Participating Driver’s Terms & Conditions

As a “Participating Driver” of this Lalamove application, you hereby agree and conform to the following Terms of Use:

 

1. Definitions

1.1. "Lalamove" means Lalamove Philippines, Inc., a corporation duly organized and existing under and by virtue of the laws of the Philippines, with registered office at 25th Floor, Philam Life Tower, 8767 Paseo de Roxas, Makati City (1226). Lalamove is the authorized administrator of the Lalamove Driver’s application or program (the “Software”) in the Philippines and is engaged in the business of providing the Services to Users in the Philippines.

1.2. "Participating Driver" means a licensed driver, not registered as a common carrier or otherwise engaged in business as such, who installs a copy of the Software on a mobile device, and has been accredited with Lalamove as part of a pool of drivers who may be willing, at his/her sole discretion, to provide Private Carrier Services to a User.

1.3. “User” means any natural or juridical person who installs a copy of the Software on a mobile device and submits an Order through the Software for Private Carrier Services to be performed in the Philippines.

1.4. “Order” has the meaning given to it in Clause 3.3 below.

1.5. “Private Carrier Services” means the services provided by a Participating Driver for the account of a User, which includes the pickup, transportation and delivery of the User’s Shipment from and to stated locations in the Philippines using a booked vehicle, as well as any add-on services, pursuant to an Order.

1.6. “Shipment” means all packages, parcels, delivery items or any part of the articles therein or contents thereof that travel under one Order.

1.7. “Contract” refers to the special contract of private carriage as contemplated under Philippine law which is automatically entered into between the Participating Driver and the User upon the acceptance by the Participating Driver of the User’s Order through the Software. The Contract covers the provision of Private Carrier Services and the fulfillment by the Participating Driver of the terms of the Order, subject to the terms and conditions expressly provided as Annex “A”.

1.8. "Services" means the services set out in Clause 3.4 below which are all performed by Lalamove electronically through the Software.

1.9. “User Wallet” refers to the deposit of money made by the User with Lalamove, from which deposit the fees and charges due for an Order may be deducted, and over which deposit the User has full and complete control until the total order cost is deducted as a result of a completed transaction.

1.10. “Driver Account” refers to the deposit of money made by the Participating Driver with Lalamove, 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 Lalamove in the fees and charges for an Order paid in cash and/or penalties and fines due from the Participating Driver.

1.11. "Privacy Policy refers to the policy provided for the processing of the personal data of the Participating Drivers, attached herein as Annex “B”.

 

2. Application and Onboarding on the Software

2.1 Lalamove has the exclusive discretion to impose requirements for the accreditation of prospective Participating Drivers for onboarding on the Software.

2.2. Prospective Participating Drivers shall submit relevant, true and correct personal data and authentic documents as a prerequisite to onboarding on the Software. Failure to provide true and complete personal data and documents, or submission of false information or documents shall be grounds for denial of the application or off-boarding the Participating Driver from the Software.

2.3. Failure by the Participating Driver to comply with the Code of Conduct, and/or the rules which may be promulgated by Lalamove from time to time shall be sufficient basis for imposition of reasonable fines by Lalamove against the Participating Driver and/or off-boarding from the Software. Lalamove has the sole prerogative, based on its own exclusive determination of whether a violation or breach has been committed by the Participating Driver, to impose such penalties on the Participating Driver.


3. Use of the Software; Lalamove’s Services

1. A Participating Driver is permitted to install a copy of the Software on the Participating Driver’s mobile device for use in the Philippines. Other than the license to use the Software as herein provided, no other license or right is granted to the use and ownership of the Software and all other rights are hereby expressly reserved by Lalamove. Participating Driver shall not:

a. rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties;

b. modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software;

c. interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software;

d. upload or send out any kinds of computer viruses, worms, trojans, or malicious codes;

e. install and/or execute the Software on any device other than the mobile device running the operating systems approved by Lalamove.

2. The Software is delivered to Participating Drivers on an “as is” basis and although Lalamove has used its best endeavors to make the Software work properly on mobile devices, Lalamove does not warrant the performance of the Software nor the compatibility of the Software with Participating Drivers’ mobile devices.

