Section A – General Terms
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1.1. Your access and use of the 1app Service/s, as herein defined, constitute your absolute and unqualified consent to be bound by the Terms of Use, as appearing hereunder, and automatically perfect a legally binding agreement ("Agreement") between you and the Company. Likewise, by using the 1app Service/s, you agree that you have read and understood the Terms of Use.
1.2. 1app is a technology platform that connects users to obtain services provided by third-party providers. 1app's role is to link the user with such a third-party provider.
1.3. The Company, its directors, officers, and agents are not responsible for any third-party provider's acts and/or omissions, and any liability in relation to such services shall be borne by the third-party provider. Third-party providers shall not represent to be an agent, employee, or staff of the Company, and the solutions and services provided by third-party providers shall not be deemed to be provided by 1app and the Company.
1.4. The Company may amend the terms in the Agreement at any time without prior notice. Such amendments shall be effective once posted on 1app Websites or the Application. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
In this Terms of Use, the following words shall have attributed meanings below:
2.1. "Application" means the relevant mobile application(s) made available for download by the Company (or its licensors) through the 1app platform to Users and Third-Party Providers,;
2.2. “Company/1app” means the person or entity owning and managing, and operating the 1app technology platform;
2.3. "Software" means any software associated with the Application which is supplied and made available for download and installation by 1app;
2.4. "Third Party Provider" means the independent third parties who provide the Solutions or Service to Users, including Service Provider Partners and third-party merchants such as 1app Merchants and Driver Partners;
2.5. "1app Policies" means the following:
2.5.1. The 1app User / Third Party Provider Code of Conduct;
2.5.2. All other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
2.6. "Platform" means the relevant 1app technology platform, portal, or website owned, controlled and managed by the Company, which, when used in conjunction with the Application and/or Software, enables Users to request or access Solutions;
2.7. "Privacy Policy" means our privacy policy as amended from time to time;
2.8. "Personal Data" is any information that can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank, and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.9. "Service" means the linking of Users to Third Party Providers, or Other Users through the Platform;
2.10. "1app User" means any person who uses the Application and/or Software to search for and obtain the Solutions and bound by the Terms of Use;
2.11. "User Charges" shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions; and
2.12. "Solutions" means the following services, among others, which are made, or shall be made, available to Users through the Service (each a "Solution" ):
2.12.1. 1app TODAMAX (Tricycle Ride-Hailing, Tricycle Delivery etc.);
2.12.2. 1app Ride (Car Ride-Hailing, Taxi Ride-Hailing, Motor Ride-Hailing etc.);
2.12.3. 1app Mart (Grocery, Convenience store etc.);
2.12.4. 1app Palengke (Wet Market Goods etc.);
2.12.5. 1app Food (Foodies, Restaurant. etc.);
2.12.6. 1app Padala (Parcel Delivery, Cargo, Document Delivery etc.);
2.12.7. 1app Pagawa (Carpenter, Plumber, Electrician, Beautician etc.);
2.12.8. 1app for Medicine (Pharmaceutical etc.); and
2.12.9. Any such other services which 1app may make available from time to time.
3.1. Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application and/or Software. While the Company continuously develop the Application and/or Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application and/or Software is likely to be accessed from, the Company does not warrant the compatibility of the Application and/or Software with specific mobile devices or other hardware.
4.1. By using the Service, you represent, warrant / undertake that:
4.1.1. All the information you provide are true and accurate;
4.1.2. You will not authorize others to use your identity or user status, and you may not assign, or otherwise transfer, your user account to any other person or entity;
4.1.3. You will keep your account password or any identification the Company provides you, which allows access to the Platform, secure and confidential;
4.1.4. You will maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Service. You are responsible for all activity that occurs under your user account, and you agree to maintain the security and secrecy of your account password at all times.
4.1.5. You have the legal capacity to enter into the Agreement and that you are at least eighteen (18) years old;;
4.1.6. If you are below the age of 18 years of age, you have obtained consent(s) from legal parents or guardian(s) to this Agreement prior to you using 1app and availing the Services, and they agreed to take responsibility of actions and any charges that may apply;
4.1.7. You shall not impair or circumvent the proper operation of the network which the Service operates on;
4.1.8. You will only use the Application for their intended and lawful purposes;
4.1.9. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards 1app or any third party;
4.1.10. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation, modify any of the Application's content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
4.1.11. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
4.1.12. You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud 1app or to disrupt the natural functions of the Application; and
4.1.13. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security;
4.1.14. You will provide accurate, current, and complete information as required for the Service and undertake the responsibility to maintain and update your information promptly to keep it accurate, current, and complete at all times during the term of the Agreement.
