TERMS AND CONDITIONS

Senders

Please read the following terms and conditions carefully. These shall govern the use of, and access to, the Jojo application and software and account (the “Application”) by any party (the “User” to be used interchangeably with “he”, “she”, “you” and “your”). These terms and conditions shall constitute a legal agreement between you and First Shoshin Solutions Corporation, (“Company”) with SEC Company Registration No. CS201714409. It is the owner of the Jojo Application and Software. By downloading or using the Application, you represent that you have read, understood, and accepted all terms and conditions governing access to, and use of the Application (including all modifications, amendments, supplements and updates thereof), and have agreed to be bound by, and comply with, the same, the overall purpose of which is to enable and connect people (SENDERS) looking for delivery services to be matched with people (TRANSPORTERS – also called “Jojo/s”) willing to deliver any lawful documents, papers, goods, products and the like (“Goods”). If you do not agree with the terms and conditions, please do not use, or discontinue your use, of the Application.

1. ELIGIBILITY AND QUALIFICATIONS

To create an account and use the Application, the User must key in his/her complete name, be at least eighteen (18) years of age, provide his/her email address and mobile phone number.

The Company reserves the right to set additional qualifications and eligibility requirements as it may deem necessary or desirable and as provided for in its website, myjojo.com.

2. JOJO ACCOUNT

Registration

To use the Application, the User must create an account and register the same with the Application (the “Account”). All access to, and use of the Application must be made using and under a registered Account.

To register, the User must provide his/her full name, email address and mobile phone number. The Company does not assure perpetual record-keeping of data or transaction history, and may delete User’s data when necessary. The use of all information provided by the User shall be governed by the Company’s Privacy Policy Agreement provided in the Jojo Application.

Confidentiality

The User is solely responsible for maintaining the confidentiality of his/her Account. The User shall likewise be solely responsible for all activities and transactions made under his/her Account, and the Company shall assume, at all times, that all activities and transactions under the Account were made and/or authorized by the User. As such, the User holds the Company free and harmless from any liability, damage, cost and expenses which he/she may incur as a result of any activity made or using in the Account.

Suspension and Deactivation

The User can temporarily or permanently suspend his/her Account by following the instructions provided in the Application when available. Otherwise, any suspension can be done via email at support[at]myjojo.com. Being voluntary, the User can automatically reactivate his/her account.

The Company reserves the right to temporarily or permanently suspend an Account, without notice to the User, on the following grounds:

a. Violation of any of these terms and conditions

b. Fraud or abuse in using or availing the application

c. Analogous circumstances.

In case of Jojo-initiated suspension or deactivation, the User has to secure again the approval of the company before his/her account can be reactivated and eventually use the application.

3. SERVICES

Overview

Subject to geographical limitations, the application allows Users to send documents, packages or parcels (collectively, the “Goods”) to any recipient and within and outside the Philippines by providing a platform for Users to connect with another party (Jojo) willing to pick-up and deliver the Goods to a designated recipient (“Services”). Initially however, the service is limited to MetroManila

For clarity, the Company is not a courier company or a public utility, but a technology company, a software developer and platform provider. The service of the Company is to provide an application (jojo) which serves as a link between a Sender and a Transporter to meet and transact the delivery of Goods.

Booking

The Company has tie-ups with a pool of Transporters (Jojos) readily available to transport goods for the Users. The User who desires to have Goods delivered to a third party shall log into his/her Account, and shall enter his/her full name and email address, the size and description/type of the Goods, the name and mobile number of the recipient, the pick-up location and destination of the Goods, the time and date of pick-up, the preferred mode of transportation (i.e., commute, motorcycle or private vehicle) in the Application. The cost of the booking will be indicated in the Application.

The Company will then connect the User to a Jojo, depending on the time, date and place of pick-up and delivery. A confirmation notification or message, and a 4-digit security code will be sent to the User once a Jojo has been assigned to the User.

Jojo shall pick-up the Goods at the place and time indicated in the booking. For this purpose, Jojo may contact the User through phone call, text message or in-app messaging, to confirm the pick-up or delivery status, details or updates. The actual Goods must be shown to, and packed in the presence of, the Jojo. The User will receive a notification/message when the Goods are delivered to the Recipient. The fee will then be deducted from the User’s account (whenever this is already applicable/implemented) or paid in cash directly to the Jojo which delivered the Goods.