3. Participating Driver may use the Software to accept a proposal submitted by a User to engage Private Carrier Services for compensation to be determined in accordance with the prevailing “Rates” on the Software (an “Order”) and under terms and conditions provided in Annex “A”.

4. Lalamove provides Services to facilitate the perfection and performance of the Contract between the User and the Participating Driver, as follows:

a. the computation and determination of the fees and charges for the fulfillment of an Order;

b. the publication of the details of an Order to eligible Participating Drivers for their acceptance;

c. upon the acceptance by a Participating Driver of an Order, the transmission to the User of the details of the Participating Driver who has accepted the Order;

d. where the option for payment using the User Wallet is selected by the User, the confirmation of receipt of the payment of the fees and charges, for and on behalf of the Participating Driver, which sum shall be deducted by Lalamove from the User Wallet of the User for  the account of the Participating Driver.

5. The Orders submitted through the Software are completely and independently fulfilled by the Participating Driver pursuant to the Contract with the User. Lalamove is not a party to the Contract.

6. Lalamove reserves the right, but shall not be obliged, to pursue investigations and/or inquiries on the conduct and/or alleged violations by Participating Drivers based on User’s reports or complaints, and to impose appropriate penalties or consequences on the Participating Drivers, at the sole and absolute discretion of Lalamove.

 

4. Determination of Fees and Charges

4.1. The User will be charged the Standard Transport Fee in accordance with the prevailing “Rates” at the time of the Participating Driver’s acceptance of the Order.

4.2. Prevailing rates are indicated in the “Rates” section on the Lalamove website.

4.3. The fees and charges for the User’s Shipment are determined in accordance with specified maximum weight, size, and quantity of the delivery item/s, the vehicles used, and add-on services availed, if any, as the case may be.

4.4. Additional charges, including but not limited to toll, parking fees and such other fees and expenses which are necessary, related or incidental to effect delivery to the recipient or return of the Shipment to the User shall be for the User’s exclusive account and are not included in the Standard Transport Fee to be charged against the User.

4.5. An adjustment of the rates as well as additional charges shall likewise apply if the weight, size, or quantity of the Shipment declared by the User are different from the actual weight, size, or quantity thereof.

4.6. In the event that the Shipment is not accepted or refused by the recipient or the recipient’s representative/s, all expenses for the return of the Shipment to the User shall be shouldered by the User.

4.7. No cancellation fees are chargeable as long as an Order is cancelled and communicated within sixty (60) minutes before the start of the Order pickup time. In the event that the cancellation was made after the Order pickup time has started, User shall be charged with the Standard Transport Fee as provided under Section 4.1.

4.8. The User shall pay the Participating Drivers in accordance with the agreed mode of payment selected through the Software upon submission of the Order.

4.9. For cash transactions, the Participating Driver cannot charge fees in excess of the Rates and approved additional charges. The share of Lalamove 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.

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

4.11. For and in consideration for the performance of the Services, Lalamove shall be entitled to a percentage in the total fees and charges due for an Order, pursuant to Section 4.10.


5. Participating Driver’s Warranties and Obligations

5.1. The Participating Driver warrants that he is a duly licensed driver in accordance with the laws of the Philippines, and that he is the registered owner or the authorized driver of the vehicle to be used in the Contract he may enter into with a User of the Software.

5.2. The Participating Driver conclusively agrees that the Private Carrier Services which it shall provide to the User shall be subject to the terms and conditions herein provided, those provided in Annex “A” hereof, and the Privacy Policy provided in Annex “B”.

5.3. The Participating Driver undertakes that he will faithfully comply with his duties and obligations as provided in the Contract, and warrants that all his representations and warranties as provided in the Contract are true and correct.

5.4. The Participating Driver warrants that he has read and understood the Participating Driver’s Code of Conduct. He agrees that he may be penalized for his violation of said Code of Conduct, and may be off-boarded from the Software.

5.5. The Participating Driver warrants the authenticity and due execution of the documents he submitted to Lalamove in connection with his onboarding on the Software.

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

5.7. The Participating Driver shall hold Lalamove free and harmless from any legal liability to the User or any third party as a result of any breach of the Participating Driver’s warranties, duties and obligations.

