Terms of Use for Yello X End-Users

By using the Service, you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application or Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and Gothong Southern Supply Chain (GSSC). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by GSSC (the “Application”), and downloading, installing or using any associated software supplied by GSSC (“the Software”) which overall purpose is to enable persons seeking on-demand pick-up and delivery services to and from certain locations to be matched with drivers and vehicle operators employed by GSSC (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at https://www.gothongsupplychain.com or through the Application.

GSSC reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at https://www.gothongsupplychain.com/. You agree that it shall be your responsibility to review the Terms of Use regularly.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use 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 of Use. 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 province, city or municipality in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. GSSC is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device.

The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • 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 request / bookings;

  • You will not use the Service, the Application and/or the 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, the Application and/or the Software in any way whatsoever;

  • You will not copy, or distribute the Software or other content without written permission from GSSC;

  • 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 the Company with proof of identity as it 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 this Agreement. You agree that GSSC 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, GSSC 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 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, through any event, promotion or campaign launched by GSSC to encourage new subscription or usage of the Service by new or existing end-users;

  • You are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;

  • 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 GSSC’s Privacy Policy as may be amended from time to time.
     

You agree to assume full responsibility and liability for all loss or damage suffered by item / package, GSSC or any third party as a result of any breach of the Terms of Use.

PAYMENT

  • You may pay for the service by cash and WHEN available, by credit card and or debit card (“Card”).

  • GSSC has 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 GSSC reasonably believes you to be in breach of the Terms of Use.

  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist GSSC in complying with any 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 GSSC to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

License Grant & Restrictions

GSSC and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by GSSC and its licensors.

You shall not (i) 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 way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) 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, (v) 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, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) 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; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) 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.

Intellectual Property Ownership

GSSC and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by GSSC and/or its licensors. GSSC’s name, logo, the Service, the Software and/or the Application and the product names associated with the Software and/or the Application are trademarks of GSSC or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

Confidentiality

You shall maintain in confidence all information and data relating to GSSC, 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 GSSC (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 GSSC, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without GSSC’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 fulfil 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 your possession;

  • is, or becomes in the future, public knowledge through no fault or omission of you;

  • 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 GSSC using and processing your Personal Data for the Purposes and in the manner as identified 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 GSSC 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 GSSC from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

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

GSSC may use and process your Personal Data for business and activities of GSSC which shall include, without limitation the following (the “Purpose”):

  • To perform GSSC’s obligations in respect of any contract entered with you;

  • To provide you with any services pursuant to the Terms of Use herein;

  • To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;

  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;

  • validate and/or process payments pursuant to the Terms of Use herein;

  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;

  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;

  • To facilitate or enable any checks as may be required pursuant to the Terms of Use 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 GSSC to comply with its obligations under law;

  •  To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from GSSC, 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; and/or

  •  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 GSSC’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 GSSC processing your Personal Data for any of the Purposes, please notify GSSC 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.

GSSC will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information to GSSC, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

Third Party Interactions

During use of the Service, you may 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, the 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. GSSC 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, the Application and/or the Software, and in no event, shall GSSC, 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. GSSC provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and GSSC 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.

GSSC 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 of Use 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 GSSC. GSSC 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 Yello X’s website located at https://www.gothongsupplychain.com/. You agree and allow GSSC 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 the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold GSSC, 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 and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights to GSSC drivers, including transportation arranged via the Service, (d) your use or misuse of the Service, the Software and/or the Application.

Disclaimer of Warranties

GSSC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION AND THE SOFTWARE. GSSC DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE 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 AND/OR REWARDS 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 YOUR ITEMS OR THE DRIVER USING THE TRANSPORTATION. THE SERVICE ARE 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 RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

GSSC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES INCLUDING BUT NOT LIMITED TO SERVICES AND PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, OTHER SERVICES AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

Internet Delays

THE SERVICE, THE 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 OR GSSC PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. GSSC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GSSC SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOUR ITEMS ARISING FROM THE USE OF THE SERVICE.

GSSC SHALL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS TO YOUR ITEMS OR PROPERTY OR DELAY OF DELIVERY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

GSSC PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

GSSC DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES OR APPLICATION.

GSSC IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE APPLICATION.

GSSC SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHICH YOUR ITEMS MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE SERVICE.

Notice

GSSC may give notice by means of a general notice on the Application, electronic mail to your email address in the records of GSSC, or by written communication sent by registered mail or pre-paid post to your address in the record of GSSC. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to GSSC (such notice shall be deemed given when received by GSSC) by letter sent by courier or registered mail to GSSC using the contact details as provided in the Application.

Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of GSSC but may be assigned without your consent by GSSC. Any purported assignment by you in violation of this section shall be void.

General

This Agreement shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Philippines Dispute Resolution Centre (“PDRC”), in accordance with the Rules of the PDRC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the PDRC in accordance with the Rules.

The seat and venue of the arbitration shall be Cebu, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

No joint venture, partnership, employment, or agency relationship exists between you, GSSC as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use 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 GSSC to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GSSC in writing. The Terms of Use 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 GSSC 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 GSSC to compensate, reimburse or cover any cost incurred by you in the course of you acquiring under this Agreement.

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