Terms and Conditions
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TERMS AND CONDITIONS FOR USERS
The Terms and Conditions of Use stated herein constitute a legal agreement between you and Get Express. By accessing and using the Services as defined below, you agree that you have read, understood, accepted and agreed with this Terms and Conditions of Use and any future amendments herein as published by Get Express from time to time, as well as to the representations you made below. If you do not agree to these Terms and Conditions of Use, you may not access or use the Services or you may choose to discontinue your access or use of the Services. Get Express may immediately terminate this Terms and Conditions of Use or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
I. DEFINITIONS:
A. Get Express – refers to Get Express Global Corporation., a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with registered office address at 902/904 Richmonde Plaza San Miguel Avenue corner Lourdes Street, Ortigas Pasig who is the developer of the application/Software and is engaged in the business of providing the Services. Get Express is a technology company that does not provide transportation services and is not a transportation provider. It is up to the Participating Driver, a third party/independent carrier services provider, to offer transportation services to you and it is up to you to accept such transportation services. The service of Get Express is to link you with a Participating Driver but does not, nor does it intend to provide transportation services or any act that can be construed in any way as an act of a transportation provider. Get Express is not responsible nor liable for the acts and/or omissions of the Participating Driver and/or any transportation services provided to you. Get Express and the Participating Driver are neither responsible nor liable for any and all contents of the Shipment you are going to ship or deliver thru the Services.
B. “You”, “Your” and “Yours” – refer to any natural or juridical person, the user of the Services, who installs a copy of the application/software on a mobile device and submits booking/order through the Software.
C. Application/Software – refers to the application or program developed by Get Express, introduced and used in the Philippines to provide the Services to you.
D. Services – refer to all the works performed by Get Express electronically through the Software it developed as stated in No. III below.
E. Participating Driver – refers to a licensed driver, a holder of a Professional Driver’s License duly issued by the Land Transportation Officer (LTO), Philippines, who has been accredited with Get Express as part of a pool of drivers who may be willing, at his/her sole discretion, to provide Private Carrier Services to you.
F. Third Party/Independent Carrier Services – refer to the services provided by the Participating Driver to you, which includes pick-up, transportation, and delivery of your Shipment from the pick-up location to your intended destination within the Philippines using a booked vehicle as well as any add-on services as specified in the Order.
G. Order – refers to your request of pick-up, transportation and delivery of your Shipment, including add-on services, if any, using the application.
H. Shipment – refers to any/and all goods, packages, parcels, delivery items or any part of the articles therein or contents thereof that will be delivered as specified in the Order.
I. Agreement – refers to the contract of private carriage automatically entered into by and between you and the Participating Driver upon the acceptance by the latter of your Order through the Software. A copy of the said Agreement is hereto attached and made an integral part hereof as Annex “A”.
J. Your Wallet – refers to your deposit of money with GET EXPRESS for the fees and charges due for the third party/independent carrier services you availed, which will be deducted from said “Your Wallet”.
II. THE PURPOSE:
The purpose of this Terms and Conditions of Use is to set forth the rules governing your use and access of the application/software and the services provided by GET EXPRESS thru the Participating Driver. By using the mobile application, the Software supplied to you by GET EXPRESS and the download, installation, and use of any associated software likewise supplied by GET EXPRESS, will enable you to arrange and schedule transportation, logistics and/or delivery of goods to your desired destination to be matched with the Participating Driver.
III. THE SERVICES:
The Services, consists of mobile application – the Software, and related services, will enable you to arrange and schedule transportation, logistics, and/or delivery of goods to your desired destination to be matched with the Participating Driver, such as, but not limited to:
A. Providing the application/Software to you by downloading, installing and using it on your mobile device.
B. Providing a link, thru the use of the application/Software, to you with the Participating Driver;
C. Providing an Agreement between you and the Participating Driver, thru the use of the application/Software, a copy of which is hereto attached and made an integral part hereof as Annex “A”. GET EXPRESS is not a party to the said Agreement.
