TERMS & CONDITIONS
TERMS OF SERVICE
Section A - General Terms
1. Introduction
1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Move It Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Move It (as defined below). The Agreement applies to your use of the Service provided by Move It. If you do not agree to the Terms of Service, please do not use or continue using the Platform (as defined) or the Service.
1.2. Move It may amend the terms in the Agreement at any time without prior notice. Such amendments shall be effective once they are posted at https://moveit.com.ph/terms-and-conditions/ or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3. MOVE IT IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO OBTAIN OR PROCURE GOODS AND SERVICES. DEPENDING ON THE GOODS OR SERVICES IN QUESTION, THE GOODS OR SERVICES MAY BE SUPPLIED BY MOVE IT OR A PARTNER. WHERE THE GOODS OR SERVICES ARE PROVIDED BY A PARTNER, MOVE IT’S ROLE IS MERELY TO LINK THE CONSUMER WITH SUCH PARTNERS. MOVE IT IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNER. PARTNERS SHALL BEAR ALL LIABILITY IN RELATION TO SUCH SERVICES. PARTNERS ARE NOT, AND SHALL NOT HOLD THEMSELVES TO BE AN AGENT, EMPLOYEE OR STAFF OF MOVE IT AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY MOVE IT.
2. Definitions
In these Terms of Service, the following words shall have the meanings ascribed below:
2.1. “Application” means the relevant mobile application(s) made available for download by MOVE IT (or its licensors) to Consumers and Partners respectively;
2.2. “Consumer” or “User” means any end-user who accesses or uses the Platform to search and obtain the Solutions;
2.3 “Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;
2.4. “MOVE IT”/ “we” means:
2.4.1. We-Load Transcargo Corporation in relation to MOVE IT 2W Mototaxi and other services;
2.5. “MOVE IT Policies” means the following:
2.5.1. the Privacy Notice;
2.5.2. the Move It Driver / Delivery Partner Guidelines or the Move It Consumers and Merchant Code of Conduct, as may be applicable; and
2.5.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;
2.6. “Partner” means the independent third parties, and not employees of Move It, who provide the relevant Solutions to Consumers through the Service, including (a) driver-partners, delivery-partners, and (b) any other relevant goods and services providers;
2.7. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.8. “Platform” means the Application, Software and any other platform, portal or website which Move It owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;
2.9. “Platform Content” means any content as made available on the Platform or any part thereof;
2.10. “Privacy Notice” means our privacy notice accessible at: https://moveit.com.ph/privacy-notice/ as amended from time to time;
2.11. “Rectification Measure” has the meaning ascribed to it in Clause 28.2 of Section A;
2.12. “Service” means the linking of Consumers to Partners, or Other Consumers to facilitate the Solutions;
2.13. “Software” means any software associated with the Application, Service and/or other Consumers which is made available by MOVE IT;
2.14. “Solutions” means the transportation, logistics, and/or other products and services which are made available to Consumers through the following offerings:
2.14.1. Move It Mototaxi;
2.14.2. Move It Logistics;
2.14.3. Any such other offerings which MOVE IT may make available from time to time;
2.15. “you” refers to Partner and/or Consumer as may be applicable.
3. Representations, Warranties and Undertakings
3.1. By using the Service and/or Platform, you represent, warrant and undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Move It may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Move It has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.3. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require, or as required by applicable regulation;
3.1.4. You will only use an access point or account which you are authorized by Move It to use;
3.1.5. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Move It;
3.1.6. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.7. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.8. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.9. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;
3.1.10. You will only use the Platform and Service for their intended and lawful purposes;
3.1.11. You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending or storing 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; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform of its content;
3.1.12. You will not attempt to commercially exploit any part of the Platform without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Move It. This includes without limitation, not to:
(a) create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;
(b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;
(c) conduct data mining or scraping activities; and
(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;
3.1.13. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Move It or to disrupt the natural functions of the Platform;
3.1.14. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
3.1.15. You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Move It or any third party;
3.1.16. You agree that the Service is provided on a reasonable effort basis;
3.1.17. You agree that your use of the Service will be subject to Move It’s Policies as may be amended from time to time;
3.1.18. You agree to assist Move It with any internal or external investigations as may be required by Move It in complying with any prevailing laws or regulations in place;
3.1.19. You provide us the phone numbers of Move It users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision;
3.1.20. You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply;
3.1.21. You agree that Move It may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account;
3.1.22. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Move It or any other party as a result of your breach of this Agreement; and
3.2. If you are a Partner, you further represent, warrant and undertake that:
3.2.1. You possess all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Solution(s) in the jurisdiction in which you use the Service;
3.2.2. If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licenses and approvals in respect of any vehicle, equipment, premises or any other matter or thing which is involved or used in the course of your provision of the Solution(s);
3.2.3. If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts) in connection with your provision of the Solution(s);
3.2.4. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage, which is due to or is alleged to be a result of the Solution(s) provided by you;
3.2.5. You shall obey all applicable laws and regulations for your provision of the Solution(s) and will be solely responsible for any violations of such local laws and regulations;
3.2.6. You shall not contact Consumers for purposes other than in connection with the Service;
3.2.7. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other Consumers, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;
3.2.8. You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;
3.2.9. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.2.10. You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Consumers.
