Terms and Conditions

I. ACCEPTANCE OF THE PRESENT TERMS AND CONDITIONS

Acceptance and agreement to the present Terms and Conditions is voluntary, and persons who do not wish to be bound are free not to accept, or if accepted, to discontinue using the application or service provided by GoMoto Philippines (“GoMoto”). However, in order to use any application/software or to avail of any services supplied by GoMoto, you must agree with the present Terms and Conditions. Any submission of application for registration to become GoMoto partner-driver / partner-transporter / partner-vehicle operator shall constitute understanding, acceptance and agreement with the terms and conditions set forth below, as well as those embodied on other documents provided by GoMoto. By accepting and agreeing to the present Terms and Conditions, you warrant that all your statements and representations are true and correct.

The terms and conditions stated herein (which shall be referred to as either “Terms and Conditions” or “Agreement”) shall be legally binding between you and GoMoto. By downloading, installing, and/or using the mobile application supplied to you by GoMoto (to be referred to as the “Application), or any of the associated or allied software (to be referred to as the “Software”), it shall be understood that you agree to be bound by the Terms and Conditions and any future modification thereto as may be issued and published by GoMoto Philippines in its official website at www.gomoto.com.ph, or through the application supplied by GoMoto Philippines. In this regard, GoMoto reserves the right to introduce modification and changes on the present Terms and Conditions, or to its policies relating to its supplied Service.

For having accepted the present Terms and Conditions, you hereby agree and bind yourself that you shall be responsible to regularly check and review this Terms and Conditions. Continued use of the Application/Software or continued availment of the Service shall constitute continued understanding, acceptance and agreement to the Terms and Conditions, including its modifications and changes.

 

II. PURPOSE OF THE APPLICATION / SOFTWARE / SERVICES

The purpose of the Application, Software and Service is to enable persons in need of delivery services to certain destinations to be complemented with delivery service providers such as drivers and vehicle operators. GoMoto, though its services, shall provide information and method for those in need of courier services (your Customers/Users) to establish contact with you as GoMoto’s partner-driver / partner-transporter / partner-vehicle operator. However, by way of disclaimer, GoMoto does not provide courier services, or in any manner act as a carrier operator. Thus, it shall have no liability for any courier services that you may provide to the Customers/Users.

 

III. NON-ENGAGEMENT IN COURIER SERVICES

GoMoto is a technology company that provides Application and Software, and is neither delivery service provider nor engaged in providing delivery services. The Application and Software provided by GoMoto is only a tool to provide convenient method of contact for its partner-drivers / partner-transporters / partner-vehicle operators and the latter’s Customers/Users who may be in need of courier services. As such, GoMoto shall not be responsible or liable for damages that your Customers/Users may sustain for any act or omission you commit, whether deliberately or through negligence, whether illegal or otherwise, even if such damages were sustained while you are in the performance of your function as driver/transporter/vehicle operator. Any service that you may provide to your Customers/Users through the use of the Application/Software supplied by GoMoto shall not be considered as service rendered by GoMoto.

As GoMoto’s partner-driver / partner-transporter / partner-vehicle operator, you shall at all times refrain from making any misrepresentation or claim that you are an agent or employee of GoMoto, or any misrepresentation or claim that the courier service that you are providing your Customers/Users is on behalf of GoMoto. Misrepresentations as to the nature of your relationship with GoMoto, and/or to the nature of the service being provided by you or by GoMoto, shall be dealt with accordingly.

 

IV. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the present Terms and Conditions, and:

1. That you are at least eighteen (18) years of age, and with full legal capacity to enter into contractual relationship.
2. That you have the right, authority and capacity to use the Application/Software service supplied by GoMoto, and to abide by the Terms and Conditions.
3. That all the information that you provide is true and correct.
4. That you are using the Application/Software service supplied by GoMoto for your own sole, personal use.
5. That you undertake not to 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.
6. That you possess a valid driver’s license, and that you are authorized to operate a motorcycle and E vehicle. Any valid government ID is required for non-motorized units.
7. That you possess all the appropriate licenses, approvals and authority to engage in courier services for hire to third parties within the jurisdiction in which you are using GoMoto’s service.
8. That you own, or have the legal right and authority to operate, the vehicle which you intend to use when accepting Customers/Users, and that such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind.
9. That you have secured a valid liability insurance policy (in industry-standard coverage amounts) for the operation of your motor vehicle, and/or business insurance to cover for any anticipated losses related to the operation of your delivery service.
10. That 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 damages, which is due or may be due as a result of the delivery service.
11. That when using the Application/Software service supplied by GoMoto, you agree and undertake to comply with all applicable laws of the Philippines, as well as rules and regulations of it’s duly constituted authorities, which you shall be solely responsible for any violation thereof.
12. That you will only use the Service for lawful purposes, and that you will not use the Application/Software for sending or storing any unlawful material, or for use in any fraudulent purposes.
13. That you agree that you will give utmost cooperation on any investigation, criminal or otherwise, that is required to be taken by or conducted by the authorities, and to assist GoMoto in complying with any internal investigations and/or instructions from the authorities as may be required by the prevailing laws or regulations in place.
14. That you will only use the Service for the purpose for which it is intended to be used.
15. That you will not use the Application/Software to cause nuisance, annoyance, inconvenience or make fake bookings.
16. That you will not impair the proper operation of the network.
17. That you will not try to harm the Service, Application/Software in any way whatsoever.
18. That you will not copy or distribute the Software or other content without written permission from the GoMoto.
19. That you will only use the Software/Application for your own use and will not resell it to a third party.
20. That you will keep secure and confidential your account password or any identification that GoMoto may provide you, which would allow you access to the Service.
21. That you will provide GoMoto with whatever proof of identity that may reasonably be requested or required.
22. That you agree to provide accurate, current and complete information as required for the Application/Software, and to undertake the responsibility in maintaining and updating your information in a timely manner to keep it accurate, current and complete at all times during the term of your partnership with GoMoto. You agree that GoMoto may rely on your information as accurate, current and complete, and that you acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the GoMoto has the right but not the obligation to terminate its partnership with you, as well as your use of the Service at any time with or without notice.
23. That you will only use an access point or data account, which you are authorized to use.
24. That you shall not employ any means to defraud GoMoto or enrich yourself, through any means at the expense of GoMoto, whether fraudulent or otherwise, whether or not it was through any event, promotion or campaign launched by GoMoto to encourage new subscription or usage of the Service by new or existing customers.
25. That you are aware that when responding to Customers’/User’s requests for courier services, standard telecommunication/internet charges will apply, which shall be solely borne by you.
26. That you shall not impair or circumvent the proper operation of the network which the Service operates on.
27. That you agree that the Service is provided on a reasonable effort basis.
28. That you agree that your use of the Service will be subject to the GoMoto’s Privacy Policy as may be amended from time to time.

You may only access the Service using authorized and legal means. It is your responsibility to check and ensure that you download the correct Software for your device, and that the version is not counterfeit. In case of use of counterfeit or pirated versions of the Application/Software, or in case of misuse of the Application/Software, GoMoto shall have the right to terminate its partnership with you.

GoMoto is not, in any way, guaranteeing or warranting the compatibility of its provided Application/Software with your device, and shall not be liable, in any manner, in case of such incompatibility.

 

V. GRANT OF LICENSE AND RESTRICTIONS

For being a partner-driver / partner-transporter / partner-vehicle operator, GoMoto is granting you license to use the Application/Software. However, it is understood that the grant shall be revocable, non-exclusive, non-transferable, non-assignable, and shall only be for your own personal use, subject to this Terms and Conditions. GoMoto reserves all rights not expressly granted.

It is likewise agreed upon that the grant of license to you prohibits you from doing the following:

1. Licensing, sublicensing, selling/reselling, transferring, assigning, distributing or otherwise commercially exploiting or making available to any third party the Application/Software in any way.
2. Modification of making derivative works based on the Application/Software in any way.
3. Creating internet links to the Application or “frame” or “mirror” any software or any other server, or wireless or internet-based device.
4. Reverse-engineering or accessing the Software in order to build a competitive product or service, or a product or services using similar ideas, features, functions or graphics or the Application/Software, or copy any ideas, features or graphics of the Application/Software.
5. Launching 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 that can make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application/Software.
6. Using 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 Services or its contents.
7. Posting, distributing or reproducing, in any way, materials that are copyrighted or trademarked in the name of GoMoto, or other proprietary information without obtaining the prior consent of GoMoto.
8. Removing any copyrighted or trademarked materials or notices, or other matters for which GoMoto has proprietary rights, contained in the Service.