D. Providing the calculation of fees and charges for the completion of an Order;
E. Dissemination of the details of an Order to accredited Participating Driver of GET EXPRESS for their acceptance;
F. Sending a confirmation to you of the details of the Participating Driver who has accepted your Order;
G. Depending on your choice of payment: 1. If cash (COD), you will pay directly to the Participating Driver the fees and charges as stated in your Order upon pick-up by the Participating Driver of your Shipment.
IV. USE OF THE APPLICATION/SOFTWARE AND SERVICES:
By using the application/Software and the Services, you agree that:
A. You shall only use the application/Software and the Services for lawful purposes;
B. You shall only use the application/Software and the Services for the purpose for which it is intended to be used and not for any commercial purposes whatsoever and/or to produce any email advertisements or spam emails;
C. You shall only use application/Software and the Services for your own use and shall not resell, rent, lease, sub-license, distribute or transfer copies of the application/Software or the license for the use of the application/Software to any third party/ies;
D. You shall not use the application/Software and the Services for sending any unlawful materials, illegal drugs or substances and the like and/or for fraudulent purposes;
E. You shall not use application/Software and the Services to cause nuisance, annoyance, inconvenience or make fake bookings and/or in any way to track, stalk, harass or hurt any person;
F. You shall not use the application/Software and the Services for purposes other than obtaining the Services;
G. You shall not impair or circumvent the proper operation of the application/Software which the Services operates on, nor interrupt the normal operation thereof, nor use any methods to export and/or modify the source code of the application/Software;
H. You shall not modify, adjust, customize, revise, transfigure, convert the application/Software or create derivative works based on the application/Software supplied to you by GET EXPRESS;
I. You shall not try to harm the application/Software, in any manner whatsoever, such as, but not limited to, uploading and/or sending out any kinds of computer viruses, worms, Trojans or malicious codes;
J. You shall not copy or distribute the application/Software or other content of it without written permission from GET EXPRESS;
K. You shall keep secure your account password or any identification GET EXPRESS provides you which allows you access to the application/Software and to the Services and you shall immediately notify GET EXPRESS if the security of your account has been hacked and/or compromised;
L. You acknowledge and agree that only one (1) account can be registered on one (1) device and you shall not install and/or execute the application/Software on any device other than the mobile device running the operating systems approved by GET EXPRESS;
M. You shall only use an access point or data account which you are authorized to use;
N. You shall not use the application/Software in another person’s name and/or use the application/Software with property of others without his/her consent;
O. You are aware that when requesting transportation services thru SMS or use of the Services, standard telecommunication charges will apply;
P. You agree that the Services is provided on a reasonable effort basis;
Q. You agree that your use of the application/Software and the Services will be subject to GET EXPRESS Privacy Policy as may be amended from time to time;
R. You shall not employ any means to defraud GET EXPRESS or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by GET EXPRESS to encourage new subscription or usage of the Services by new or existing user;
S. You shall not contact the Participating Driver for purposes other than the Services;
T. You shall not intentionally or unintentionally cause or attempt to cause damage to the Participating Driver and his/her vehicle;
U. You shall provide GET EXPRESS complete and accurate information in submitting the Order, such as the quantity and description of the item/ s to be delivered, your choice of delivery-vehicle type, manner of payment, add-on services and handling instructions of the Shipment, if any, through the application/Software for initial determination of applicable rates.
V. GET EXPRESS reserves the right to take action that may be appropriate or permitted under the law against you, and/or any person which you represent or act under direction of, in the event you use the Service other than the purpose for which it is intended to be used.