3.2.11 You are strictly forbidden to use the Service and Platform for other purposes such as but not limited to data mining of Move It’s information or information related to the Platform or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Move It reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
3.2.12. Without prejudice to any other provisions, information which you have submitted to us for your registration as a Partner on the Platform, which may include your personal data as described in the Privacy Notice, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of the Platform. You use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a Consumer via the Platform for purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.
3.3. If you are a Consumer, you further represent, warrant and undertake that:
3.3.1. You recognize and agree that only one passenger is allowed to use the Solutions per booking.
3.3.2. You shall not contact the Third Party Provider for purposes other than the Service; and
3.3.3. You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.
3.2 In these Terms of Use (except where the context otherwise requires): (a) a reference to “writing” does not include email unless otherwise specified; and (b) any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, or any similar expression is illustrative and does not limit the meaning of the words preceding those terms. These Terms of Use are drafted in the English language. If these Terms of Use are translated into another language, the English language text will prevail. In the event of any inconsistency, the following order of precedence applies: first, (i) the Local Terms; then (ii) the Specific Terms; and finally (iii) the other parts of these Terms of Use.
4. Compatibility
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.
5. License Grant and Restrictions
5.1. Move It and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Move It and its licensors.
5.2. You shall not:
5.2.1. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
5.2.2. remove any copyright, trademark or other proprietary rights notices contained on the Platform.
6. Payments
6.1 Payment Terms for Partners (Driver-partners/Delivery-partners)
6.1.1. Move It charges a fee for your use of the Service (“Service Fee“). The Service Fee may be up to 25% of the Consumer Charges unless otherwise communicated to and accepted by you before you commence provision of the Solution(s). The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
6.1.2. YOU ACKNOWLEDGE AND CONFIRM THAT MOVE IT MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.
6.1.3. Move It retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold Move It liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
6.1.4. Move It may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumers whereby these promotional offers shall accordingly be honored by you. Move It may change the Service Fee at any time at its sole discretion.
6.1.5. Driver’s Cash Balance: Move It shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance“). Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, or to such other recipient accounts as are made available in the Application. Move It reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Service, as are authorized by you, or as are notified to you via the Application.
6.1.6. Driver’s Credit Balance: In addition to your Driver’s Cash Balance, you must also maintain with Move It a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to Move It by you of commissions and other fees and charges applicable under these Terms of Service. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by Move It, and shall be notified to you via the Application. It may be changed at any time at Move It’s sole discretion.
6.1.7. You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Driver’s Cash and Credit Balance at any time is PHP100,000.00. Balance may be added in any manner prescribed by Move It from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).
6.1.8. Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. Move It may receive interest on amounts that Move It holds on your behalf. You agree to assign your rights to Move It for any interest derived from your Credits.
6.1.9. Driver’s Other Wallets: Where available, driver-partners will be provided with other providers’ stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver’s Cash Balance pursuant to clause 6.1.4 above, as well as make payments, remittances and transfers of funds to other Consumers. Usage of other providers stored value facility will be governed by their respective terms and conditions, accessible in their website.
6.2. Payment Terms for Consumers:
6.2.1. Consumers are required to make full payment of the Consumer Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
6.2.2 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the Consumer Charges after the Solution has been provided and given to the Partner unless you choose to change the amount or remove the tip.
7. Cancellation
7.1. Cancellation Terms for Partners:
7.1.1 The Consumers rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Consumers’ bookings will impair the Consumers’ experience and negatively impact the reputation and branding of Move It.
7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Move It reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
7.2 Cancellation Terms for Consumers (Transportation Solutions):
7.2.1 Unless otherwise stated in any Move It Policy, you may cancel your request for transportation services at any time before you commence your ride with the Partner that has been matched with you by the Service.
7.2.2. If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Move It may notify from time to time via the Cancellation Policy on Move It’s website.
7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact Move It via Help Centre on Move It’s website for assistance. Move It reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or any of your Move It Wallets, or such other method as is deemed reasonable by Move It.
8. Ratings
8.1. Consumers and Partners may be allowed to rate each other in respect of Solutions provided;
8.2. Every rating will be automatically logged onto Move It’s system and Move It may analyse all ratings received. Move It may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
9. Complaints
9.1. Any complaints between Partners and Consumers must be taken up with each other directly.
10. Repair and Cleaning Fees for Consumers
10.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Partner’s property as a result of your misuse of the Service or breach of the Terms of Service herein. Move It may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Partner has been verified by Move It.