In using the Application/Software, you are likewise prohibited from doing the following:

1. Sending spam or duplicative unsolicited messages.
2. Sending or storing of 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.
3. Sending of materials containing software viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs.
4. Interfering with, or disrupting, the integrity or performance of the Application/Software or the data contained therein.
5. Attempting to gain unauthorized access to the Software/Application or its related systems or networks.
6. Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity
7. Abstaining from any conduct that could possibly damage GoMoto’s reputation, or tends to bring said reputation to disrepute.

 

VI. TERMS OF PAYMENT

Fees that GoMoto may charge you for your availment of the former’s service shall be due and demandable immediately, and shall not be subject to refund notwithstanding any termination or pre-termination of your availment of GoMoto’s service, or whatever disruption that may be caused to the service, for any reason, regardless of whether said disruption is intentional or non-intentional at the instance of any party.

The fee due to GoMoto for using its Application/Software may be fixed at a maximum of twenty percent (20%) of the fee paid to you by your Customer/User for every time that a Customer/User uses your delivery service. The applicable rate of fee shall, from time to time, be determined by GoMoto at its discretion. It is understood that a portion of the total amount of payment paid to you by your Customers/Users is earmarked in favor of GoMoto as your fee for using the Application/Software.

Whenever GoMoto, at its sole and absolute discretion, makes promotional offers with different features and rates to the customers, you shall be bound to comply with the said promotional offers.

 

VII. PAYMENT BY CUSTOMERS

Subject to change upon GoMoto’s sole discretion, Customers/Users shall pay for the Service on cash basis. GoMoto reserves the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal, when it involves any criminal activity, or where it reasonably believes there was a breach of the present Terms and Conditions. In this regard, GoMoto shall, in no case, be held liable for withholding of payment to you.

 

VIII. TAXES

The present Terms and Conditions shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend GoMoto 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 Services supplied under this agreement.

 

IX. CONFIDENTIALITY OF INFORMATION

Confidential information and data about GoMoto, its services, products, technical and commercial affairs, marketing promotion plans, intellectual properties, any of GoMoto’s projects or programs, or information on other aspects of its operations that you may acquire by reason of your partnership with GoMoto, or any such confidential information that GoMoto may have received from a third party, shall not be disclosed to any person during the existence of said partnership, or at any time thereafter, without the written permission or authority from GoMoto. Any violation of this undertaking on confidentiality that you may commit, whether directly or indirectly, shall subject you to penalty amounting to P 300,000.00, without prejudice to the filing of appropriate legal action before the proper court or tribunal.

You are not allowed to have another/other partnership with businesses related/similar to that of GoMoto’s business industry while there is an existing partnership with GoMoto.

It is understood that any confidential information about GoMoto that you may have shall only be an aid to you in performing the Services. Disclosure shall be excused only on the following instances:

1. When it is sufficiently and convincingly proven that the confidential information was already known to the recipient of the information at the time of disclosure.
2. When the confidential information becomes publicly known in the future without fault on your part.
3. When you have given the confidential information to a person who has the right to disclose it.
4. When the disclosure is required by law.

 

X. PERSONAL DATA PROTECTION

By accepting the present Terms and Conditions, it is understood that you are allowing and authorizing GoMoto to use and process your personal data, namely your name, IDs and document numbers (of documents such as birth certificate, passport, Driver’s License etc.), nationality/citizenship information, address, contact number(s), email address(es), credit and debit card details, and other information found in the various forms that you have provided to GoMoto. These personal data may include information on your health and religious beliefs.

The giving of personal information, though voluntary on your part, would be required by GoMoto for purposes of completing the processing of your application. Failure to provide such personal information as may be required may cause you to be disallowed to avail of, or to use, GoMoto’s service.

