User’s Terms & Conditions

As a "User" of this Lalamove application, you hereby agree and conform to the following Terms of Use:

Definition

"Lalamove" means, a company incorporated in Philippines with its registered office at 25th Floor, Philam Life Tower, 8767 Paseo de Roxas, Makati City (1226). Lalamove is the authorized administrator of the Lalamove App (the “Software”) in the Philippines and is not a common or private carrier.

“User” means any person who entered into a special private contract of carriage with a Participating Driver through the Software.

"Participating Driver" means licensed driver who agreed to the Special Private Contract of Carriage, and agreed to enter into a Special Private Contract of Carriage from a User through the Software, and is not engaged in the business of a common carrier.

"Services" means Lalamove’s transmission of the User’s details and proposed delivery through Software to Participating Drivers for their acceptance, and the transmission of other information on the relevant Participating Drivers, the accepted delivery to the User; provided: that the delivery is conclusively admitted to be a private contract of carriage exclusively between the User and Participating Drivers. 

“Proposed Delivery” refer the User’s offer to enter into a contract of private carriage with a Participating Driver for the latter to transport delivery item/s to a specified destination through the booked vehicle, which offer may be accepted by Participating Drivers registered on the Software.

“Special Private Contract of Carriage” refers to the contract of private carriage as defined by Philippine law, between the Participating Driver and a User for the delivery of the User’s delivery item/s to a stated destination using a booked vehicle, in accordance with the prevailing “Rates” on the Software, at the time of the acceptance of the proposed delivery. A copy of the Special Private Contract of Carriage is appended here as Annex “A”.

“User Wallet” refers to the electronic deposit of advance payment made by the User, from which deposit, the adjusted rates and additional charges for the delivery of the User’s delivery item/s shall be deducted.

Fees and Charges


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 delivery. 

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

The Rates for the User’s delivery item/s 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. 

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 delivery items to the User shall be for the User’s exclusive account. 

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

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

The User shall pay the Participating Drivers in accordance with the agreed mode of payment relayed through the software upon ordering.

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

For Users availing of the User Wallet, the final adjusted rates and additional charges shall be deducted from the User’s Wallet. 

User’s Warranties and Obligations

The User warrants that he is either the Owner or the authorized agent of the Owner of the Goods, and that he is authorized to accept and is accepting these Conditions not only for himself but also as agent for and on behalf of the Owner of the Goods.

The User shall provide Lalamove complete and accurate descriptions of the delivery items, his choice of delivery vehicle type, add-on services availed, and handling instructions of the delivery items, if any, through the Software for initial determination of applicable rates.

The User shall provide the Participating Drivers complete and accurate descriptions of the delivery items, his choice of delivery vehicle, add-on services availed, and handling instructions of the delivery items, if any. The User shall provide sufficient, accurate and executable instructions with respect to the nature of delivery items, handling instructions, and the estimated time the delivery items are to be delivered. 

User bears complete responsibility to ensure that the delivery items are adequately packed to protect against damage in the course of transit. 

It is conclusively presumed that the delivery items are inadequately packed it appears to have been removed without the case, wrapper or container, or where the seal or packaging of the delivery items are torn or broken. 

The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Goods. User shall not dispatch and Participating Drivers reserve the right to refuse, 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. 

Participating Drivers and Lalamove are not obliged to open and inspect the Delivery Items.

The User is liable for any loss or damage suffered by the Participating Driver, Lalamove or any third party as a result of User’s violation/s of herein terms and conditions. 

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

Participating Driver’s Liability to the User


Once the proposed delivery is accepted, the rights, duties and obligations and remedies between the User and Participating Driver shall be governed by the Special Private Contract of Carriage between the User and the Participating Driver.

The Participating Driver shall be liable for any loss or damage on the Delivery item/s as a result of his breach of the terms and conditions on the Special Private Contract of Carriage. 

The User agrees to hold Lalamove free and harmless from any legal liability to any third party as a result of any breach of the foregoing User’s Terms and Conditions and/or the Special Private Contract of Carriage. 

Disclaimer

The Software is delivered to Participating Drivers and Users 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 Users’ or Participating Drivers’ mobile device.