5.8. The Participating Driver acknowledges that offline marketing materials of Lalamove such as shirts, jackets, insulated bags, stickers bearing the Lalamove name or logo are and shall remain the company property of Lalamove. The Participating Driver shall voluntarily return in good condition such company property of Lalamove within five (5) business days from being off-boarded from the Software without need for demand from Lalamove.

5.9. Participating Driver expressly agrees that his failure to return company property of Lalamove as provided in Clause 5.7 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, Lalamove shall be entitled to satisfy the liability from Participating Driver’s personal property. Notwithstanding the foregoing, Lalamove does not waive its right to institute any civil or criminal case against Participating Driver for his failure to surrender the company property of Lalamove.

 

6. Disclaimer

The Participating Driver hereby expressly agrees and acknowledges that: 

6.1. Lalamove does not provide delivery or transportation services, and except to the extent that it provides the Services as defined herein, does not perform, manage, supervise or control the Private Carrier Services which are completely, exclusively and independently performed by the Participating Driver.

6.2. Lalamove is a software company and is not, and does not represent itself to be, engaged in the activities of a common or private carrier or a public utility.

6.3. Lalamove does not warrant the availability of the Services, the availability of vehicles through the use of the Services, the accuracy of the data or information provided as part of the Services or the quality of the services of the Participating Drivers.

6.4. Lalamove shall not be liable to Participating Drivers for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to their mobile devices as a result of their use of the Services or their installation and / or execution of the Software even if Lalamove or its representative has been advised of the possibility of such loss, damage or claim from Participating Driver.

6.5. Lalamove is not the agent, principal, partner or employer of Participating Drivers or Users.

6.6. The rights, obligations and remedies between the User and Participating Driver are set forth in their Contract, which is hereby expressly acknowledged by the Participating Driver as a special contract of private carriage of goods, as contemplated under the laws of the Republic of the Philippines. Lalamove shall not be liable for any loss or damages, including any injury which a User or Participating Driver may suffer as a result of the delivery, transportation or journey in the vehicle of a Participating Driver using the Software.


7. Personal Data and Privacy

7.1. The Participating Driver may be required to submit personal data to Lalamove in order to use certain functions of the Software and avail of, or be eligible for the availment of, discounted products and services, special promotions and other benefits (the “Benefits”) from Lalamove’s corporate and institutional partners, and the Participating Driver confirms that the personal data so provided is true, correct and up to date.

7.2. The Participating Driver agrees to Lalamove’s Privacy Policy and acknowledges that that Lalamove is entitled to collect, use, keep, store, update and otherwise process his/her personal data to such extent, for and at such time period as may be necessary for Lalamove to provide the Services, fulfill its contractual obligations related to the provision of said Services or the provision of the Benefits by Lalamove’s corporate and institutional partners, and facilitate the Participating Driver’s availment or eligibility for availment of the Benefits from Lalamove’s corporate and institutional partners. The submitted personal data may also be used for (a) confirmation/clarification of the Order between the User and the Participating Driver, (b) tracking the booked vehicles, (c) determining compliance with the terms and conditions of these Terms and Conditions, (d) addressing User complaints against the Participating Driver, (e) verifying the truthfulness of the submitted personal data, (f) compliance with legal process and investigation, (g) other acts or procedures which are reasonably necessary or connected with the provision of the Services, and (h) monitoring the Participating Driver’s availment of the Benefits from Lalamove’s corporate and institutional partners.

7.3. The Participating Driver agrees that Lalamove may likewise share his or her personal data with third parties, including but not limited to contractors, subcontractors, agents and corporate partners (“Third Parties”), as well as said Third Parties’ member companies, affiliates and/or service providers, as may be necessary for Lalamove to provide the Services,  fulfill its contractual obligations related to the provision of said Services or the provision of the Benefits by Lalamove’s corporate and institutional partners, and facilitate and monitor the Participating Driver’s availment or eligibility for the availment of the Benefits from Lalamove’s corporate and institutional partners. Prior to sharing the Participating Driver’s data, Lalamove shall provide the Participating Driver the following information: (i) that the Participating Driver’s data will be given to the relevant third party and/or its member companies, affiliates and/or service providers; (ii) the purpose of the data sharing; (iii) the categories of personal data concerned; (iv) other intended recipients or categories of recipients, such as the third party’s member companies, affiliates and/or service providers; (v) the existence of the rights of Participating Drivers with respect to said personal data, including the right to access and correction and the right to object; and (vi) any other information that would sufficiently notify the Participating Drivers of the nature and extent of the data sharing to be undertaken under this agreement and the third party’s subsequent processing thereof.