In processing your personal information, GoMoto shall be using them for the following purposes:

1. To perform GoMoto’s obligations in respect of any contract entered into with you.
2. To provide you with any service pursuant to the Terms and Conditions as embodied herein.
3. To process your participation in any events, promotions, activities, focus groups, research studies, contests, polls, surveys or any production matters, and to communicate with you regarding applicable schedules and your attendance thereto.
4. To process, manage or verify your application for the Service pursuant to the Terms and Conditions herein.
5. To validate and/or process payments pursuant to the Terms and Conditions herein.
6. To develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet your needs.
7. To process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein.
8. To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein.
9. To respond to questions, comments and feedback from you.
10. To communicate with you for any of the purposes listed herein.
11. For internal administrative purposes, such as auditing, data analysis and database records.
12. For purposes of detection, prevention and prosecution of crime.
13. To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from GoMoto, its partners, advertisers and/or sponsors.
14. To notify and invite you to events or activities organized by GoMoto, its partners, advertisers, and/or sponsors.
15. To share your personal information among the companies within GoMoto’s group of companies, and the group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

In the event that you desire to withhold your consent on one, some or all of the abovementioned purposes for which your personal information may be used, you shall notify GoMoto using the contact details provided in the Application.

Updating of any of your personal information shall be effected through a notice/request for such updating using the contact details provided in the Application in case any of your personal information has changed. GoMoto shall effect such changes as requested within one (1) working day from receipt of the notice/request. It is understood that giving notice/request for updating of personal information constitutes consent on your part for GoMoto to use the information to be updated.

 

XI. THIRD PARTY INTERACTIONS

While you are using the Service, you may enter into transactions with third persons, which third-party interactions may include but not limited to, sale and purchase transactions, advertisements, or any other activity as you may deem fit, using the Application/Software. Since the said transactions would be taking place only between you and the third party, and GoMoto, for not being privy thereto, shall be free and harmless from any claim, liability and/or obligation that may arise from your transactions. Therefore, you shall be fully responsible on all such transactions or interactions you may enter into with third persons.

GoMoto shall not endorse any online applications or websites that are linked to its Application/Software, and in no instance shall GoMoto be held responsible for any content or materials available or made available by such third party providers. This, however, does not negate the possibility that certain third party delivery providers may require your agreement to additional terms and conditions prior to your use of or access to their services. For this, GoMoto is expressly declaring that it is not a party to such other terms and conditions, and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party provider.

GoMoto reserves the right to receive third party advertising and marketing to be made through its Application/Software to augment funding for the service it provides and to earn additional revenue. You may opt not to receive such advertising/marketing, upon giving written notice to GoMoto of your preference not to receive said advertising/marketing services. Should you choose not to receive advertising/marketing services, GoMoto shall have the right to charge you of a higher fee, in accordance with the rates published at its official website, www.gomoto.com.ph or to disallow you from your continued use of the Application/Software.

It is hereby agreed that you are allowing GoMoto to compile and release information about you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You further agree that it is your responsibility to take all precautions in all actions and interactions with any third party provider of delivery services if done through means other than the advertising/marketing materials being supplied through the Application/Software.

 

XII. MATTERS NOT WARRANTED

GoMoto provides you its Service on an “as is, where 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 disclaimed by GoMoto. By accepting the present Terms and Conditions, you agree that the risk arising out of your use of the Application/Software, and any third party services, shall be borne solely by you, without any right of recourse whatsoever against GoMoto. Moreover, GoMoto does not, in any way, warrant the following:

1. The reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Application/Software.
2. The reliability, timeliness, quality, suitability or availability of any services, which includes third party services for delivery obtained through the use of the Application/Software.
3. That the use of the Application/Software will be secure, timely, uninterrupted, and error-free.
4. That the Application/Software may be used or operated in combination with any other hardware, software, system or data.
5. That the Application/Software will meet your requirements or expectations.
6. That any stored data will be accurate or reliable.
7. That the quality of any product, service, information or other materials obtained through the Application/Software will meet your requirements or expectations.
8. That errors or defects in the Application/Software will be corrected.
9. The Application/Software or the server(s) will be free from viruses, worms, Trojan horses, etc.
10. That the Application/Software tracks you or the vehicle used by the delivery provider.

 

XIII. INTERNET AND OTHER CONNECTIVITY ISSUES

Just like any other application that utilizes the Internet and online connectivity, the Application/Software supplied by GoMoto may also be subject to such limitations and problems inherent in using the Internet through electronic devices. These risks include faulty devices, weak signal connection, out of range, etc. GoMoto shall not be responsible for any delay, misdelivery/non-delivery, damages or losses that may result from such issues.

 

XIV. LIABILITIES OF PARTIES

GoMoto shall not be held liable for any special, indirect, incidental, punitive, or consequential damages arising from or related to your performance of services under this Terms and Conditions, including loss of revenue, profits, benefits, and other claims by any third party. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability, and other torts.