V. YOUR DUTIES AND RESPONSIBILITIES, OBLIGATIONS, WARRANTIES AND UNDERTAKINGS:
By using the Services and the Third Party/Independent Carrier Services, you herein agree, acknowledge, warrant and undertake that:
A. You are of legal age and has the capacity to accept, agree, enter into and execute contracts under Philippine laws;
B. You shall submit your personal information to GET EXPRESS thru the application/Software and you shall provide GET EXPRESS with proof of identity as it may reasonably request or require;
C. You shall provide true, accurate, current and complete information as required for the Services and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, current and complete at all times during the term of this Agreement. You agree that GET EXPRESS may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, GET EXPRESS has the right, to terminate this Agreement and your use of the Services at any time with or without prior notice;
D. GET EXPRESS has the right to collect, use, keep, store, update and process your personal information to such extent, for and such time/ period, as may be necessary for GET EXPRESS to provide the Services, and consistent with its Privacy Policy. The submitted personal data may be used for and/or in the following purposes :
- The publication of your Order and the acceptance by the Participating Driver of the said Order;
- Confirmation and/or clarification of the Order information between you and the Participating Driver;
- Tracking the booked vehicle;
- Determining the compliance of the Terms and Conditions of Use;
- Addressing your complaint/s against the Participating Driver, if any;
- Verifying the truthfulness of the personal data you submitted;
- Compliance with legal process and investigation;
- Other acts or procedures which are reasonably necessary or connected with the provisions of the Services;
E. You are the owner or the authorized representative of the owner of the Shipment and that you accept and abide all the terms and conditions of this Agreement in using the application/Software, the Services and the Third Party/Independent Carrier Services, for yourself or the owner which you duly represent;
F. You have complied with all laws and regulations relative to the nature, condition, packing, handling, storage and carriage of the Shipment;
G. You shall not cause the delivery of any goods/items that are prohibited by law, dangerous and/or hazardous materials or substances, radioactive material which may be harmful to the Participating Driver and/or his/her delivery vehicle;
H. You represent and warrant that you are duly authorised by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details, and delivery address)
I. You shall hold GET EXPRESS free and harmless from any legal liability to the Participating Driver or any other party as a result of your breach or violation of this Terms and Conditions of Use and/or the Agreement (Annex “A” hereof) with the Participating Driver, Annex “A” hereof.
VI. FEES AND CHARGES:
A. You will be charged the Standard Transport Fee in accordance with the prevailing rates at the time the Participating Driver has accepted your Order;
B. The prevailing rates are indicated in the rates section of the application/Software and/or in GET EXPRESS website;
C. The fees and charges for the delivery of the Shipment will be determined in accordance with distance, specified maximum weight, size and quantity of the Shipment, the delivery vehicle used and the add-on services, if any and/or as needed;
D. An adjustment of the rates, including additional charges, shall be applied if the weight, size or quantity of the Shipment you declared is different from the actual weight, size and/or quantity of the said Shipment;
E. Additional charges, such as, but not limited to, Toll and/or Parking Fees and such other fees and expenses, which are necessary, related and/or incidental to effect the delivery of the Shipment to the recipient and/or the return of the Shipment to you shall be charged to your account and is not included in the fees and charges indicated in the Order;
F. In the event that the Shipment is not accepted and/or refused to be accepted by the recipient of the Shipment and/or any of his/her representative/s, any and all expenses for the return to the Shipment back to you shall be charged to you;
G. Cancellation of an Order made before the start of the pick-up time shall be free of charge. However, you shall be charged the full amount as indicated in the Order if you cancelled the Order once the pick-up time has started.
H. If you are using Cashless Transactions, the final adjusted rates and additional charges shall be charged to the sender or person who made the transaction.
