Representations and Warranties
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 may pay for the service by cash and WHEN available, by credit card and or debit card (“Card”).
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.
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
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
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 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;
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.
Third Party Interactions
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.
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.
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.
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.
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.