4.1.15. You agree that 1app and the Company may rely on your information as accurate, current, and complete.
4.1.16. You acknowledge that if your information is untrue, inaccurate, not current, or incomplete in any respect, the Company has the right, but not the obligation, to terminate this Agreement and your use of the Service at any time with or without notice;
4.1.17. You will not try to interrupt or harm the Application and/or the Software in any way;
4.1.18. You provide the Company the phone numbers of 1app users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorized to provide the Company with such numbers to enhance your use of the Service.
4.1.19. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Service which the Company may reasonably request or require, and you agree that you may be denied access to or use of the Service if you refuse to provide proof of identity or other method of identity verification.
4.1.20. You agree to assist the Company and the platform with any internal or external investigations as may be required by in complying with any prevailing laws or regulations in place; and
4.1.21. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
4.1.22. You will not copy, or distribute the Software or other content without written permission from the Company;
4.1.23. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any other party as a result of your breach of this Agreement.
4.1.24. You will only use an access point or data account which you are authorized to use;
4.1.25. You agree that your use of the Service will be subject to 1app's Privacy Policy as may be amended from time to time;
4.2. If you are a Third Party Provider, you further represent, warrant / undertake that:
4.2.1. You are duly licensed and have the legal authority and the proper training to provide the services you have made available through the platform;
4.2.2. If applicable, you possess all the appropriate licenses, approvals, and authority, including, as may be applicable, a driver’s license and business permit, to provide the applicable services, for hire to third parties in the jurisdiction in which you use the Service;
4.2.3. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your vehicle and/or business insurance to cover any anticipated losses related to the operation of your services;
4.2.4. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
4.2.5. If applicable, you own, or have the legal right and authority to operate, the vehicle or motorcycle, ("Vehicle"), or any other property, which you intend to use when accepting Users, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;
4.2.6. If applicable, you will use the appropriate road safety equipment (e.g. helmet, reflectorize vest) in the use of the Vehicle;
4.2.7. You shall obey all local laws related to the of your particularservice and will be solely responsible for any violations of such local and national laws, rules and regulations;
4.2.8. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage, loss and damage to goods being conveyed or delivered or delays in the rendition of services, if applicable or unless otherwise provided, which is due to or is alleged to be a result of the service provided by you;
4.2.9. You shall absolutely and unqualifiedly indemnify and hold harmless the Company, its directors, and officers from any liability, cause of action, or claim arising from or in any way related to the delivery of your services to Users;
4.2.10. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of 1app, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;
4.2.11. You shall not contact Users for purposes other than in connection with the Service;
4.2.12. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
4.2.13. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of the platform’s information or information related to the Application or the Service. A breach hereof constitutes a grave offense and may be treated as industrial espionage or sabotage, and the Company reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event, you use the Service other than for the purpose for which it is intended to be used; and
4.3. If you are a User, you further represent, warrant / undertake that:
4.3.1. Your use of the Service is for your own sole, personal use or, where permitted, for the benefit of another person who is below 18 years of age, in which case you shall assume primary responsibility over him/her;
4.3.2. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the transportation Service. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the third party transportation provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;
4.3.3. You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings of the Services;
4.3.4. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider;
4.3.5. You shall not contact the Third Party Provider for purposes other than the Service;
4.3.6. Where applicable, you will not copy any content displayed through the Platform, including any third party product content and reviews, for republication in any format or media;
4.3.7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;
4.3.8. You agree that 1app, or the Company, may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
4.3.9. You are aware that when requesting Solutions by using the Service, standard telecommunication charges will apply; and
4.3.10. You acknowledge and agree that only one (1) account can be registered on one mobile device.
5.1. Payment Terms for Third Party Providers
5.1.1. The Company may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users, whereby these promotional offers shall accordingly be honored by you. 1app or the Company may change the Service Fee at any time at its sole discretion;
5.1.2. Any fees which you pay 1app for the Service are due immediately and are non- refundable ("Service Fee "). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by the Company from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever;
5.1.3. Payment by User is facilitated by the Company, through the platform, on behalf of the Third Party Providers. All payments are due immediately and payment will be facilitated by the Company, through the 1app using the preferred payment method designated in User account which includes cash payment, made at the time of delivery.
5.1.4. You acknowledge and confirm that the Company, through 1app or any other platform, it seems beneficial or expedient, may administer and act as your collection agent to pay to you the total amount of user charges due to you in respect of your provision of the Solution.
5.1.5.1. Cash Balance: The Company shall administer payments to you and from you by way of a wallet system (the " Driver’s Cash Balance“). Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver 1app Wallet, or to such other recipient accounts as are made available in the Application. 1app reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Use, as are authorized by you, or as are notified to you via the Application.
5.1.5.2. Credit Balance: In addition to your Driver’s Cash Balance, you must also maintain with 1app a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to 1app by you of commissions and other fees and charges applicable under these Terms of Use. You must at all times maintain a minimum credit balance (“ Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by the Company, and shall be notified to you via the Application. It may be changed at any time at the Company’s sole discretion.
