How do these terms of service apply to me?
IMPORTANT – Please read these terms carefully. These Terms of Use ("Terms") govern your access or use, from within the Philippines of the applications, websites, content, products, and services (the "Services," as more fully defined below) made available in the Philippines by DBDOYC INC. (Company No. CS201610651) (the “Company”). By using this Service (as defined below), you agree that you have read, understood, accepted and agreed with this Terms of Use.
The terms and conditions stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and DBDOYC INC. (Company No. CS201610651) (the “Company”). By using the website, web service or mobile application (the ”Application”) supplied to you by the Company and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party independent transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at https://angkas.com/ or through the Application.
If you do not agree to all of the terms of service, or if you are not eligible or authorized to enter into this agreement, then do not use or download or otherwise access any part of the service. Using all or any part of the service will constitute acceptance and create a legally enforceable contract under which you agree to be bound by all of the terms of service, without modification.
The company is a technology company that does not provide transportation or delivery services. It is up to the third party independent transportation providers (the “transportation service provider”) to offer transportation services to you and it is up to you to accept such transportation services via the application. The service of the company is to link you with such transportation service providers. The company is neither responsible nor liable for the acts, negligence and/or omissions of any delivery service provided to you by the transportation service provider.
The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and/or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.angkas.com. It is your responsibility to review the Terms of Use regularly if you continue to use the Service whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
Please review the arbitration agreement set forth below carefully, as it will require you to resolve disputes with the company on an individual basis through final and binding arbitration. By entering this agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement and have taken time to consider the consequences of this important decision.
The terms and conditions stated herein (collectively, the “Terms of Service”) apply to your use of the website, web service or mobile applications (the “Application”) and any software associated with the Application (the “Software”; the Application and the Software shall be collectively referred to as the “Platform”) made available to you by DBDOYC Inc. (doing business under the name and style of Angkas Technologies) (the “Company”) in order that the Company may link independent third party transportation providers (the “Service Providers”) with end users (each, a “Customer”) to enable such Customers to avail of transportation solutions being offered by such Service Providers on the Platform (the “Service”).
The Terms of Service constitute a legal agreement between you and the Company. By using the Platform and the Service, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
The Company reserves the right to modify, vary and/or change these Terms of Service or its guidelines and/or policies relating to the Platform and the Service any time it deems fit. Such modifications, variations and/or changes to the Terms of Service or guidelines and/or policies shall be effective upon its publication at http://www.angkas.com or through the Platform. Your continued use of the Platform and the Service after any such modifications, variations and/or changes shall constitute your consent and acceptance of such modifications, variations and/or changes. Supplemental terms may apply to the Service Providers, as may be agreed between them and the Company, and such supplemental terms are incorporated by reference into and made a part of these Terms of Service.
The Company may, from time to time, disseminate and disclose supplemental terms, guidelines, and/or policies. If you do not agree with all or any part of the Terms of Service or if you do not have the legal capacity to enter into this agreement, please do not use, download or otherwise access any part of the Platform or use the Service.
You acknowledge and agree that the Company is a technology company and not a transportation services provider. You further acknowledge that the transportation solutions offered on the Platform are provided by the Service Providers and the Company makes no warranties with respect to Service Providers or the transportation solutions being supplied by them. It is up to the Service Provider to offer the transportation solutions and it is up to the Customer to accept such transportation solutions via the Platform. The entire risk arising out of a Customer’s use of transportation solutions offered by Service Providers remains solely and absolutely with such Customer and the Customer shall have no recourse whatsoever to the Company except as herein provided. The Service is limited to the operation of the Platform that will link Customers to Service Providers. The Company is not responsible for the acts and/or omissions of any Service Provider and may not be held liable for any liabilities, damages, losses, claims, and demands attributable to such Service Providers or arising out of, or otherwise in connection with, the transportation solutions being provided by them except if, in its limited capacity as operator of the Platform, any such acts and/or omissions are within the reasonable control of the Company or any such liabilities, damages, losses, claims, and demands arise as a direct result of or are directly attributable to the fault or negligence of the Company.
By using the Platform and Service, you represent, warrant, covenant, and acknowledge the following:
If you are a Service Provider, you further represent, warrant, covenant, and acknowledge the following:
If you are a Customer, you further represent, warrant, covenant, and acknowledge the following:
You agree to pay for the total cost of the transportation solution that you have booked through the Platform (the “Cost”) through any of the payment methods available on the Platform. Once your booking has been completed, you are required to make a full and non-refundable payment of the Cost to the Service Provider through the Platform. Any and all payment disputes must be coursed through the Company to ensure proper handling.