For the safety of all parties, Jojo may refuse to pick-up and/or deliver the Goods for the following reasons:

a. The Goods are illegal.

b. The Goods are not packed in the presence of Jojo, and the User (or the person handing the Goods to Jojo) refuses to open the packaging for inspection.

c. The Goods are not properly packed and may be damaged during transport, and the User (or the person handing the Goods to Jojo) refuses to fix the packaging.

d. Analogous reasons that will endanger the safety of Jojo, the recipient, and/or any third party.

Security Measure

Jojo will verify the authority of the intended recipient through the 4-digit security code which the recipient is required to give to the Jojo. The Goods shall not be released to the purported recipient without first providing the 4-digit code. Persons in possession of the information regarding the 4-digit security code shall be presumed to have been duly authorized to receive the Goods. Upon delivery of the Goods to the intended recipient, Jojo shall take a photo of the recipient holding the Goods, or just the Goods, depending on the recipient’s preference.

Fees and Payment

Fees

All fees shall be paid in cash, and shall be for the account of the receiver. In case of default or non-payment, the User shall be charged for the cost of fees.

The fee is computed based on the following formula: Base fee plus the distance between pick up and destination (per kilometer basis) inclusive of taxes. For actual rates and computation, please go to Jojo’s website – myjojo.com

When allowed and activated in the Application, the Account has an e-wallet, which shall be used to pay the fees. The e-wallet can be loaded by using your credit card or debit card, making a bank deposit or online transfer, or through any other means allowed by the Company/the Application or its payment service providers (the “Payment Method”).

The fee shall be determined upon entering the size and description/type of the Goods, the name and mobile number of the recipient, the pick-up location and destination of the Goods, the time and date of pick-up, the preferred mode of transportation (i.e., commute, motorcycle or private vehicle) in the Application. The quoted/published fee shall be inclusive of all applicable taxes, and shall be paid through cash payment by the Receiver, or may be deducted from the Receiver’s wallet/account. The fee will be released to Jojo once the Goods have been delivered to the recipient. In case the Receiver defaults payment, the User shall be charged of the delivery costs accordingly. For this purpose, the Receiver and the User authorizes Jojo or its payment service providers to charge him/her through his/her chosen Payment Method.

The fee is computed based on the following formula: Base fee plus the distance between pick up and destination (per kilometer basis) inclusive of taxes. For actual rates and computation, please go to Jojo’s website – myjojo.com.

Each transaction shall be covered by a receipt which shall be sent to the Receiver/Sender via email or through the application.

Cancellation

When allowed and available in the Application, the User has fifteen (15) seconds_ from acceptance of the booking or receipt of the confirmation notification or message, whichever comes first, to cancel the booking for free (the “Cancellation Period”). Any cancellation made after the Cancellation Period shall be subject to Cancellation Fee equivalent to fifty percent (50%) of the total fees.

Failure to Receive/Complete Delivery

In case of refusal by the Receiver to receive the Goods, the User shall be liable for all fees and expenses for the return of the Goods to the User, on top of the Cancellation Fee. User agrees that the Goods shall not be released until the User pays the fees and expenses stated above.

After the lapse of ten (10) days, and the User or Receiver can no longer be reached, the Company may dispose the Goods upon due notice to the User/Receiver at the latter’s last provided contact details.

User and Jojo Ratings

At the end of each transaction, the User and the Jojo will be prompted to rate the performance of each other on a scale of one (1) to five (5) stars, with five (5) being the highest. The average of the ratings obtained by each Party will be indicated in their respective profiles, and will be seen by other Parties he/she will transact with in the future.

Damages

The Company/Jojo together with the Transporter shall be responsible for the delivery of the Goods to the Receiver in good condition. Any damage caused to the Goods shall be for the account of Company or Jojo to the extent of a maximum amount of Five Thousand Pesos (Php 5,000.00) except when the damage is caused by the fault or negligence of the User, in which case, the damage shall be borne by the User.