You are hereby undertaking to indemnify and hold harmless GoMoto, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, your performance of services under this Terms and Conditions. This undertaking shall survive the duration of this Agreement.

Aside from the above undertaking, you also hereby agree that upon using the Application/Software, you shall defend, indemnify and hold GoMoto, its affiliates, and its respective officers, directors, agents and employees free and harmless against all claims, costs, damages, losses, liabilities, expenses, attorney’s fees that may arise out of or in connection with any of the following that you may commit:

1. Violation of the present Terms and Conditions.
2. Violation of any applicable law, rules and regulations, ordinances.
3. Violation of rights of third persons as a result of your own interactions with them (persons such as but not limited to Customers/Users, other motorists, pedestrians, enforcers, etc.).
4. Abuse or misuse of the Application/Software.
5. Any act in connection with your ownership, use or operation of a motor vehicle.

 

XV. LIMITED LIABILITY

If at all, any claims you may raise against GoMoto shall be limited to the aggregate amount of all amounts you have already actually paid in using the Application/Software service supplied to you. In no instance shall GoMoto or any of its affiliates, and its respective officers, directors, agents and employees shall be held liable to you or to anyone for any damage or losses of whatever nature, which includes but not limited to injury to your person or to third persons, moral distress, loss of items for delivery, loss of revenues, inability to use the GoMoto’s Service, loss or inaccuracy of data, and damages or losses occasioned by transacting with third parties.

GoMoto does not, and shall not, assess or monitor the suitability, legality, ability, movement or location of any third party provider, including advertisers and/or sponsors. You likewise expressly waive and release GoMoto from any and all liability, claims or damages arising from or in any way related to the third party providers including advertisers and/or sponsors. GoMoto will not be a party to disputes, nor participate in negotiations or disputes between you and such third party providers, including third party courier providers, advertisers and/or sponsors. Neither shall GoMoto play any role in managing payments occasioned by the transactions between you and any third party provider.

You shall be solely responsible for any and all actions you make or will not make in connection with the services offered through GoMoto’s provided Application/Software.

 

XVI. GIVING OF NOTICES

GoMoto may give notice by means of a general notice on the Application, through your email address or mobile number as you may have provided, or by written correspondences sent through registered mail or pre-paid post to your address as you may have provided. The said notice shall be considered to have been given after forty eight (48) hours from the time of mailing (if through registered mail or pre-paid post), or one (1) hour after sending (if through email or mobile number), regardless of whether you have actually read the same. You may give notice to GoMoto (which notice shall be deemed given upon actual physical receipt by GoMoto) by letter sent by courier or registered mail, using the contact details provided in the Application/Software.

 

XVII. ASSIGNMENT OF RIGHTS

In case of transfer or assignment of rights, the Terms and Conditions as constituted and agreed upon by the parties may not be assigned to another person or entity without the prior written approval of GoMoto. However, GoMoto may effect any assignment of its rights to another person or entity even without your consent. Any purported assignment by you in violation of this provision shall be void.

 

XVIII. GENERAL PROVISIONS

You, as partner-driver / partner-transporter / partner-vehicle operator, are not an employee of GoMoto. Nothing contained in this Terms and Conditions shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship between you and GoMoto. You shall have no authority to act as agent for, and on behalf of GoMoto, or to represent GoMoto, or to bind GoMoto in any manner.

You shall not be entitled to any worker’s compensation under existing labor laws, nor to any retirement, insurance, or other benefits afforded by law to the employees.

The present Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, if any there be, whether written or oral, between the parties, preceding the date of this Agreement.

This Terms and Conditions may be amended only by written agreement duly executed by and between the parties. If any provision or provisions of this Terms and Conditions shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Terms and Conditions shall remain in full force and effect.

This Agreement, and execution and performance thereof, shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without reference to its conflict of law rules. Any legal dispute and/or controversy arising out of or in connection with this Agreement shall be filed in the proper courts or tribunal of Quezon City, Philippines, to the exclusion of all other courts, tribunals and offices.