7.4. The Participating Driver agrees that Lalamove shall not be liable for any misuse by the User of the Participating Driver’s personal data.

7.5. The Participating Driver will receive and use the User’s personal data (User’s submitted name and contact number) for the purpose of complying with his obligations under the Special Private Contract of Carriage.

7.6. The Participating Driver shall not use the User’s personal data for any illegal acts. The Participating Driver agrees that he will be liable to the User for any misuse of the User’s personal data, and that he agrees to hold Lalamove free and harmless from the misuse of the User’s personal data.


8. Fair Use of the Software; Rules of Usage

8.1. The Participating Driver shall not utilize the Software for or to promote any illegal acts.

8.2. The Participating Driver shall not use the Software to produce any email advertisements or spam emails.

8.3. The Participating Driver shall not use the Software in any way to track, stalk, harass or hurt any person.

8.4. The Participating Driver shall not in any way interrupt/destroy the operation of the Software or the servers/network that linked with the Software, or violate the network requirements, process, or there herein terms and conditions.

8.5. The Participating Driver shall not use the Software in another person’s name or use the Software with property of others without consent of its owner.


9. Confidentiality and Protection of Business Interests of Lalamove and Software Users

9.1. Lalamove owns or controls all trade secrets, proprietary information, and other confidential information relating to Lalamove and the Software.

9.2. “Confidential information” includes but is not limited to: the source code in respect of the mobile app, Lalamove App (the “Mobile App”), currently owned and operated by Lalamove; app contents of Lalamove; driver onboarding data operating procedures; non-public financial information, trade secrets (including but not limited to applicable rebate programs for corporate clients), business plans copyrightable materials; operating procedures; financial information, business plans; non-public records, notes, reports, correspondences; supplier information; and trade secrets; and proprietary information.

9.3. In the course of the use of the Software and/or provision by Lalamove of the Services, the Participating Driver may become aware of trade secrets, proprietary information and other confidential information relating to Lalamove. The Participating Driver agrees that the disclosure of this information to any third party, and in particular to a competing business entity, would cause serious loss and damage to Lalamove’s business interests.

9.4. Upon request of Lalamove made at any time for any purpose, the Participating Driver shall immediately deliver to Lalamove any and all company properties and Confidential Information in their ephemeral and tangible forms. Any hardware or devise, owned or controlled by the Participating Driver containing such Confidential Information shall also be turned over for extraction/removal of such Confidential Information.  

9.5. The Participating Driver shall not, both during and after his onboarding on the Software, (a) reveal to others, any trade secrets or confidential information learned or generated by him relating to the business of the Lalamove or Users of the Software; (b) make use of any such information in a manner that competes with the business of Lalamove; or (c) make use of such information in a manner which is prejudicial to the interests of Lalamove and/or the User.

9.6. The Participating Driver shall exercise the diligence of a good father of the family to prevent any disclosure, communication or use by any other person of any such trade secrets or Confidential Information and all books, notes, memoranda, correspondence, papers, drawings, designs, documents, records, computer discs, computer hardware, or computer software containing such trade secrets or Confidential Information.

9.7. The Participating Driver agrees it shall not use any advantages derivable from such Confidential Information in its own business or affairs, unless the same is done pursuant to a new agreement executed by all parties to this document.

 

10. Miscellaneous

10.1. Non-Circumvention. The Participating Driver hereby agrees for himself or herself, their officers, directors, agents, associates and any related parties, that they will not, directly or indirectly, contact, deal with or otherwise become involved with any User, entity or any other entities or parties introduced, directly or indirectly, by or through the other party, its officers, directors, agents or associates, for the purpose of avoiding the payment to the Lalamove of profits, fees or otherwise, without the specific written approval of the Lalamove.