4. CUSTOMER SUPPORT

Any request, question, concern or dispute regarding the use of the Application may be raised by calling through the Company’s customer support department at (02) 801-6841

5. DISPUTES AND COMPLAINTS

Billing Disputes

Billing disputes shall be filed by the User or Jojo through the Company’s customer support hotline (02) 801-6841

Upon the filing of the complaint, the party complaining (the “Complainant”) will be given a reference number, which the Complainant shall use in all his future correspondences with the Company regarding the particular dispute. Feedback will be given to the Complainant via email at support[at]hellomyjojo.com

When available, billing errors may be resolved by refunding the correct amount to the User’s e-wallet, or deducting the balance from the User’s e-wallet, as the case may be. In either case, the User shall be informed of the resolution of the dispute through text message or in-app messaging, before a refund to, or deduction from the User’s e-wallet is made by Jojo.

Customer Complaints

Customer complaints against the User, Receiver or Jojo shall be reported to the Company through its customer support hotline (02) 801-6841. The complaint should be reported within forty eight (48) hours from the event. Upon the filing of the complaint, the Complainant will receive a notification/message confirming receipt of said complaint. Feedback will be given to the Complainant via email at support[at]myjojo.com

6. OBLIGATION AND WARRANTIES OF THE USER

The User warrants that:

a. He/She is at least eighteen (18) years old, has the legal capacity to give consent, and has the legal capacity and authority to accept and agree to the Terms and Conditions herein set forth; that all information provided are true and accurate.

b. He/She has fully read and understood the Terms and Conditions herein set forth, and knowingly agreed to be bound by the same.

c. He/She is the owner or the authorized agent or representative of the owner of the Goods, and that by accepting these terms and conditions, the User binds, not only himself, but also the owner of the Goods.

d. The Goods are not in any manner or condition prohibited by law or hazardous, perishable, flammable, contains explosive, corrosive, radioactive, and/or will any way put Jojo, the Receiver or any other party in any form of danger or legal liability.

e. He/She has personally packed the Goods (or through an authorized representative with the User’s personal supervision), and the Goods are properly packaged, stowed, marked, and labeled as required by their nature, and for the delivery of the Goods to the Receiver in good condition.

f. The Goods and its packaging comply with all laws and regulations.

g. The information provided in the Application, such as, but not limited to, the meet up place, delivery location, description of the items, add-on services, and handling instructions, are complete and accurate. If any information is false or inaccurate, Jojo may impose additional charges based on the actual details of the item and delivery, or cancel the delivery with the imposition of penalties.

By using the Application, the User undertakes to perform the following obligations:

a. He/She shall abide by, and comply with the Terms and Conditions herein set forth.

b. He/She shall use the Application solely for his/her own personal use, and shall not use the Application for commercial purposes.

c. His/Herright to use the Application is limited to the terms as herein provided, and the ownership of the Application and all other rights are expressly reserved by the Company.As such, the User shall not:

    i. Install the Application on any device or operating system not approved by the Company

    ii. Rent, lease, sublicense, distribute or transfer copies of the Application or the license of the Application for use of to any third parties

    iii. Adapt, decompile, disassemble modify, reverse engineer, translate the Application or create derivative works based on the Application

    iv. Upload or send any computer viruses, Trojans, worms, or malicious codes to, from, or using the Application or the Account

    v. Impair the normal operation of the network

    vi. Send any email, advertisement or spam emails to, from, or using the Application or the Account

    vii. Use another person’s name in registering an Account, or using the Application

    viii. Use the Application without the consent of the owner

    ix. Use the Application for any illegal or unlawful purpose

    x. Use the Application to commit any act that will cause undue damage or injury to the Company, Jojo, Receiver, other Users or a third party

    xi. Other analogous cases.

d. He/She shall be solely responsible for the security of his/her Account, and shall protect his/her login name and password, and shall not disclose the same to third parties, and he/she shall notify the Company if he/she has reason to believe that the security of the Account may be, or has been, breached or compromised.

e. He/She shall allow the Company and/or Jojo to open and inspect the Goods (whether packed or not), without notice, on the basis of suspicion that the Goods are prohibited items, or that the User has not provided the complete and accurate information about the Goods.