In the event that you opt to pay by way of a credit or debit card (“Card”), you will need to register a valid Card in accordance with the instructions on the Platform. You agree that the Company may verify and authenticate your Card and the details you have provided in relation to the Card. If the Card belongs to another person, you represent and warrant that you have obtained their clear and express permission to register and use the Card on the Platform. You agree that the Company may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method. The hold may appear in your statement as “pending.” The hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card. In the event your payment by way of the Card is processed overseas, you will be liable for and agree to any additional charges in relation thereto. You also expressly acknowledge that you will be responsible for resolving any disputes with your Card’s issuer.
The Company has the right to suspend the processing of any transaction if it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or if you have breached any clause of these Terms of Service. You agree to cooperate with the Company in the event of any investigation by governmental authority in relation to such transactions that are required or authorized under applicable laws, rules, and regulations.
You will be provided with a stored value facility wallet (the “Driver Wallet”), which may be used to receive the Cost from Customers. The Company shall in no case be involved in the management of the payments from the Customers except that it may act as your collection agent for the payment of the Cost and administer payments to and from you by way of the Driver Wallet. Any and all payment disputes must be coursed through the Company to ensure proper handling.
Your earnings from completed bookings will be displayed on the Platform. You may add funds (“Credits”) to your Driver Wallet through any of the options prescribed by the Company from time to time. You must at all times maintain the minimum Credit balance prescribed by the Company in order to use the Service. Your earnings from any Cost collected by the Company on your behalf will also appear as Credits in your Driver Wallet. Credits may be redeemed by cashing out from your Driver Wallet. You must have an active and valid account to purchase and redeem Credits.
The Credits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances and are not transferable to another party. You will not receive interest or other earnings on the Credits.
The Company charges a fee for your use of the Service (the “Fee”), which Fee shall be equivalent to twenty percent (20%) of the Cost. The Fee is payable by you by way of a deduction to the Credits on your Driver Wallet and is non-refundable. If a booking is canceled before the start of the trip, the Company will automatically undo the transaction with no charges incurred.
The Company may from time to time request information from you to confirm your identity before authorizing your use of your Driver Wallet in order to comply with applicable laws, rules, and regulations.
The Company is not responsible for unauthorized use of the Credits and reserves the right to suspend or void such Credits if it suspects that such Credits were obtained or used fraudulently, unlawfully, or otherwise in violation of the Terms of Service.
The Company has the right to suspend the processing of any transaction if it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or if you have breached any clause of these Terms of Service. You agree to cooperate with the Company in the event of any investigation by governmental authority in relation to such transactions that are required or authorized under applicable laws, rules, and regulations.
You agree that use of the Service and payments for transportation solutions are subject to all applicable statutory taxes, duties, fees, charges and/or costs, as may be in force from time to time. If you are a Service Provider, you acknowledge and agree that you are responsible for paying any tax due in respect of sums payable to you in connection with your provision of the transportation solutions.
You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company 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.
You acknowledge and agree that the Company may, at any time, without notice, modify, suspend or terminate this agreement and/or your access to all or any part of the Platform and/or Service at any time for violation of these Terms of Service or for any other cause. The Company may also suspend access to the Platform and/or Service as necessary to perform maintenance, correct errors or to make other changes. All outstanding payment obligations which you may have to the Company or to any Service Provider shall survive termination.
For the avoidance of doubt, the Company shall not be required to compensate, reimburse or cover any cost incurred by you in relation to the termination of this agreement and/or your access to all or any part of the Platform and/or Service.
The Company and its licensors, where applicable, shall own all rights, titles, and interests, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
The Company name, the Company logo, the Service, the Platform and logos, and product names associated with the Platform are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Platform shall include its respective components, processes, and design in its entirety.
The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, and limited license to use the Platform, solely for personal and non-commercial purposes, subject to these Terms of Service. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or its content in any way; (b) modify or make derivative works based on the Platform; (c) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (d) reverse engineer or access the Software in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Platform, or (iii) copy any ideas, features, functions or graphics of the Platform; (e) launch an 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, or unduly burdens or hinders the operation and/or performance of the Platform; (f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (g) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (h) remove any copyright, trademark or other proprietary rights notices contained in the Platform.
You shall not use the Platform 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; (d) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempt to gain unauthorized access to the Platform or its related systems or networks; or (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
The Company makes no representation that the Platform and/or Service is appropriate or legally available for use in locations outside the Philippines. Accessing and using the Platform and/or Service are prohibited in territories where doing so would be illegal. Users that access the Platform and/or Service from other locations do so at their own initiative and are responsible for compliance with local laws.
The Platform and/or the Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, including the device used by you or the internet service 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.
The Company processes personal data in accordance with its Privacy Policy available at https://www.angkas.com/privacy-policy. The terms of the Privacy Policy, as may be amended or modified from time to time, are incorporated by reference into and made a part of these Terms of Service.
