for the payment of:
- the Instant Courier and Transportation services provided by the Service Provider; and
- the fee of the Service Provider in the Personal Shopping service.
- the fee of the Service Provider in the Food Delivery service; and
- food and/or goods in the Food Delivery and Personal Shopping services.
- We make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services, Website and/or Application software, including but not limited to the Services obtained by or from Service Providers through the use of the Application. We do not represent or warrant that (a) the use of the Services and/or Application will be secured, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Services 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 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 tracks you or the vehicle used by the Service Provider. 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. You acknowledge and agree that the entire risk arising out of your use of the Service remains solely and absolutely with you and you will have no recourse whatsoever to the company.
- We are not liable for any injury, death, damage or loss caused by the conduct of the Service Providers. We are also not liable for any wrongdoings, including traffic violations, or any criminal actions conducted by the Service Providers during the performance of the Services. The Service Providers are only our working partners, not our employees, agents or representatives.
- However, we do care about the Application users' safety and at our sole and absolute discretion, we are willing to provide financial assistance if a user has an accident, suffers an injury or dies when being transported by a Service Provider. This means that our assistance only applies from the time a user is picked up by a Service Provider until the user reaches his/her destination. Please alert the Service Provider if you feel uncomfortable with the way he/she is providing the transportation service. The amount of the financial assistance will be decided at our sole discretion.
- We employ appropriate and reasonable technical and security measures to keep the Application secure and virus and error free. However, as effective as this technology is, no security system is impenetrable. We therefore cannot guarantee the security of our database nor can we guarantee that the information you provide will not be intercepted while being transmitted to us.
- The Application 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 Service Provider being faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
- Any claims against us by you will in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you when using the Service during the event giving rise to such claims. In no event will we and/or our licensors be liable to you or anyone for costs, interest, damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The company and/or its licensors will 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, including but not limited to loss, damage or injury arising out of, or in any way connected with the Service and/or Application, including but not limited to the use of or inability to use the Service and/or application.
- You expressly waive and release us from any and all liability, claims or damages arising from or in any way related to the Service Providers. The company will not be a party to disputes, negotiations of disputes between you and the Service Providers. Responsibility for the decisions you make regarding the Services found via the Application rests solely with and on you. You expressly waive and release us 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 Service Providers introduced to you by the Application.
- The quality of the Service obtained through the use of the Application is entirely the responsibility of the Service Provider who ultimately provides the Service to you. You understand, therefore, that by using the Application, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
- You will (i) not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) not 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) not send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) not interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) not attempt to gain unauthorized access to the Application or its related systems or networks; (vi) not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and (vii) refrain from engaging in any conduct that could possibly damage our reputation or be considered disreputable.
- oneAklan-GO, including its name and logo, the Application and the Service, is protected by copyright, trademark and other rights provided under the laws of the Republic of the Philippines. We (and our licensors, if applicable) exclusively own all rights, title and interest in and to the Application, including all associated intellectual property rights.
- You may terminate your account by informing us of your intention to cancel your account. We will try to do our best to complete the termination, including the return of your oneAklan-GO Credits (excluding the amount gained from referral or any other promotion) in 15 (fifteen) business days.
- You may terminate your account by informing us of your intention to cancel your account. We will try to do our best to complete the termination, including the return of your oneAklan-GO Credits (excluding the amount gained from referral or any other promotion) in 15 (fifteen) business days.
- If you permanently delete the Application or cease to use the Application permanently, by a notice to us in 14 business days prior to the deletion or termination, the remaining balance of your oneAklan-GO Credit can be withdrawn, but limited to the amount of your e-money and not including the amount which is equal to the value of money. In the event of death, your valid heir(s) by a notice to us in 14 business days after the death, with a valid testament made in accordance to the prevailing laws and regulations or a final and binding court decision, may claim the remaining balance of your oneAklan-GO Credit, but limited to the amount of your e-money and not including the amount which is equal to the value of money.
TERMS AND CONDITIONS FOR ONE AKLAN-GO TASKERS
This Terms and Conditions constitutes a legal agreement between you, (Name of Tasker) (“you”) and Selah Studio (“Company”).
Whereas, Selah Studio enables you to seek, receive and fulfill requests for transportation, food delivery, grocery delivery, errand, massage, or other Services from the oneAklan Go application.
Whereas, you desire to enter into this Agreement for the purpose of accessing and using the services of Selah Studio through the oneAklan Go application.
You acknowledge and agree that the Company is a technology service provider that does not provide transportation, food delivery, grocery delivery, errand, massage and other services.