7. USER CONDUCT

The Company strives to maintain a respectful user experience through various features and standards in place. The Users and Jojos must be respectful and polite when using the services of the Application, and when interacting with one another.

Notwithstanding the above provision, the Company shall not, in any way, be responsible for the conduct of any User on or off the Application. As such, each User shall be solely responsible for all his/her activities in the Application, and all his/her interactions with Jojo, the receiver, and other Users.

8. PERSONAL DATA PRIVACY

By using the Application, the User agrees to submit personal information that is true, correct and up to date, and agrees and consents to the Company’s collection, use, storage, update and processing of his/her personal information, as may be necessary, for a specific time, in order for the Company to provide the Services. The User further agrees to the following:

a. The publication of a booking for the acceptance of Jojo

b. Confirmation of the booking by Jojo

c. Tracking the booking

d. Determining compliance with these Terms and Conditions

e. Investigating complaints by or against the User or Jojo

f. Verification of the truthfulness of the data/information submitted by the User

g. Compliance with legal process and investigation

h. Other acts related or necessary for the Company to provide the Services, to comply with a lawful order of the court, or to comply with applicable laws, rules and regulations.

The terms and conditions governing personal data and privacy are provided in Jojo’s Privacy Policy Agreement.

9. RELATIONSHIP AMONG THE PARTIES

No agency, partnership, joint venture, or employment between the Company and Transporter, or the Company and User is created as a result of the use of the Application or of the acceptance of the Terms and Conditions. All bookings under the Application are separately and independently fulfilled by the Transporter pursuant to an independent contract between the User and Transporter. As such, no act of any User or Transporter shall be binding on the Company, unless the same is with prior written consent of the Company.

Any statement, claim, or action made by the User or Transporter shall be attributed only to the party making such statement, claim, or action. In no way shall such statement, claim, or action be associated with, or attributed to the Company. Thus, any issue, cause of action, damage or claim arising from such statement, claim, or action shall be brought to the attention of the party making such statement, claim, or action, and not the Company.

10. FREE AND HARMLESS

The User holds the Company free and harmless from any liability, and shall be liable, for any loss or damage suffered by the Transporter, the Company or any third party, when such loss or damage arise from:

a. The User’s violation or breach of any of the Terms and Conditions

b. Failure to provide accurate information about the Goods

c. The illegal or unlawful nature of the Goods

d. Failure to properly pack the Goods

e. Other causes attributable to the User.

As a mere platform provider, the Company shall not be liable for any loss or damage which the User, Transporter or any party may suffer as a result using the Application, or of receiving, transporting and delivering the Goods.

11. GENERAL

Disclaimer

The User agrees and acknowledges that:

a. The Company is a software company, and is not engaged in the activities of a common or private carrier or a public utility.

b. The Company does not provide delivery services, and its participation is limited to providing and maintaining the Application which serves as a platform wherein the Users meet Transporters..

c. The Company does not personally perform, manage, supervise or directly or indirectly control the Transporters.

d. The Transporter is not the Company’s agent, principal, partner or employee.

e. The Company is not a party to the contract between the User and Transporter, and the Company shall not be liable for any loss, damage, or injury which the User or Transporter incurred as a result of the performance or breach of the Contract.

Non-Compete

The User hereby agrees that he/she will not use any process, procedure, or information, which he/she became aware of, or privy to, to compete or use in his/her own business or affairs, to the detriment or prejudice of the Company, its officers and agents, and/or Jojos.

Waiver

No provision, right or obligation in these terms and conditions may be waived by the Company, except by an instrument in writing and signed by the authorized representative of the Company, expressly waiving such provision, right or obligation. The failure to exercise, partially or in whole, any provision, right, or obligation shall not be interpreted as the Company’s waiver of such provision, right, or obligation.

Governing Law

The parties agree that these terms and conditions shall be governed by the laws of the Philippines.

Assignment

The Company shall have the right to assign any rights, duties and obligations in these Terms and Conditions to any third party without need of prior notice to, or consent from, the User. The User shall not assign his/her rights and obligations under these Terms and Conditions without the prior written consent of the Company.