By agreeing to the Terms of Service, you agree that you shall defend, indemnify, and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents harmless from any and all liabilities, damages, losses, penalties, claims, demands, judgments, costs, expenses, and proceedings of any nature whatsoever, in each case whether direct, indirect or consequential, and irrespective of whether they were reasonably foreseeable or avoidable, incurred, arising out of or in connection with: (a) your use of the Platform and/or the Service, your dealings with the Service Providers, and/or the Company’s partners; (b) your violation or breach of any of the Terms of Service or any applicable law, rules or regulation, whether or not referenced herein; (c) your violation of any rights of any third party, including the Service Providers; or (d) your use or misuse of the Platform and/or the Service.
Any claims against the Company by you shall in any event be limited to the aggregate amount actually paid by and/or due from you in utilizing the Service and transportation solution offered by the Service Provider during the event giving rise to such claims, without prejudice to any applicable insurance policy as may be provided by the Company solely out of its goodwill.
To the highest extent allowed by law, the Company and/or its licensors shall not be liable to you or anyone for any direct, indirect or any other kind of damages or losses of any type or kind (including personal injury, emotional distress, and loss of data, revenue, profits, use or other economic advantage). Neither shall the Company and/or its licensors be liable for any loss, damage or injury, whether direct or indirect, and of whatever kind, which you (or the person for whom you have booked the transportation solution) may incur, including but not limited to those arising out of, or in any way connected with: (a) the use, non-use, installation, update or failure to update the Platform; (b) any reliance placed by you on the completeness, accuracy or existence of any advertising; or (c) the Service Provider’s services and matters relating to transportation solutions provided by the Service Providers.
The Company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any Service Provider. You expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to the actions of the Service Providers.
The Company does not provide and is not responsible for providing or ensuring the provision of the transportation solutions by the Service Providers. The Company does not guarantee, beyond what it is able to ascertain in the course of its onboarding, skills assessment, and safety training processes, the quality, suitability, safety or ability of the Service Providers. Nonetheless, as a technology company owning the Platform that provides the Service, the Company employs measures for the promotion of road safety and responsible riding by both its users and transportation service providers.
The Company makes no representation, warranty or guarantee as to the reliability, safety, timeliness, quality, suitability, availability, accuracy or completeness of the Platform and/or the Service and the transportation solution obtained by you from Service Providers through the use of the Platform and/or Service.
The Company does not represent or warrant that:
The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the maximum extent allowed by law.
The Company may give notice by means of a general notice on the Platform, electronic mail to your email address in the records of the Company, or by written communication sent by courier, registered mail or pre-paid post to your address in the records of the Company. 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 one (1) hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by email or by letter sent by courier or registered mail to the Company using the contact details as provided on the Platform.
The Terms of Service as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this clause shall be void.
These Terms of Service shall be governed by the laws of the Republic of the Philippines. You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms of Service or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Platform and/or the Service at any time, whether before or after the date you agreed to the Terms of Service, shall be finally settled by arbitration in the Philippines in accordance with the rules and procedures of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) in force at the time of the dispute. The language of arbitration shall be English and the arbitration panel shall consist of three (3) arbitrators to be selected in accordance with PDRCI arbitration rules. The place of arbitration shall be in Makati or Manila City. The decision in writing of a majority of the arbitrators shall be final and binding on the parties. The fees of the arbitrators shall be borne equally by the parties, provided that the arbitrators may require that such fees be borne in such other manner as they determine is required in order for this arbitration clause to be enforceable under applicable law.
By agreeing to the Terms of Service, you agree that you are required to resolve any claim that you may have against the Company on an individual basis by arbitration, as set forth in this clause. This will preclude you from bringing any class action against the Company and also preclude you from participating in or recovering relief under any current or future class action brought against the Company by someone else.
Any claim, complaint or suit, whether of a civil, criminal, or administrative nature, based on any act or misconduct directly attributable to a specific Service Provider or Customer and occurring in connection with your use of the Platform and/or Service does not form part of this arbitration agreement, and may be pursued against the specific Service Provider or Customer in the appropriate court, forum or tribunal. Your election to file any such claim, complaint or suit does not, however, operate as a waiver of the enforceability of this arbitration agreement, which will continue to apply to any controversy, claim or dispute against the Company arising out of (a) and (b) above.
Nothing contained in these Terms of Service shall be construed as creating any joint venture, partnership or agency relationship between you, the Company or any Service Provider.
If any portion of these Terms of Service is found to be invalid, illegal or unenforceable for any reason, the invalid, illegal or unenforceable provision shall be severed from the Terms of Service and severance of such invalid, illegal or unenforceable provision shall have no impact whatsoever on the remainder of the Terms of Service or render any other portion of the Terms of Service to be invalid, illegal or unenforceable. The remaining provisions shall be enforced to the fullest extent under the applicable law.
The failure of the Company to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
The Terms of Service comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.