VII. INTELLECTUAL PROPERTY OWNERSHIP:
Subject to your compliance with this Terms and Conditions of Use, GET EXPRESS grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
A. Access and use the application/Software on your personal/mobile device solely in relation with your use of the Services;
B. Access and use any content, information and related materials that may be made available through the Services, solely for your personal non-commercial use;
C. You herein acknowledge GET EXPRESS sole and exclusive ownership, management and control of the application/Software and Services, trademarks, tradename, trade secrets, all other proprietary information and/or all related intellectual property rights in and to the application/Software and Services, including any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you and/or any\other\party relating to the Services. Any unauthorized dissemination, reproduction, distribution, misuse, misappropriation, slander or any form of defamation of GET EXPRESS, GET EXPRESS application/Software and Services, trademarks, tradename, among others, shall give GET EXPRESS the unilateral right to terminate this Agreement;
D. Any rights not expressly granted herein and reserved by GET EXPRESS;
VIII. CONFIDENTIALITY:
“Confidential Information” refers to any and all data and information you acquired and/or accessed and will acquire and/or access, by installing and using the application/Software and the Services developed, owned and managed by GET EXPRESS, from time to time, such as, but not limited to, the following:
A. The Source Code in relation to the Software and/or the mobile app developed, owned and operated by GET EXPRESS;
B. The application contents of the Software, driver on-boarding data operation procedures, non-public financial information, trade secrets like applicable rebate programs for corporate users, business plans, copyrightable materials, operating procedures, non-public records, notes, reports, correspondences, supplier information and proprietary information; and
C. The trade secrets, techniques, marketing, Software and Services know-how, strategies and all proprietary information in connection to the use of the Software and Services of GET EXPRESS, are all confidential in nature and you herein undertake that you shall maintain complete confidentiality and shall not disclose any and all data and information to any third party and/or to a competing business entity. You further herein undertake that you shall, at all times and in perpetuity, retain such confidential or proprietary information in full confidence and shall not, at any time, disclose, publish, reproduce or otherwise make available said confidential information to any third party/ies and/or in your own business or affairs, to the prejudice and detriment of GET EXPRESS, its management, directors, officers, representatives and/or the Participating Drivers.
IX. DISCLAIMER:
A. GET EXPRESS is a technology company that does not provide delivery or transportation services, is not a delivery or transportation provider and is not engaged in the activities of a common or private carrier or a public utility;
B. The Participating Driver, a third party transportation provider, shall offer delivery or transportation services to you and it is up to you to accept such delivery or transportation services;
C. The service of GET EXPRESS is to link you with the Participating Driver but does not, nor is it intended to provide transportation services or any act that can be construed in any way as an act of a transportation provider;
D. GET EXPRESS is not responsible nor liable for the acts and/or omissions of the Participating Driver and/or any transportation services provided to you;
E. GET EXPRESS is not an agent, principal, partner or employer of the Participating Drivers;
F. GET EXPRESS shall not be liable for any misuse by the Participating Drivers of your personal information;
G. You shall receive and use the Participating Driver’s personal data (name and contact number) for the purpose of fulfilment of your Order, subject to the terms and conditions stated in the Agreement, Annex “A” hereof;
H. You shall be liable to the Participating Driver for any misuse of his/ her personal data and you agree to hold GET EXPRESS free and harmless from the misuse of the Participating Driver’s personal data;
I. GET EXPRESS does not perform, manage, supervise or control the Third Party/Independent Carrier Service. It is completely, exclusively and independently performed by the Participating Driver;
J. GET EXPRESS does not warrant the availability of Third Party/Independent Carrier Service or the availability of delivery of vehicles as may be requested thru an Order, the accuracy of the data or information provided as part of the Services, or the quality of the Third Party/Independent Carrier Service and the condition of the delivery vehicles provided by the Participating Drivers;
K. GET EXPRESS shall not be liable to you for any damages, claims or costs, including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device as a result of your installation of the application/Software and/ or availment of the Services or the Private Carrier Services using the Software;
L. GET EXPRESS shall not be liable for any loss or damages, including injuries which you and/ or the Participating Driver may suffer as a result of any breach and/or violation of the provision of the Third Party/Independent Carrier Service Agreement, Annex “A” hereof, contracted by you and the Participating Driver using the application/Software;
M. GET EXPRESS is neither responsible nor liable for any and all contents of the Shipment you are going you have shipped or delivered thru the Services;
N. GET EXPRESS does not warrant the performance of the application/Software or the compatibility of the application/Software with your mobile device;
O. GET EXPRESS is not responsible for any delays, delivery failures, damages or losses resulting from such limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning.