You hereby agree that GoMoto may terminate this Agreement at any time, with or without cause, provided that you are given at least three (3) days prior notice. Notwithstanding the generality of the provisions stipulated in this Agreement or anything to the contrary, GoMoto shall be entitled to terminate this Agreement effective immediately in case of any breach you may commit on any of the terms stipulated in this Terms and Conditions. For the avoidance of doubt, the termination of this Agreement shall not require GoMoto to compensate, reimburse or cover any cost you may have incurred, including but not limited to the credit reserved with GoMoto or any other monies paid to GoMoto in the course of performing your obligations under this Terms and Conditions.

 

XIX. COMPLIANCE WITH THE LAWS, REGULATIONS, POLICIES AND GUIDELINES

1. You shall comply with all the traffic laws, regulations, rules, policies and guidelines as well as further guidelines that may be issued by GoMoto from time to time.
2. You are prohibited from taking part in any illegal demonstrations against GoMoto, and from being a member of an unregistered association, inciting other drivers not to use GoMoto application, boycoot or threaten to boycott the GoMoto applications or services, or any other act that may be construed to be against the interest of GoMoto.
3. You shall comply to maintain zero-tolerance policy regarding all infringement, which and can result in suspension or termination of access to GoMoto platform.

 

XX. PROFESSIONAL AND QUALITY SERVICE

1. You shall provide a safe delivery of all parcels and items collected. The safety of collected parcels is of utmost concern.
2. You are prohibited to render delivery services while in the influence of drugs or alcohol. If a Customer/User believes or reported that a driver may be under the influence of drugs or alcohol, he or she has the right to cancel the requested services immediately and alert GoMoto on the said acts.
3. You are prohibited from having or keeping weapons of any kind or description in your vehicle for any reason whatsoever.
4. GoMoto takes a serious view on reckless driving that endanger other road users and this includes:
   • Driving against the direction
   • Failure to comply with speed limit
   • Failure to comply with traffic lights
   • Using mobile phone without hand free while driving
   • Failure to use the indicatory signal prior to changing or turning into a junction.
   • Breaches any other traffic laws
5. You are prohibited to show violence and aggressive behavior at all times. With safety and security as its key pillar, GoMoto does not condone any form of violence or aggression.
6. You are strictly forbidden from committing any form of sexual offense, including making comments thru text, sexual harassment, unwanted physical contact, unlawful restraint, drugging and molestation of the Customer/User. Texting Customers/Users outside of the professional grounds is both a form of harassment and a breach to his entitlement to personal security and data protection.
7. You shall have enough knowledge on traffic conditions such as road constructions, major accidents or outdoor events which may delay the services.
8. Honor a booking that you bid for. You are not allowed to cancel a booking once accepted. This is very important in building customer confidence and encourages more customers to use our platform.
9. You are not permitted to transfer a request to other drivers. If you are unable to render the courier services due to an emergency situation, you should send a communication both to the customer and to GoMoto before cancelling the booking.
10. You must collect the parcels at the agreed pick-up point. Driving off without waiting for the Customer/User provides a very negative impression to GoMoto.
11. You are not allowed to set your own payment as this may be considered overcharging. Collect the fee according to what the Application/Software stated.
12. You are not allowed to solicit to the customers to make personal or extra booking arrangements. All bookings must course through the Application/Software.
13. Customers/Users do appreciate honesty on the part of the drivers. Hence, you shall provide your service that is based on this principle and acts of cheating such as failing to give or giving less balance/change than what a passenger is entitled is prohibited.
14. You are strictly prohibited from contacting your Customers/Users through any other channel or platform.
15. You are not allowed to convert courier service request to other services.

 

XXI. EMERGENCY PROCEDURE

1. You shall relay emergency information to GoMoto promptly.
2. If at any time you feel that you are faced with a situation that requires immediate emergency attention, you shall call the emergency service number in your area. Once all parties are safe and the situation has been handled by the authorities, then you shall notify GoMoto. GoMoto is not responsible to any accident, incident, claims and to settle the situation. GoMoto will only assist and take appropriate action as needed but not on the settlement of the said situation.

 

XXII. ACKNOWLEDGEMENT

By acknowledging, I declare that:

I have fully understood and hereby accepts all the provisions stated, and I will be solely responsible for any and all liability(ies), which may result or has allegedly resulted in the course of the operation of my vehicle rendering courier services.

I have understood and hereby agrees that GoMoto has the right to take appropriate actions against me, including suspending or terminating my partnership in the event that I commit breach of any of the provisions of this Terms and Conditions.