5.1.5.3. You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. Balance may be added in any manner prescribed by the Company, through 1app, from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).
5.1.5.4. Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. The Company may receive interest on amounts that 1app holds on your behalf. You agree to assign your rights to the Company or 1app for any interest derived from your Credits.
5.1.5.5.1app Wallet: Where available, Drivers will be provided with a 1app Wallet stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver’s Cash Balance pursuant to clause 6.1.4 above, as well as make payments, remittances and transfers of funds to other Users. Usage of your Driver’s 1app Wallet will be governed by the 1app Wallet Terms of Use.
5.2.1. Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
5.2.2. If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.
5.2.3. Automated payment may be made by credit card and or debit card, by 1app Wallet or alternative e-Wallets or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the 1app Wallet Terms of Use.
6.1. For Third Party Providers:
6.1.1. The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of 1app and the Company;
6.1.2. While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. The Company reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted or permanently cancelled.
6.2.1. If you decide to cancel your booking, you may be charged a Cancellation Fee or such other penalties as the Company may notify from time to time via the cancellation policy.
6.2.2. All services or delivery bookings placed on the Application are treated as confirmed. Our cancellation policy depends on your order status:
6.2.2.1. Cancelling before the Third Party Provider accepts the service : You can cancel any time BEFORE the Third Party Provider accepts the service through the Application and no charge for any payment shall be made.
6.2.2.2. Cancelling after the Third Party Provider accepts the service: You shall not be entitled to cancel the service you availed once you have received a confirmation. If you cancel the service availed after it has been confirmed, you remain liable to pay the value of the service and/or delivery fee in full.
6.2.2.3. You shall also be liable to pay the value of the food, item, service and/or delivery fee if you failed to collect the confirmed delivery within a reasonable time upon arrival for any reason.
6.2.3. If you feel you were incorrectly charged a Cancellation Fee, you may contact the Company, through the 1app, for assistance. The Company reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the 1app Wallet Credits or such other method as is deemed reasonable by the Company.
7.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided;
7.2. Every rating will be automatically logged onto 1app’s system and the Company may analyze all ratings received. 1app may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
8.1. Any complaints between Third Party Providers and Users must be taken up with each other directly. Such complaints include, but are not limited to, complaints involving: (a) defects, safety, and/or imperfections of products or goods ordered or purchased by Users; (b) deceptive, inaccurate, or insufficient labeling, packaging, or information regarding the products or services sold or offered for sale by Third Party Providers, as applicable; (c) loss or damage to goods incurred during conveyance or transport, as applicable or unless otherwise provided; (d) delays in delivery, as applicable or unless otherwise provided; or
(e) other liability under applicable consumer protection, commercial, and criminal laws and/or administrative rules and regulations.
8.2. For the avoidance of doubt, the Company is not involved in and will not be responsible for any arrangement between you and the Third Party Providers
9.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend the Company and 1app to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
9.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
10.1. The Company and its licensors, where applicable, grant you a revocable, non- exclusive, non-transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the company and its licensors.
10.2. You shall not:
10.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
10.2.2. “mirror” the Application / Software on any other server or wireless or internet- based device;
10.2.3. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
10.2.4. use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; and (d) modify or make derivative works based on the Application and/or the Software;
10.2.5. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
10.2.6. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract the software from, this Application or any software or services made available on or through the Application; and
10.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform.
11.1. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company, 1app and/or its licensors. The Company’s name and mark, 1app’s logo, the Service, the Software and/or the Application and the Third Party Providers’ logos and the product names associated with the Software and/or the Application are trademarks of 1app or the Third Party Providers, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include their respective components, processes and design in its entirety.
11.2. The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
12.1. You shall maintain in confidence all information and data relating to 1app, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of 1app (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from 1app, or any of its affiliate companies,
or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without 1app’s prior written consent, disclose such information to any third party nor use it for any other purpose;
12.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information;
12.2.1. was received from a third party having the right to disclose it;
12.2.2. was at the time of receipt already in your possession;
12.2.3. is required to be disclosed by law; and
12.2.4. is, or becomes in the future, public knowledge through no fault or omission on your part.
13.1. During use of the Service, you may enter into correspondence or transactions with the Third Party Providers who display or offer their goods and/or service through the 1app Platform. Any such communication or agreement is strictly between you and the applicable Third Party Provider and the Company and its licensors shall have no liability or obligation for any such communication or agreement. Neither the Company nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall the Company, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain Third Party Providers may require your agreement to additional or different terms of use or privacy policies prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. The Company is not liable for any information that you provide to or authorize us to provide to a Third Party Provider, or for such Third Party Provider’s collection, use and disclosure of such information;
13.2. The Company may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“ Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk. By using the Services, you agree that the Company shall1appshall not be liable in any manner due to your use of, or inability to use, any website or widget;
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13.3. The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings. You agree and allow the Company and the platform to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
14.1. Nothing contained in this Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with the Company or 1app.
15.1. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.