P. GET EXPRESS reserves the right, but not the obligation, to pursue investigations and/or inquiries on the conduct and/or alleged violations by Participating Drivers based on your report and/or complain, and to impose appropriate sanction/penalties on the Participating Driver, at the sole and absolute discretion of GET EXPRESS
Q. GET EXPRESS does not represent or warrant that 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.
R. GET EXPRESS does not make any representation or warranty of any kind whatsoever with respect to the Third Party/Independent Carrier Services provided by the participating drivers obtained through the use of the Service.
X. MISCELLANEOUS:
A. Amendments – by clicking the Agree/Accept button below, you agree that GET EXPRESS may, from time to time, amend the provisions of this Terms and Conditions of Use by posting such amendments and additional terms and conditions on its website and/or by sending notification on your mobile app. You shall be bound by such amendments on the Terms and Conditions of Use made by GET EXPRESS from the time of said posting..
B. Assignment – GET EXPRESS reserves the right to assign, transfer or sell any and all of its right, duties, benefits, privileges or obligations to any third party without the need of notice or consent from you. However, you may not assign your rights, duties, benefits, privileges or obligations to any third party under this Terms and Conditions of Use, including the Agreement between you and the Participating Driver, Annex “A” hereof.
C. Entire Agreement – It is the intention of the parties hereto that all the provisions of this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, define, determine, embody and represent the entire Agreement between you, GET EXPRESS and the Participating Drivers relating to the subject matter hereof. No representation, promise or inducement has been made by GET EXPRESS that is not embodied in this Terms and Conditions of Use.
D. Governing Law – This Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Philippines as well as applicable rules and regulations of governing agencies.
E. Liquidated Damages – You herein agree and undertake that should you be guilty of breach of any of the provisions of this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, you shall be liable to GET EXPRESS for liquidated damages equivalent to ________________.
F. Manifestation – You herein manifest that you have read and understood this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, and you herein undertake and agree to abide by the same.
G. Non-Circumvention – You undertake that you will not directly or indirectly, contact, deal with or otherwise be involved with the Participating Drivers, any entity, by or through other party, its officers, directors, agents or associates, for the purpose of avoiding the payment to GET EXPRESS of profits, fees or otherwise, without the prior written approval of GET EXPRESS.
H. Non-waiver – Failure of GET EXPRESS to exercise, enforce, and to insist upon a strict performance of any of the terms, conditions and covenants or provisions hereof shall not be deemed a relinquishment or waiver of any right or remedy that GET EXPRESS may have, nor shall it be construed as a waiver of any subsequent breach or default of the terms, conditions and covenant herein contained, which shall be deemed in full force and effect. No waiver by GET EXPRESS shall be deemed to have been made unless expressed in writing and signed by GET EXPRESS.
I. Promotions – GET EXPRESS reserves the exclusive right to introduce and enforce advertising and sales promotions from time to time.
J. Severability – Should any provision of this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, be declared null, void or unenforceable by any government agency or court of law, this shall not affect the other provisions of this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, which are capable of severance and which will continue unaffected. You herein agree that any provision of this Terms and Conditions of Use that have been declared null, void and unenforceable by any government agency or court of law shall be replaced with valid and enforceable provisions as closely aligned with the original intent as possible.
K. Termination – GET EXPRESS may immediately terminate this Terms and Conditions of Use or any Services with respect to you, or generally cease offering or deny access to the Software and the Services or any portion thereof, at any time for any reason.
L. Venue of Action – In the event of any dispute, controversy or claim, breach, termination or invalidity thereof, arising from, or relating to, this Terms and Conditions of Use, including the Agreement, Annex “A” hereof, the venue of the action shall be brought before the proper courts of Pasig City, Philippines only, to the exclusion of all other courts of equal and competent jurisdiction.