- Tasker IDs. Selah Studio will issue you a Tasker ID to enable you to access and use the Tasker App on your device in accordance with this Agreement. Company reserves the right to deactivate your Tasker ID if you have not fulfilled a request for Services using the Tasker App at least once a month. You agree that you will maintain your Tasker ID in confidence and not share your Tasker ID with any third party. You will immediately notify Company of any actual or suspected breach or improper use or disclosure of your Tasker ID or the Tasker App.
- Provision of Transportation, Food or Grocery Delivery, Errand, Massage, and Other Services. When the Tasker App is active, user requests for Transportation, food delivery, grocery delivery, errand, massage, or other Services may appear to you via the Tasker App if you are available and in the vicinity of the User. If you accept a User’s request, Selah Studio will provide you with certain User Information via the Tasker App, including the User’s first name and pickup location. You also acknowledge and agree that once you have accepted a User’s request for Transportation, food delivery, grocery delivery, errand, massage, or other Services, the application will provide certain information about you to the User, including your first name, contact information, photo and location, and your Vehicle’s make and license plate number (If you have included it in our file). You shall not contact any Users or use any User’s personal data for any reason other than for the purposes of fulfilling these Services.
- Your Relationship with Users. You acknowledge and agree that your provision of Services to Users creates a direct business relationship between you and the User. The Company is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your Vehicle. You shall have the sole responsibility for any obligations or liabilities to Users that arise from your provision of Services. You acknowledge and agree that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.
- "Service" means transportation services using motorcycles offered by the Service Provider through Applications which may include (i) instant courier services, (ii) transportation, (iii) food delivery and (iv) personal expenditures.
- "Personal Information" means personally identifiable information about you collected through the Application, such as your name, address, date of birth, occupation, telephone number, e-mail address and / or the like, and other information which may be able to identify the specific person currently using the App.
- Your Relationship with Company. You acknowledge and agree that Company’s provision to you of the Tasker App creates a direct business relationship between the Company and you. Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your Vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Tasker App. You retain the option, via the Tasker App, to attempt to accept or to decline or ignore a User’s request for Services.
- Ratings. You acknowledge and agree that: (i) after receiving Services, a User will be prompted by the application to provide a rating of you and optionally, to provide comments or feedback about you and your service; and (ii) after providing Services, you will be prompted by the Tasker App to provide a rating of the User and, optionally, to provide comments or feedback about the User. You shall provide your ratings and feedback in good faith. You acknowledge that the Company desires that Users have access to high-quality services through the application. In order to continue to receive access to the Tasker App, you must maintain an average three-star rating by Users. In the event your average rating falls below this requirement, the company will notify you and may provide you, a limited period of time to raise your rating. Additionally, you acknowledge that your repeated failure to accept User requests for Services while you are logged in to the Tasker App creates a negative experience for the Users. If you do not wish to accept User requests for Services for a period of time, you agree that you will log off of the Tasker App.
- Devices. The Company encourages you to use Your Device in providing Services. Otherwise, the company may also supply mobile phone for use with the app. You agree that: (i) Company Devices may only be used for the purpose of enabling your access to the application; and (ii) Company Devices may not be transferred, loaned, sold or otherwise provided in any manner to any party other than you. Company Devices shall at all times remain the property of Company, and upon termination of this Agreement or your termination or deactivation, you agree to return to Company the applicable Company Devices within ten (10) days. You agree that failure to timely return any Company Devices, or damage to Company Devices outside of “normal wear and tear,” will result in the forfeiture of related deposits. You are also responsible for the cost of data plans used during your access to the application.
- Uniforms. As part of promoting the oneAklan Go brand and for safety purposes, you are required to wear your oneAklan Go uniform (jacket or shirt) when fulfilling requests. For motor rides, you are required to wear your oneAklan Go helmets. As the uniform and helmet are in your possession, you are expected to care for the said properties of the company. You are not allowed to use them for personal use and personal travels. Violation of this policy is considered a breach to this agreement.
- Location Based Services. You acknowledge and agree that your geo-location information must be provided to the in order to provide Services. You acknowledge and agree that: (i) your geo-location information may be obtained by the application while the Tasker App is running; and (ii) the approximate location of your Vehicle will be displayed to the User before and during the provision of Services to such User. In addition, the Company may monitor, track and share the Tasker’s geo-location information obtained by the Tasker App and Device for safety and security purposes.
- Your Requirements. You acknowledge and agree that: (i) at all times, you shall hold and maintain a valid driver's license and all licenses, permits, and approvals applicable to you that are necessary to provide passenger services; (ii) possess the appropriate and current level of training, expertise and experience to provide Services in a professional manner with due skill, care and diligence; and (iii) maintain high standards of professionalism, service and courtesy. You acknowledge and agree that you may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide, Services. You acknowledge and agree that Company reserves the right, at any time in Company’s sole discretion, to deactivate or otherwise restrict you from accessing or using the Tasker App or if you fail to meet the requirements set forth in this Agreement.
