Terms and Conditions

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.