PRIVATE CARRIER SERVICES AGREEMENT
ANNEX A
The terms and conditions of this Private Carrier Services Agreement (the “Agreement”) stated herein constitute a legal agreement between you (the “User”) and the Participating Driver. By accessing and using the Services, both parties agree that both of you have read, understood, accepted and agreed with the terms and conditions of this Agreement and any future amendments and additions herein as published by GET EXPRESS from time to time, as well as to the representations you both made below. If you do not agree to the terms and conditions of this Agreement, you may not access or use the Services. GET EXPRESS may immediately terminate this Agreement or any Services with respect to both of you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
I. ADOPTION OF PROVISIONS AND DEFINITIONS:
All the provisions and definition of terms stated in the Terms and Conditions of Use shall be adopted in this Agreement.
II. THE PURPOSE:
The purpose of this Agreement is to set forth the rules between you and the Participating Driver by using the application/Software and the Services provided by GET EXPRESS.
III. THE PRIVATE CARRIER SERVICES:
The Private Carrier Services refer to the services provided by the Participating Driver to you, which includes pick-up, transportation and delivery of your Shipment from pick-up location to your intended destination within the Philippines using a booked vehicle as well as any add-on services as specified in the Order.
A. The Private Carrier Services will start:
- Once you submit the Order using the Software;
- The Order consists of the complete information of the Shipment, such as, but not limited to, the description and quantity of the item/s to be delivered, handling instructions, the pick-up location and the intended destination, the sender and the recipient of the Shipment, your preferred vehicle, add-on services, if any, your name and mobile number, and the corresponding amount due for the said carriage;
- With respect to the corresponding amount due for the delivery of the Shipment, all the provisions stated in No. III (G) – Choice of Payment, The Services and No. VI – Fees and Charges of the Terms and Conditions of Use will apply to this Agreement;
- The Participating Driver accepts the Order and diligently picked-up and delivers the Shipment as stated in the Order.
B. The Private Carrier Services will end once the Shipment will be handed-over to the recipient of the Shipment;
C. You herein agree, acknowledge and undertake that this Agreement exclusively handles the carriage of the Shipment and does not extend the carriage of person/s. In a very rare situation when you requested an add-on service that you and/or your representative will accompany the Shipment to the intended destination, it is the sole discretion of the Participating Driver to allow or disallow you and/or your representative to accompany the Shipment. You herein agree that a situation like this is exceptional in nature and may be allowed by the Participating Driver as necessary to minimize any risk of damage and/or loss to the Shipment. You herein assume any and all liabilities arising from the transportation of the accompanying person by the Participating Driver;
D. You herein acknowledge that the amount due for the delivery of the Shipment as indicated in the Order represents the cost of the private carrier services you availed and excludes the cost of the services for carrying and/or transporting the accompanying passenger/s.
IV. YOUR DUTIES AND RESPONSIBILITIES, OBLIGATIONS, WARRANTIES AND UNDERTAKINGS:
By availing the Private Carrier Services, you herein agree, acknowledge, warrant and undertake that:
A. You are of legal age and has the capacity to accept, agree, enter into and execute contracts under Philippine laws;
B. The Private Carrier Services you availed and will be rendered to you by the Participating Driver shall be governed by all the terms and conditions of this Agreement;
C. You are the owner of the Shipment and/or the authorized representative of the owner of the Shipment and you accept and abide all the terms and conditions of this Agreement;
D. The Participating Driver is a private carrier and is not a public utility or a common carrier person, hence, the laws and/or rules governing the public utilities or common carriers shall not be applicable to this Agreement;
E. You shall provide complete, accurate and specific information/details of the Shipment, such as, but not limited to, the description and quantity of the item/s to be delivered, handling instructions, the pickup location and the intended destination, the sender and the recipient of the Shipment, your preferred vehicle, add-on services, if any, your name and mobile number, before submitting the Order;
F. You have complied with all laws and regulations relative to the nature, condition, packing, handling, storage and carriage of the Shipment;
G. You shall not cause the delivery of any goods/items that are prohibited by law, dangerous and/or hazardous materials or substances, radioactive material which may be harmful to the Participating Driver or the delivery vehicle;
H. You shall be responsible for the proper packaging of your Shipment, durable enough to protect against possible damage while the Shipment is in transit, with proper label like “fragile” and/or “do not turn upside down”, to name a few;
I. Your failure to properly pack and put label on your Shipment shall be at your own risk and the Participating Driver is not responsible and liable to any and all damage that may occur while the Shipment is in transit;
J. Being the owner and/or the authorized representative of the owner of the Shipment, you undertake full responsibility for the contents of the Shipment and the Participating Driver is not obliged to open and/or inspect the contents of the Shipment and he/she shall not be responsible for any legal liability resulting from the transportation of your Shipment;
K. You herein assume any and all liabilities arising from the transportation of the accompanying person by the Participating Driver and further undertake to indemnify the Participating Driver against any and all claims, damages and liabilities arising from any incident which may occur on the account of the transportation of the said accompanying person, except if such liabilities are due to the fault of the Participating Driver;
L. You shall be solely liable for any loss and/or damage to be suffered by the Participating Driver and/or any other party as a result of your violation/s or breach of any and all of the terms and conditions of this Agreement;
M. You hold the Participating Driver free and harmless from any legal liability to any third party as a result of your violation and/or any breach of the terms and conditions of this Agreement.