16.1. The Company collects and processes your personal data in accordance with its Privacy Policy. The Privacy Policy applies to all of 1app’s Services and its terms are made a part of this Agreement by this reference;
16.2. You acknowledge that the Company may disclose personal data of other individuals to you in the course of your use of 1app’s Services. You represent and warrant that you will only use such personal data for the purpose for which it was disclosed to you by 1app, and not for any other unauthorized purposes;
16.3. Where applicable, you agree and consent to the Company, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing personal data as further described in our Privacy Policy.
17.1. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold the Company, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) where applicable your ownership, use or operation of any Vehicle or property, including your provision of Solutions to Users via the Service where applicable; or (f) the provision by Third Party Providers, as applicable, of false, inaccurate, deceptive, fraudulent, or otherwise illegal information, including but not limited to (i) product, price or promotional information, (ii) service information, or (iii) other information required to be disclosed by applicable law and/or administrative rules and regulations;
17.2. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold the Company, 1app, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, Third Party Providers’ terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any vehicle or property, including your provision of Solutions to Users via the Service where applicable.
18.1. The service, platform, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic
communications including the device used by the User or the Third Party Provider being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
19.1. The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, and Application. The Company and 1app do not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
19.2. The Company makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to 1app in respect of the same.
19.3. The Company1app disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. The Company does not guarantee the quality, suitability, safety or ability of Third Party Providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
20.1. If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
21.1. In the event a problem arises in a transaction, the User and Third Party Provider/s agree to communicate with each other first to attempt to resolve such dispute by mutual discussions. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
21.2. Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against the Company or its Affiliates in relation to any transaction made on the Application and/or Software Site or any dispute related to transactions with respective Third Party Provider/s.
21.3. This Terms of Use shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use or the Service shall be referred to the Philippines Dispute Resolution Centre (“PDRC”), in accordance
with the Rules of the PDRC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and 1app (the “Arbitrator ”). If you and 1app are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRC in accordance with the Rules. The seat and venue of the arbitration shall be Manila, in the English language and the fees of the Arbitrator shall be borne equally by you and 1app, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
22.1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against the Company by the User shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims.
22.2. The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to the User and Third Party Provider, including but not limited to:
22.2.1. any reliance placed by you on the completeness, accuracy or existence of any advertising;
22.2.2. loss, damage or injury arising out of, or in any way connected with the service, the platform, application and/or the software;
22.2.3. the use or inability to use the service, the platform, application and/or the software;
22.2.4. the quality of the solutions scheduled through the use of the service is entirely the responsibility of the third party provider who ultimately provides such solution to you. you understand, therefore, that by using the service, you may be exposed to transportation, goods, products, services, or other conditions that are that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk; and
22.2.5. as a result of any relationship or transaction between the User and any Third Party Provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, the application and/or the software.
22.3. The Company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any Third Party Providers and you expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to the Third Party Providers, merchants, advertisers and/or sponsors.
22.4. The Company will not be a party to disputes, or negotiations of disputes between you and third party providers including Third Party Providers, merchants, advertisers and/or sponsors unless you are a corporate customer with a current corporate account with 1app, the Company cannot and will not play any role in managing payments between Users and the Third Party Providers, including advertisers and/or sponsors.
22.5. The responsibility for the decisions the User make regarding services and products offered via the service, the software and/or the application (with all its implications) rests solely with the User. The User expressly waives and releases the Company from any and all liability, claims, causes of action, or damages arising from your use of the service, the software and/or the application, or in any way related to the User or Third Party Provider, including advertisers and/or sponsors introduced to the User by the service, the software and/or the application.
23.1. This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of 1app but may be assigned without your consent by 1app. Any purported assignment by you in violation of this section shall be void.
24.1. 1app may give notice through the Application, electronic mail to your email address in the records of 1app, or by written communication sent by registered mail or pre-paid post to your address in the record of 1app. Such notice shall be deemed to have been given upon the expiration of Forty-Eight (48) hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to 1app (such notice shall be deemed given when received by 1app) by letter sent by courier or registered mail to 1app using the contact details as provided in the Application.
25.1. You agree that we may do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (b) to modify or change any applicable policies or terms; and
(c) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
25.2. The Company and 1app may restrict you from accessing or using the application and from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where 1app reasonably suspects that you have, or are likely to, breach this Agreement; and/or you do not, or are likely not to, qualify, under applicable law or the standards and policies of 1app and its affiliates, to access and use the Services.
26.1. Unless expressly provided herein, this agreement does not give rights to any third parties who is not party to this Agreement.
27.1. This Agreement comprises the entire agreement between you and the Company, and supersedes any prior or contemporaneous negotiations or discussions.