Venue

In case of litigation arising from or in connection with these terms and conditions, the action shall be brought only before the appropriate courts of Makati City, to the exclusion of all other courts. User irrevocably agrees to waive to the fullest extent, the defense of any inconvenient forum to the maintenance of such action or proceeding.

Severability

Should any provision of these terms and conditions, or portion thereof be declared void, prohibited, ineffectual, or unenforceable under any applicable law by a competent court or authority the same shall not affect any other provision of these terms and conditions, which is otherwise valid and enforceable, provided that the rights of the parties are not adversely affected thereby.

Amendment

The Company reserves the right to amend, modify, vary and change these terms and conditions from time to time, and without prior notice to the User. Any amendment of these terms and conditions shall be posted on the Application and shall effective upon date of said posting.


TERMS AND CONDITIONS

Transporters

Please read the following terms and conditions carefully. These shall govern the use of, and access to, the Jojo application and account (the “Application”) by any party (the “Transporter” to be used interchangeably with “he”, “she”, “you” and “your”). These terms and conditions shall constitute a legal agreement between you and First Shoshin Solutions Corporation. (“Company”) with SEC Company Registration No. CS201714409. The Company is the sole and exclusive owner of the Jojo Application and the software technology. By downloading or using the Application, you represent that you have read, understood, and accepted all terms and conditions governing access to, and use of the Application (including all modifications, amendments, supplements and updates thereof), and have agreed to be bound by, and comply with, the same, the overall purpose of which is to enable people (SENDERS) looking for courier services to be matched with people (TRANSPORTERS – also called “Jojo/s”) willing to deliver any lawful documents, papers, goods, products and the like (“Goods”) – to be referred to as the “Service/s”;  If you do not agree with the terms and conditions, please do not use, or discontinue your use of the Application.


1. Eligibility and Qualifications

To create an account and use the Application, the Transporter must be at least eighteen (18) years of age.

 To be a Transporter using a motor vehicle including a motorcycle, he/she must submit 2 government IDs one of which should be a Driver’s License. You must likewise submit an updated National Bureau of Investigation (NBI)/Police clearance, OR – CR of the motor vehicle, Sketch of permanent residence and Authorization Letter of Letter of the motor vehicle, if not owned. The Transporter must also attend a seminar/briefing on requirements, rights, duties and obligations of a Transporter to be scheduled by Jojo from time to time, failure to attend will result in not being admitted, suspended or deactivated as a Transporter.  

The Company reserves the right to set additional qualifications and eligibility requirements as it may deem necessary or desirable and as updated in its website, myjojo.com. 

2. Jojo Account

Registration 

To use the Application, the Transporter must create an account and register the same with the Application (the “Account”). All access to, and use of the Application must be made using and under a registered Account. 

To register, the Transporter must provide his/her full name, email address, mobile phone number photograph, 2 government IDs including a Driver’s License. The Company does not assure perpetual record-keeping of data or transaction history, and may delete Transporter’s data when necessary. The use of all information provided by the Transporter shall be governed by the Company’s. Privacy Policy. 

Confidentiality

The Transporter is solely responsible for maintaining the confidentiality of his/her Account. The Transporter shall likewise be solely responsible for all activities and transactions made under his/her Account, and the Company shall assume, at all times, that all activities and transactions under the Account were made and/or authorized by the Transporter. As such, the Transporter holds the Company free and harmless from any liability, damage, cost and expenses which he/she may incur as a result of any activity made or using in the Account. 


Suspension and Deactivation

When available and allowed, the Transporter can temporarily or permanently suspend his/her Account by following the instructions provided in the Application. Being voluntary, the Transporter can automatically reactivate his/her account.  

The Company reserves the right to temporarily or permanently suspend an Account, without notice to the Transporter, on the following grounds:

  1. Violation of any of these terms and conditions

  1. Fraud or abuse in using or availing the application

  1. Analogous circumstances.

In case of Company initiated suspension or deactivation, the Transporter has to secure again the approval of the Company before his/her account can be reactivated and eventually use the application.

3. Grant of License and its Restrictions

The Company and its representatives/licensors, where applicable, hereby grants the Transporter a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application, solely for his own personal purpose, subject to the terms and conditions herein provided. All rights not expressly granted to you are reserved by the Company and its licensors.