V. THE PARTICIPATING DRIVER’S DUTIES AND RESPONSIBILITIES, OBLIGATIONS, WARRANTIES AND UNDERTAKINGS:
The Participating Driver, by rendering the Third Party/Independent Carrier Services to you, herein agrees, acknowledges, warrants and undertakes that:
A. He/She is of legal age and has the capacity to accept, agree, enter into and execute contracts under Philippine laws;
B. He/She is a duly licensed driver, a holder of a Professional Driver’s License duly issued by the Land Transportation Officer (LTO), Philippines, and has been accredited by GET EXPRESS to be a qualified Participating Driver;
C. He/She is the registered owner and/or the authorized driver of the owner of the delivery vehicle to be used in rendering the Third Party/Independent Carrier Services;
D. He/She is not engaged in the business of a public utility and/or a common carrier;
E. He/She is not an employee, representative, agent, principal or officer of GET EXPRESS;
F. The Third Party/Independent Carrier Services which he/she shall render to you shall be governed by all the terms and conditions of this Agreement;
G. He/She shall faithfully and diligently perform the duties and responsibilities in the transport of your Shipment in the manner provided for by this Agreement and will conscientiously comply with the Participating Driver’s Code of Conduct;
H. He/She has the skills, capacity and appropriate delivery vehicle to perform the Third Party/Independent Carrier Services in accordance with your instructions as specified in your Order;
I. He/She shall provide additional personnel, if necessary, as specified in your Order, and shall directly supervise and be responsible for the actions and outcome of the services of his additional personnel;
J. He/She shall be responsible for the compensation/salary of his said additional personnel;
K. Any and all violations the Participating Driver may incur while rendering his/her Third Party/Independent Carrier Services to you may be subject to investigation by GET EXPRESS, and if found guilty, the Participating Driver may be penalized and/or denied access to the application/Software, depending on the weight of his/her violation/s;
L. He/She has the option not to accept the Shipment if found to be prohibited by law, dangerous and/or hazardous materials or substances, radioactive material which may be harmful to him/her or the delivery vehicle. He/She may refuse receipt of the Shipment in case of reasonable suspicion that such items/foods contain the aforementioned;
M. He/She shall faithfully deliver the Shipment according to your instructions specified in your Order and he/she may solely rely on the information you provided in your Order as accurate, true and correct without conducting a verification of the same;
N. He/She shall not be liable for any delays in affecting the delivery of your Shipment for any reason whatsoever, except if the delay is directly caused by the his/her gross negligence or fault;
O. He/She shall not be liable for any loss or damage arising from, or in connection with, your violations of your duties and responsibilities, obligations, warranties and undertakings above mentioned;
P. He/She shall not be liable for any delay and/or failure to deliver the Shipment, loss or damages, due to force majeure, your act or omission and/or intervention of a third party;
Q. His/Her liability to you for loss or destruction of the Shipment shall be equivalent to the value of the Shipment as you declared in the Order.
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