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.

Lalamove shall not be liable to Participating Drivers and Users 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 Drivers or Users.

Lalamove is not a public utility or common carrier. Lalamove is not the agent or employer or contractor of Participating Drivers or User.

The rights, obligations and remedies between the User and Participating Driver are set forth in their Special Private Contract of Carriage. 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. 

Personal Data and Privacy

The User may be required to submit personal information to Lalamove in order to use certain functions of the Software and the Participating Driver confirms that the personal data so provided is true, correct and up to date.

The User agrees that the submitted personal data will be used only to such extent, for and at such time period as may be necessary when Lalamove provides the Services. The submitted personal data may also be used for (a) sourcing a booking from Users to be accepted by a vehicle’s driver, (b) confirmation/clarification of the booking information between you and the vehicle’s driver, (c) tracking the booked vehicles (d) determining compliance with the terms and conditions of these Terms and Conditions (e) addressing User complaints against the Participating Driver, (f) verifying the truthfulness of the submitted personal data, (g) compliance with legal process and investigation.

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

The User agrees that the User’s personal data will be used only to such extent, for and at such time period as may be necessary when Lalamove provides the Services, including but not limited to sourcing a booking to be accepted by a vehicle’s driver, confirmation/clarification of the booking information between you and the vehicle’s driver, and tracking the booked vehicles.

The User’s personal data shall not be 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.

Fair Use of the Software; Rules of Usage

The User shall not utilize the Software for or to promote any illegal acts.

The User shall not use the Software to produce any email advertisements or spam emails.

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

The User shall not in any way interrupt/destroy the operation of the Software or the servers/network that linked with the Software; Nor violate the network requirements, process, or terms and conditions that were mentioned when using the Software.

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

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

Lalamove owns all trade secrets, proprietary information, and other confidential information relating to Lalamove and the Software. During the period of the Participating Driver’s engagement and in the performance of his duties and obligations, the Participating Driver may become aware of trade secrets, proprietary information and other confidential information relating to the User. 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.

“Confidential information” includes but is not limited to: the source code in respect of the mobile app, EasyVan and Truck App (the “Mobile App”), currently owned and operated by Lalamove; app contents Lalamove; driver onboarding data operating procedures; non-public financial information, trade secrets (including but not limited to applicable rebate progames 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

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.  

The Participating Driver shall not, both during and after his on-boarding 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.

The Participating Driver shall 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.

Obligation of Non-Competition. 

The non-competition provisions of this Agreement are an essential and material part of the total agreement, by which the User 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 signatories to this document.

Non-Circumvention. 

The User 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 the Participating Drivers, any 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.

Returns, refunds or cancellations policy


No cancellation fees are chargeable as long as order is cancelled and communicated within sixty (60) minutes before the start of the order pick up time. As long as an order is cancelled, Lalamove app wallet will automatically undo the transaction for debiting of funds.

Promotions

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

Miscellaneous

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. 

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

ANNEX A: 
Special Private Contract of Carriage

WHEREAS, both parties hereby warrant their respective representatives are duly authorized to enter into the foregoing Special private contract of carriage;

WHEREAS, the parties have conclusively agreed that the PARTICIPATING DRIVER is not a common carrier, nor an employee, officer, agent or representative of Lalamove Philippines Inc.

NOW THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties hereto hereby agree as follows:

Section 1.  Definitions. The following words used in this Agreement are similarly defined in the Terms and Conditions previously set forth.

Section 2. Special Private Contract of Carriage; Amendments.  The Parties have agreed that Lalamove is not their employer, representative, or officer. With respect to the delivery of the delivery items, the rights, duties and obligations, and remedies of between the Parties shall be governed by the initial Special Private Contract of Carriage. 

Subsequent amendments or additional Terms and Conditions to the Special Private Contract of Carriage shall be posted on the app or website of Lalamove. The Parties are deemed to have accepted the amended terms and conditions of Special Private Contract of Carriage by availing services through the Software.

    Section 3. Rates, Promotions and Rebates. Rates, promotions and rebates for the use of the service, as well as any amendments thereto shall be posted on the website of Lalamove. The Corporate USERS may avail of Lalamove’s rebate program for corporate Users which are in force at that time.
 