The following are prohibited and You shall not:

  1. re-license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any manner;  modify or make derivative works based on the Application and/or the Software; 

  1. create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, 

  1. 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 Application and/or the Software, 

  1. 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 Services or its contents; 

  1. 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, 


  1. remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal purposes as defined in this Agreement  and shall not use the Software and/or the Application to: 

  1. send spam or otherwise duplicative or unsolicited messages; 

 

  1. 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; 


  1. send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; 


  1. interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; 


  1. attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or 


  1. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

Payment Terms

Any fees which the Company may charge you for the Service, are due immediately and are non-refundable (“Service Fee”). This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate or suspend your usage, disruption caused to the Service either planned, accidental or intentional, or any reason whatsoever.

You acknowledge that the total amount of the fare paid to you by the Sender includes the Application Usage Fee which you are collecting on behalf of the Company. Such Application Usage Fee may be up to 20% of the Fee Stipulated for the Service for each time the Sender uses the Delivery Service which shall be reviewed and determined by the Company at its discretion from time to time. The Company may, at its sole discretion, make promotional offers with different features and different rates to any of the Senders whereby these promotional offers shall accordingly be honored by you. The Company may determine or change the Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.

Payment By Senders

The Sender may choose to pay for the Service by cash and when available, by credit or debit card (“Card”) or Jojo Coins. In the event that the Sender chooses to pay for the Service by Card, all payments due to you, including tips (where applicable), for the Service will be channeled to you in the agreed quantum.
Any complaints that the Sender shall have regarding the delivery service provided by you shall be taken up by the Sender with you directly.

The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Sender to be in breach of the Terms and Conditions between the Sender and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.

You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.

Taxes

You agree that this Agreement 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 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 Services supplied under this Agreement.

 

Overview


Subject to geographical limitations, the application allows Transporters to send documents, packages or parcels (collectively, the “Goods”) to any recipient and within and outside the Philippines by providing a platform for Transporters to connect with another party (Jojo) willing to pick-up and deliver the Goods to a designated recipient. However, at present, its services is available only in Metro Manila Philippines.


For clarity, the Company is not a courier company or a public utility, but a technology company, a software developer and platform provider. The service of the Company is to provide an application (jojo) which serves as a link between a Sender and a Transporter to meet and transact the delivery of Goods.


Confidentiality

You shall maintain in confidence all information and data relating to the Company, 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 the Company (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 the Company, or any of its affiliated companies, or created in the course of this Agreement. 

You shall further ensure that you only use such confidential information in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfill its obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information: was at the time of receipt already in the Third Party’s possession; is, or becomes in the future, public knowledge through no fault or omission of the Third Party; was received from a Third Party having the right to disclose it; or is required to be disclosed by law.

Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as provided hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The Company may also collect other data relative to your use of your vehicle (such as your speed, acceleration, and braking data), device data (such as your IMEI number and the names of the apps you have installed on your device) and your vehicle registration data.

The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):To perform the Company’s obligations in respect of any contract entered into with you; To provide you with any services pursuant to the Terms and Conditions herein; To process your participation in any events, promotions, trainings, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto; To process, manage or verify your application for the Service pursuant to the Terms and Conditions herein, our policies and the Driver’s Code of Conduct; To provide updates to our fleet partners for fleet management purposes; To validate and/or process payments pursuant to the Terms and Conditions herein; To develop, enhance and provide what is required pursuant to the Terms and Conditions herein
to meet your needs; To process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein; To facilitate or enable any checks as may be required pursuant to the Terms and Conditions
herein; To respond to questions, comments and feedback from you; To communicate with you for any of the purposes listed herein; For internal administrative purposes, such as auditing, data analysis, database records; For purposes of detection, prevention and prosecution of crime; For the Company to comply with its obligations under law; To send you alerts, newsletters, updates, mailers, promotional materials, special privileges,
festive greetings from the Company, its partners, advertisers and/or sponsors; To notify and invite you to events or activities organised by the Company, its partners,
advertisers, and/or sponsors; To share your Personal Data amongst the companies within the Company’s group of
companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.
If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

We will, to the best of our abilities, effect such changes as requested within ten (10) working days of receipt of such notice of change.