11. Intellectual Property Ownership
11.1. Move It and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by Move It and/or its licensors. Move It’s name, Move It’s logo, the Service, the Platform and the third party transportation providers’ logos and the product names associated with the Software and/or the Platform are trademarks of Move It or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.
12. Taxes
12.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Move It to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
12.2. If you are a Partner, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
13. Confidentiality
13.1. You shall maintain in confidence all information and data relating to Move It, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Move It (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Move It, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Move It’s prior written consent, disclose such information to any third party nor use it for any other purpose.
13.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
13.2.1. was at the time of receipt already in your possession;
13.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
13.2.3. was received from a third party having the right to disclose it; or
13.2.4. is required to be disclosed by law.
14. Data Privacy and Protection Data Protection Policy
14.1 Move It collects and processes your personal data in accordance with its Privacy Notice. The Privacy Notice applies to all of Move It’s Services and its terms are made a part of this Agreement by this reference.
14.2 Where applicable, you agree and consent to Move It, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing personal data as further described in our Privacy Notice.
14.3 You acknowledge that Move It may disclose personal data of other individuals to you in the course of your use of Move It’s Services. You represent and warrant that you will only use such personal data for the purpose for which it was disclosed to you by Move It, and not for any other unauthorized purposes.
15. Third Party Interactions
15.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and Move It and its licensors shall have no liability or obligation for any such communication or agreement. Neither Move It nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Move It, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or Partners. Certain Partners of transportation, goods and/or services may require your agreement to additional or different Terms of Service or privacy notices prior to your use of or access to such goods or services, and Move It is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the Partners. You acknowledge that such additional or different terms of use and privacy notices may apply to your use of such third party services. Move It is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
15.2. Move It may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Notice for instructions to unsubscribe or update your privacy settings. You agree and allow Move It to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
15.3. You agree and allow Move It to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.
15.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
15.5. Save for factual, truthful and not misleading references through a plain text link to https://moveit.com.ph/home/ or URL(s) which Move It may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by Move It. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that Move It is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with Move It, (e) presenting false information about products or services of Move It, and (f) using any logo or mark of Move It without prior written approval from Move It.
16. Indemnification
16.1 By agreeing to the Terms of Service upon using the Service or accessing the Platform, you agree that you shall indemnify and hold Move It, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partners or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform, and/or any part thereof; or (e) where applicable your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service.
17. Disclaimer of Warranties
17.1. Move It makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Move It does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (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. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
17.2. Move It makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partners or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partners and shall have no recourse to Move It in respect of the same.
17.3. Where applicable, Move It’s role as collection agent is solely mechanical and administrative in nature and Move It does not owe to you a duty of care or any fiduciary duties.
18. Internet Delays
18.1. THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE PARTNER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. MOVE IT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
19. Limitation of Liability
19.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST MOVE IT BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. MOVE IT AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:
19.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
19.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
19.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
19.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONSUMER, PARTNER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,
EVEN IF MOVE IT AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2. MOVE IT DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMER OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE MOVE IT FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.
19.3. MOVE IT WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. MOVE IT CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE MOVE IT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE PLATFORM.
19.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE CONSUMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SOLUTIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
20. Notice
20.1. Move It may give notice through the Application, electronic mail to your email address in the records of Move It, or by written communication sent by registered mail or pre-paid post to your address in the record of Move It. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Move It (such notice shall be deemed given when received by Move It) by letter sent by courier or registered mail to Move It using the contact details as provided in the Application.
21. Assignment
21.1. This Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Move It but may be assigned without your consent by Move It. Any purported assignment by you in violation of this section shall be void.
22.Dispute Resolution
22.1. This Terms of Service shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction.
22.2. Any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Service or the Service (“Disputes“) shall be referred to the Philippines Dispute Resolution Centre (“PDRC”), in accordance with the Rules of the PDRC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Move It (the “Arbitrator”). If you and Move It are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRC in accordance with the Rules. The seat and venue of the arbitration shall be Manila, in the English language and the fees of the Arbitrator shall be borne equally by you and Move It, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
22.3. Notwithstanding the above, if you are a Partner, you may choose to submit a Dispute for mediation at the PDRC and/or courts subject to the respective rules and guidelines.
23. Relationship
23.1. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Move It.
24. Severability
24.1. If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
25. No Waiver
25.1. The failure of Move It to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.
26. Entire Agreement
26.1. This Agreement comprises the entire agreement between you and Move It in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Move It which incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in reference to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Move It in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.
27. Suspension and Termination
27.1. You agree that we may do any of the following, at any time, without notice:
(i) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;
(ii) to modify or change any applicable policies or terms; and
(iii) to interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We shall not be required to compensate you for any suspension or termination.
27.2. Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including with limitation, information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates Move It Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as Move It deems appropriate (collectively, “Rectification Measure“) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).
28. No Third Party Rights
28.1. Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.