Section 4. Participating Driver’s Warranties; Duties and Obligations. 

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 authorized of the vehicle to be used in the Special Private Contract of Carriage he may enter into with a User of the Software.

He shall personally execute the duties and obligations under the foregoing Special Private Contract of Carriage. 

He has the special skills and sufficient property to carry out the Special Private Contract of Carriage.

He has read and understood the Special Private Contract of Carriage and he has the special skills and sufficient property to carry out his duties therein.

He will faithfully comply with the Special Private Contract of Carriage he may enter into with a User of the Software and the Participating Driver’s Code of Conduct. 

He has agreed that he may be penalized for his violation of the Special Private Contract of Carriage and may be off-boarded from the Software. He may be reported by the User to Lalamove for any violation of the Special Private Contract of Carriage. 

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

He is not engaged in the business of a public utility or a common carrier, and that he is not an employee, representative, officer of Lalamove.

The Participating Driver shall refuse any articles that are 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. 

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

Participating Drivers shall make reasonable effort to deliver the Delivery Item/s 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.

Participating Drivers 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.

Participating Drivers shall not be liable for any delay in delivery of the delivery item/s, loss or damage due to force majeure, or any acts or omissions of any party other than the Participating Driver.

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. 

Section 5. User’s Warranties; Duties and Obligations. 

The User warrants that he is either the Owner or the authorized agent of the Owner of the Goods, and that he is authorized to accept and is accepting these Conditions not only for himself but also as agent for and on behalf of the Owner of the Goods.

The User shall provide complete and accurate descriptions of the delivery items, his choice of delivery vehicle, add-on services availed, and handling instructions of the delivery items, if any, through the Software for initial determination of applicable rates.

The User shall provide the Participating Drivers complete and accurate descriptions of the delivery items, his choice of delivery vehicle, add-on services availed, and handling instructions of the delivery items, if any, through the Software. The User shall provide sufficient, accurate and executable instructions with respect to the nature of delivery items, handling instructions, and the estimated time the delivery items are to be delivered. 

User bears complete responsibility to ensure that the delivery items are adequately packed to protect against damage in the course of transit. 

It is conclusively presumed that the delivery items are inadequately packed it appears to have been removed without the case, wrapper or container, or where the seal or packaging of the delivery items are torn or broken. 

The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Goods. User shall not dispatch and Participating Drivers reserve the right to refuse, 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. 

Participating Drivers and Lalamove will not open and inspect the Delivery Items, and bear no responsibility in any legal liability resulting from the transportation of the Delivery Items.

The User is liable for any loss or damage suffered by the Participating Driver, Lalamove or any third party as a result of User’s violation/s of herein terms and conditions. 

The User agrees to hold the Participating Driver and Lalamove 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. 

Section 6. Participating Driver’s Limited Liability. The liability of the PARTICIPATING DRIVER to the USER for loss or destruction of the deliverable item/s shall be limited to two thousand pesos (PHP 2,000) only. The USER shall bear the risk of loss if he avails of the service for deliverable items with a value exceeding this amount.

Section 7. Governing Law. This Agreement shall be governed, construed and enforced in accordance with the laws of the Philippines.  The parties hereto agree that venue shall be exclusively and properly set in the courts of Makati City, Philippines.

    Section 8. Entire Agreement. Without prejudice to subsequent amendments posted on the Lalamove website, both parties acknowledge that they have read this Agreement, understood it and agreed to be bound by its terms and further agree that this Agreement is the complete and exclusive statement of the Contract 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 Agreement. No representation, promise or inducement has been made by either party that is not embodied in this Agreement, and neither party shall be bound by or liable for any alleged representation, promise or inducement not otherwise contained in this Agreement.

Section 9. Assignment.  The USER and PARTICIPATING DRIVER may not assign his rights and obligations under this Agreement.  

Section 10. Modification. This Agreement may be amended, revised modified, cancelled, renewed or extended only by a written instrument executed by both of the parties hereto or in the case of a waiver, by the party waiving compliance.  
    
Section 11. Severability. If any provision of this Agreement 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.