- Vehicle Requirements. You acknowledge and agree that your Vehicle shall at all times be: (i) properly registered and licensed to operate as a passenger transportation vehicle; (ii) owned or leased by you, or otherwise in your lawful possession; (iii) suitable for performing the passenger services contemplated by this Agreement; and (iv) maintained in good operating condition, consistent with industry safety and maintenance standards, and in a clean and sanitary condition..
- Documentation. To ensure your compliance with all requirements in Sections a and b above, you must provide Company with written copies of all such licenses, permits, approvals, registrations and certifications prior to your provision of any Services. Thereafter, you must submit to Company written evidence of all such licenses, permits, approvals, registrations and certifications as they are renewed. Company shall, upon request, be entitled to review such licenses, permits, approvals, registrations and certifications from time to time, and your failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. Company reserves the right to independently verify your documentation from time to time in any way Company deems appropriate in its reasonable discretion..
- Fare Calculation and Your Payment. You are entitled to charge a fare for each instance of completed Services provided to a User that are obtained via the application (“Fare”), where such Fare is calculated based upon a base fare amount plus distance (as determined by Company using location-based services enabled through the Device). You acknowledge and agree that the Fare provided under the Fare Calculation is the only payment you will receive in connection with the provision of Services, and that neither the Fare nor the Fare Calculation includes any gratuity.
- Changes to Fare Calculation. Company reserves the right to change the Fare Calculation at any time in Company’s discretion based upon local market factors, and Company will provide you with notice in the event of changes to the base fare, that would result in a change in the recommended Fare. Continued use of the application after any such change in the Fare Calculation shall constitute your consent to such change.
- Service Fee. In consideration of Company’s provision of the Tasker App for your use and benefit hereunder, you agree to pay Company a service fee of 15% on a per Service transaction. This will be deducted to your wallet and you shall reload your wallet for you to continue using the app.
- Cancellation Charges. You acknowledge and agree that Users may elect to cancel requests for Services that have been accepted by you via the Tasker App at any time prior to your arrival. In the event that a User cancels an accepted request for Services, the Company may charge the User a cancellation fee on your behalf. If charged, this cancellation fee shall be deemed the Fare for the cancelled Services for the purpose of remittance to you hereunder (“Cancellation Fee”).
- Receipts. The Company provides you a system for the delivery of receipts to Users for Services rendered. Upon your completion of Services for a User, Company prepares an applicable receipt and issues such receipt to the User via email on your behalf. Such receipts are also provided to you via email or the online portal available to you through the app.
- Taxes. You acknowledge and agree that you are required to: (i) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Services as required by applicable law; and (ii) provide Company with all relevant tax information. You further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of Services.
- License Grant. Subject to the terms and conditions of this Agreement, Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use the oneAklan Go Services solely for the purpose of providing Services to Users and tracking resulting Fares and Fees. All rights not expressly granted to you are reserved by the Company
- Restrictions. You shall not, and shall not allow any other party to license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Tasker App or any Company Device in any way.
- Ownership. The oneAklan-Go Tasker and Company Data, including all intellectual property rights therein, and the Company Devices are and shall remain (as between you and Company) the property of Company. You are not permitted to use or reference in any manner the Company’s name, logos, products and service names, trademarks, service marks, copyrights, for any commercial purposes.
- Confidentiality. Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Company Data, Tasker IDs, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.
- You shall indemnify, defend (at Company’s option) and hold harmless the Company and their respective officers, and employees against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to your breach of your representations, warranties or obligations under this Agreement.
- Term. This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.
- Termination. Either party may terminate this Agreement: (i) without cause at any time upon seven (7) days prior written notice to the other party; (ii) immediately, without notice, for the other party’s material breach of this Agreement; or (iii) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Company may terminate this Agreement or deactivate your Tasker ID immediately, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and policies of the Company to provide Services or to operate the Vehicle, or as otherwise set forth in this Agreement.
- Effect of Termination. Upon termination of the Agreement, you shall: (i) promptly return to Company all Company Devices; and (ii) immediately delete and fully remove the Tasker App from any of Your Devices.
- Modification. In the event the Company modifies the terms and conditions of this Agreement at any time, such modifications shall be binding on you only upon your acceptance of the modified Agreement. You hereby acknowledge and agree that, by using the application, or downloading, installing the oneAklan Go app, you are bound by any future amendments and additions to information or documents incorporated herein.
- Severability. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
By reading this agreement, you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with the Company.