10.2. Promotions. Lalamove reserves the exclusive right to introduce and enforce advertising and sales promotions.

10.3 Amendment. By agreeing to these Terms and Conditions, the Participating Driver agrees that Lalamove may from time to time amend the terms of these Terms and Conditions by posting such amendments and additional terms and conditions on the website and/or by sending push notifications on the Mobile App. The Participating Driver agrees that any such amendments on the Terms and Conditions made by Lalamove shall be binding upon him.

10.4. Entire agreement. The Participating Driver acknowledges that he has read these Terms and Conditions, as may be amended from time to time, understood it and agreed to be bound by its terms, and further agrees that these Terms and Conditions, together with any document referred to herein in connection herewith, constitutes the whole agreement and is the complete and exclusive statement of the Terms and Conditions between Lalamove and the Participating Driver with respect to the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the Lalamove and the Participating Driver relating to the subject matter of these Terms and Conditions. No representation, promise or inducement has been made by Lalamove that is not embodied in these Terms and Conditions.

10.5. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of Philippines.

10.6. Venue of Action. In the event of any dispute, controversy, or claim arising from or relating to these Terms and Conditions, or the interpretation thereof, or any arrangements relating thereto or contemplated therein, or the breach, termination, or invalidity thereof, the parties hereto agree that venue shall be exclusively and properly set in the courts of Makati City, Philippines.

10.7. Assignment. Lalamove reserves the right to assign any or all of its rights, duties and obligations hereunder to any third party without need of notice to or consent from the Participating Driver. The Participating Driver may not assign his rights and obligations under these Terms and Conditions without the prior written consent of Lalamove.

10.8. Non-waiver. Failure by Lalamove to exercise any or all of its rights hereunder, or any partial exercise thereof, shall not be construed as a waiver of such rights, and Lalamove may, at any time, exercise any or all of the rights and discretions granted to it hereunder, or by law, without having to wait for the occurrence or re-occurrence of another or similar event which gives rise to such rights.

10.9. Severability. If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.



Annex “A”

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

 The User, by the submission of its Order using the Software and the acceptance of the computation provided by Lalamove of the fees and charges for said Order; and The Participating Driver, by its acceptance of the Order; hereby agree to be bound by this special contract of private carriage of goods (the “Contract”), subject to the terms and conditions hereinafter provided:


1. Definitions and Interpretation

1.1. Capitalized terms used in this Contract shall bear the meaning provided under the User’s Terms and Conditions, and/or the Participating Driver’s Terms and Conditions.

1.2. In case of conflict between the provisions of this Contract and the User’s/ Participating Driver’s Terms and Conditions, the rights, duties and obligations and remedies between the User and Participating Driver shall be governed by this Contract.

 

2. Special Contract of Private Carriage of Goods

2.1. This Contract shall take effect between the User and the Participating Driver upon the acceptance by the Participating Driver of the User’s Order.

2.2. For and in consideration of the payment by the User of the fees and charges as computed through the Software, the Participating Driver shall provide the Private Carrier Services for the account of the User in accordance with the terms indicated by the User in the Order.

2.3. The User shall pay the Participating Drivers in accordance with the agreed mode of payment selected through the Software upon submission of the Order.

2.4. No cancellation fees are chargeable as long as an Order is cancelled and communicated within sixty (60) minutes before the start of the Order pickup time. In the event that the cancellation was made after the Order pickup time has started, User shall be charged with the Standard Transport Fee.

2.5. It is expressly understood that this Contract exclusively covers the carriage of goods and does not extend to the carriage of persons. On a case-to-case basis, and subject to the sole discretion of the Participating Driver, the Participating Driver may allow persons to be transported as accompanying persons to the Shipment upon the request of the User. The User expressly agrees that the incidental transportation of accompanying persons may be allowed by the Participating Driver as a mere accommodation and only in cases where the accompanying persons are necessary to minimize any risk of damage or loss to the Shipment. The User expressly assumes any and all liability arising from the transportation of accompanying persons by the Participating Driver.

2.6. The User and the Participating Driver acknowledge that any payment to the Participating Driver is made exclusively for the provision of Private Carrier Services and does not cover services for carrying or transporting accompanying passengers.

 

3. Participating Driver’s Warranties; Duties and Obligations

3.1. The Participating Driver warrants that he is a duly licensed driver in accordance with the laws of the Philippines, and that he is the registered owner or the authorized driver of the delivery vehicle to be used in this Contract.