By submitting your information you consent to the use of that information as set out in the form of submission and in this Agreement and further to the Private Policy Agreement. 

Third Party Interactions

During use of the Service, you may, subject to the Company’s prior written consent, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application. Any such activity and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms and Conditions. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms and conditions 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.

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. By agreeing to the Terms and Conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website at myjojo.com. You agree and allow the Company 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 Transportation Provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

Indemnification

By agreeing to this Agreement upon using the 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 and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (b) your violation of any rights of any third party, including, but not limited to your customers, your vehicle or the vehicle that you have control over, other motorists, and pedestrians, as a result of your own interaction with any third party (c) your use (or misuse) of the Application and/or Software; and (d) your ownership, use or operation of a motor vehicle, including your carriage of Customers’ parcels who have procured your delivery services via the Service.

Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (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, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. 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 HIGHEST AND MAXIMUM EXTENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION SERVICES OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

Internet Delays

THE SERVICE, 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 YOU 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.

Limitation of Liability

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT 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. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING, ADVERTISERS AND/OR SPONSORS 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 INCLUDING, ADVERTISERS AND/OR SPONSORS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, ADVERTISERS AND/OR SPONSORS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, SOFTWARE AND/OR THE APPLICATION.

Representation and Warranties of the Transporter

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms and Conditions. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. 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. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized and legal means. It is your responsibility to check and ensure that you download the correct and updated Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device or for purposes other than which the Application or Software is intended to be used.

By using the Service, you represent, warrant, undertake and agree that: You possess a valid driver’s license, when required, and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide delivery service to third parties in the jurisdiction in which you use the Service; You own, or have the legal right and authority to operate, the vehicle which you intend to use when collecting Goods from Senders, and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind; You have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your motor vehicle/passenger vehicle to cover any anticipated losses related to the operation of a parcel delivery service; 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 or loss or damage to parcels in your possession which is due to or is alleged to be a result of the motorcycle and/or delivery service howsoever operated unless otherwise provided in other agreements; You shall obey all local laws related to the operation of a parcel delivery service and will be solely responsible for any violations of such local laws; You will only use the Service for lawful purposes; You will only use the Service for the purpose for which it is intended to be used; You will not use the Application for sending or storing any unlawful material or for fraudulent
purposes; You will not use the Application and/or the Software to cause nuisance, annoyance,
inconvenience or make fake bookings; You will not use the Service, Application and/or Software for purposes other than obtaining the
Service; You will not impair the proper operation of the network; You will not try to harm the Service, Application and/or the Software in any way whatsoever; You will not copy, or distribute the Software or other content without written permission from
the Company; You will only use the Software and/or the Application for your own use and will not resell it to a
third party; You will keep secure and confidential your account password or any identification we provide
you which allows access to the Service; You will provide us with whatever proof of identity we may reasonably request or require; You agree to provide accurate, current and complete information as required for the Service
and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, 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; You will only use an access point or data account (AP) which you are authorized to use; You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing Senders; You agree to be subject to random drug tests arranged or undertaken by the Company or any agency or persons appointed by the Company; You are aware that when responding to Senders’ requests for delivery services, standard telecommunication charges will apply and which shall be solely borne by you; You shall not impair or circumvent the proper operation of the network which the Service
operates on;You agree that the Service is provided on a reasonable effort basis; and You agree that your use of the Service will be subject to the Company’s Privacy Policy as may
be amended from time to time.

Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 72 hours after mailing or posting (if sent by registered mail or pre-paid post) or 2 hours 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 letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

Relationship Between the Parties 

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms and Conditions or use of the Service. If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. The failure of the Company to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms and Conditions 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.

You hereby agree that the Company may terminate this Agreement at any time by giving three (3) days’ prior notice to you without assigning any reasons. Notwithstanding the generality of the provisions stipulated in this Agreement or anything to the contrary, the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with the Company or any other monies paid to the Company in the course of performing your obligations under this Agreement.

Failure to Deliver


In case of failure to deliver the Goods due to the fault of the Sender and/or his/her Recipient, the Sender shall be liable for all fees and expenses for the return of the Goods to the Company’s Office, on top of the Cancellation Fee. Sender agrees that the Goods shall not be released until the Sender pays the fees and expenses stated above.