3.2. The Participating Driver undertakes to personally execute the duties and obligations of the private carrier under this Contract.

3.3. The Participating Driver represents and warrants to the User that he has the special skills, appropriate delivery vehicle and sufficient property to perform the Private Carrier Services under this Contract and in accordance with the instructions of the User as indicated in the Order.

3.4. The Participating Driver undertakes to faithfully comply with the Participating Driver’s Code of Conduct and with the terms and conditions of this Contract.

3.5. The Participating Driver shall provide any additional manpower requirements as may be indicated in the Order, and shall exercise direct supervision and control over the acts and services performed by the additional personnel provided by him.

3.6. 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.

3.7. The Participating Driver agrees that he may be reported by the User to Lalamove for any violation of this Contract, and after due inquiry by Lalamove, may be penalized for his violation of the terms and conditions of this Contract and that he may be off-boarded from the Software as a consequence thereof.

3.8. 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 Lalamove.

3.9. The Participating Driver shall refuse any Shipment that is or appears 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.

3.10. The Participating Driver shall exercise the diligence of a good father of the family to transmit the Shipment. He shall take reasonable precaution to prevent unauthorized persons from accessing the Shipment. He shall take reasonable precaution against loss of or damage to the Shipment while in transit.

3.11. The Participating Driver shall use reasonable effort to deliver the Shipment according to the instructions of the User and the estimated time of arrival. Participating Drivers shall not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery thereof for whatever reasons, unless the delay is directly caused by the gross negligence or fault of the Participating Driver.

3.12. The Participating Driver shall not be liable for any loss or damage arising from or in connection with the User’s violations of warranties and obligations as stated in the User’s Terms and Conditions or in this Contract.

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


4. User’s Warranties; Duties and Obligations

4.1. The User warrants that he has the legal capacity to enter into this Contract under Philippine laws.

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

4.3 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.

4.4. The User warrants that he has provided complete and accurate information in submitting the Order, such as the description of the delivery items included in the Shipment, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Shipment, if any, through the 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.

4.5. The User warrants to the Participating Driver that he is either the owner or the authorized agent of the owner of the Shipment, and that he is authorized to enter into this Contract not only for himself but also as agent for and on behalf of the owner of the Shipment.

4.6. The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Shipment. User shall not dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Participating Driver or the delivery vehicle.

4.7. The User bears complete responsibility to ensure that the Shipment is adequately packed to protect against damage in the course of transit. It is conclusively presumed that the delivery items in the Shipment are inadequately packed if it appears to have been removed without the case, wrapper or container, or where the seal or packaging of the delivery items in the Shipment are torn or broken.

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

4.9. The User is liable for any loss or damage suffered by the Participating Driver or any third party as a result of User’s violation/s of this Contract.

4.10. The User agrees to hold the Participating Driver free and harmless from any legal liability to any third party as a result of any breach of the User’s warranties, duties and obligations.

4.11. The User agrees and undertakes to indemnify the Participating Driver against any and all 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 to the Shipment upon the request of the User.

 

5. Miscellaneous

5.1. Participating Driver’s Limited Liability. The liability of the Participating Driver to the User for loss or destruction of the Shipment shall be limited to Two Thousand Pesos (PHP 2,000) only. The User shall bear the risk of loss if he avails of the Private Carrier Services for Shipments with a value exceeding this amount.

5.2. Entire agreement. Both parties acknowledge that they have read this Contract, understood it and agreed to be bound by its terms and further agree that this Contract, together with the terms of the relevant Order, constitutes as the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the parties relating to the subject matter of this Contract. 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.

5.3. Governing Law. This Contract shall be governed by and construed in accordance with the laws of Philippines.

5.4. Venue of Action. In the event of any dispute, controversy, or claim arising from or relating to this Contract or the relevant Order, or the interpretation thereof, or any arrangements relating thereto or contemplated therein, or the breach, termination, or invalidity thereof, the parties hereto agree that venue shall be exclusively and properly set in the courts of Makati City, Philippines.

5.5. Severability. If any provision of this Contract is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.

 

Annex “B”

Privacy Policy between
Lalamove and the Participating Drivers