After the lapse of ten (10) days, and the Sender or Receiver can no longer be reached, the Company may dispose the Goods at its discretion upon due notice to the Sender/Receiver at the latter’s last provided contact details.


Sender and Transporter Rating


At the end of each transaction, the Sender and the Transporter will be prompted to rate the performance of each other on a scale of one (1) to five (5) stars, with five (5) being the highest. The average of the ratings obtained by the Sender and the Transporter will be indicated in their respective profiles, and will be seen by other parties he/she will transact with in the future. 


Transporter Support


Any request, question, concern or dispute regarding the use of the Application may be raised by calling through the Company’s Transporter support department at (02) 801-6841



Transporter Conduct


The Company strives to maintain a respectful Transporter experience through various features and standards in place. All Transporters must be respectful and polite when using the services of the Application, and when interacting with one another. 


Notwithstanding the above provision, the Company shall not, in any way, be responsible for the conduct of any Transporter on or off the Application. As such, each Transporter shall be solely responsible for all his/her activities in the Application, and all his/her interactions with Jojo, the receiver, and other Transporters. 


Free and Harmless


The Transporter holds the Company free and harmless from any liability, and shall be liable, for any loss or damage suffered by the Company or any third party, when such loss or damage arise from:


  1. The Transporter’s violation or breach of any of the Terms and Conditions


  1. Solely the fault or negligence of the Transporter;


  1. Failure to properly inspect and pack the Goods


  1. Other causes attributable to the Transporter. 


As a mere platform provider, the Company shall not be liable for any loss or damage which the Transporter or any party may suffer as a result of using the Application, or of receiving, transporting and delivering the Goods. 


General


Disclaimer


The Transporter agrees and acknowledges that:


  1. The Company is a software company, and is not engaged in the activities of a common or private carrier or a public utility.


  1. The Company does not provide delivery services, and its participation is limited to providing and maintaining the Application which serves as a platform wherein the Senders meet and transact with Transporters. 


  1. The Company does not personally perform, manage, supervise or directly or indirectly control the Transporters.


  1. The Transporter is not the Company’s agent, principal, partner or employer.


  1. The Company is not a party to the contract between the Sender and Transporter and the Company shall not be liable for any loss, damage, or injury which the Sender and Transporter incurred as a result of the performance or breach of the Contract unless otherwise stated herein and and the Terms and Conditions for Users..



Non-Compete


The Transporter hereby agrees that he/she will not use any process, procedure, or information, which he/she became aware of, or privy to, to compete or use in his/her own business or affairs, to the detriment or prejudice of the Company, its officers and agents, and/or Jojos.


Waiver


No provision, right or obligation in these terms and conditions may be waived by the Company, except by an instrument in writing and signed by the authorized representative of the Company, expressly waiving such provision, right or obligation. The failure to exercise, partially or in whole, any provision, right, or obligation shall not be interpreted as the Company’s waiver of such provision, right, or obligation.


Governing Law


The parties agree that these terms and conditions shall be governed by the laws of the Philippines.


Assignment


The Company shall have the right to assign any rights, duties and obligations in these Terms and Conditions to any third party without need of prior notice to, or consent from, the Transporter. The Transporter shall not assign his/her rights and obligations under these Terms and Conditions without the prior written consent of the Company. 



Venue


In case of litigation arising from or in connection with these terms and conditions, the action shall be brought only before the appropriate courts of Makati City, to the exclusion of all other courts. Transporter irrevocably agrees to waive to the fullest extent, the defense of any inconvenient forum to the maintenance of such action or proceeding. 



Severability


Should any provision of these terms and conditions, or portion thereof be declared void, prohibited, ineffectual, or unenforceable under any applicable law by a competent court or authority the same shall not affect any other provision of these terms and conditions, which is otherwise valid and enforceable, provided that the rights of the parties are not adversely affected thereby.


Amendment


The Company reserves the right to amend, modify, vary and change these terms and conditions from time to time, and without prior notice to the Transporter. Any amendment of these terms and conditions shall be posted on the Application and shall effective upon date of said posting. .