Terms and Conditions
By downloading, accessing, and using the mobile applications, website, or other online platform applications including its web or software development, programing, or coding (“Platforms” collectively or individually) developed by WEMOVE TECHNOLOGY INC. (“WeMove”), a corporation established under the Philippines laws with address in Brgy. San Antonio Makati City, Philippines, you hereby agree to be bound and governed by the following Terms and Conditions and affirm that:
Please read carefully through these Terms and Conditions before accessing or using the Platforms.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORMS. PLEASE READ CAREFULLY “DISCLAIMER”, “LIMITATIONS OF LIABILITY” AND “INDEMNITY”. THESE PROVISIONS LIMIT OUR LIABILITY TO YOU.
IF YOU AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, PLEASE CLICK THE TICK BOX WHICH INDICATES YOUR CONSENT TO THESE TERMS AND WEMOVE PRIVACY NOTICE.
In these Terms and Conditions, the words “you” or “your” refer to all individuals and other persons who access or use the Platforms, including without limitation, to any organizations that enroll or otherwise access or use the Platform through their respective representatives or employees (“Users”).
In these Terms and Conditions, “Applicable Law” means applicable Philippine laws, rules, and regulations governing payments and all services provided hereunder, including: any and all foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders, or determinations of (or agreements with), and mandatory written direction from (or agreements with) any regulatory authority, as each of the foregoing may be amended and in effect from time to time.
WeMove reserves the right to change these Terms and Conditions from time to time. If we make changes, WeMove will notify you by revising the date at the top of the Terms and Conditions and, in some cases, will provide you with additional notice. You are encouraged to review these Terms and Conditions periodically to stay informed about WeMove’s practices. Whenever WeMove makes changes to these Terms and Conditions, they are effective on the date when the revised Terms and Conditions are posted unless you are notified otherwise. If you continue to use the Platforms after the revised Terms and Conditions have been posted, you will be deemed to have accepted the changes to such.
The services provided by WeMove (“Services”) are meant to link Users and independent third-party delivery partners (“Delivery Partner”) who provide transportation, logistics and/or delivery services. The transportation and/or logistics services provided by the Delivery Partner could be availed/requested through the use of the Platform supplied by WeMove.
You acknowledge that WeMove by itself or any of its affiliates does not own, employ, or provide transportation and/or logistics services or function as a transportation carrier and that all such transportation, or logistics services provided are provided independently by Delivery Partners under a Contract of Private Carriage between you and the Delivery Partner.
While using the Platforms provided by WeMove you agree that:
A. User Account
In order for you to use the Services, you are required to register for a personal account (“Account”) with WeMove. During Account registration, you are obligated to provide your personal information, such as your name, contact information directly or indirectly in accordance with WeMove’s Privacy Notice.
Once the Account registration is successfully completed with WeMove, you will be provided with an Account, accessible with a password of your choice. The Services or Platform may be restricted/limited based on your resident jurisdiction because of age, in such cases you must abide by the age limits and not use the Services or the Platform.
You agree that the details entered and maintained by you are accurate, complete, and valid. WeMove shall not be liable for false, incomplete, old, or incorrect registration information provided by you. Your failure to enter or maintain accurate, complete, and valid information may result in your inability to access and use the Services. You are responsible for all activity that occurs under your Account. WeMove is entitled to verify the information that you have provided at all times and refuse the use of the Services without providing reasons and prior notice.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Platforms. WeMove does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. WeMove reserves the right to terminate the use of the Services should you be using the Service in an incompatible or unauthorized device or that the security of your account has been compromised in any way or for any reason we may find just.
B. Use of Service
While using the Service, you agree that:
C. Rules of Use of Platform
By creating an Account, you electronically agree to accept and receive communications from WeMove including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to WeMove. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of WeMove, its affiliated companies and/or third-party contractors, including but not limited to communications concerning orders placed through your registration with respect to the Services. You may opt out by changing your notification preferences. Please note that opting out may impact your use of the Services.
WeMove, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to these Terms and Conditions and may be valid only for certain Users as indicated in the offer.
You agree that promotional offers:
WeMove reserves the right to withhold or deduct credits or benefits obtained through a promotional offer in the event that WeMove determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms and Conditions. WeMove reserves the right to modify or cancel an offer at any time for any reason without liability to WeMove. WeMove may also offer gratuitous credits to Users, which can be used for the Services. Any credit issued by WeMove is subject to the specific terms that WeMove establishes and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your Account. Expired credits are no longer redeemable.
While using or accessing the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Platform. Any such activity, terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. WeMove 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. WeMove has no responsibility or liability arising from any agreements between you and such third-party providers.
Use of the Platform is free of cost, but WeMove reserves the right to introduce a fee for the use of the Platform. (If we introduce this fee you will be notified and accordingly, you can decide to continue or terminate your Account).
You agree that:
WeMove offers you the facility to make top-up and purchase credits through WeMove Wallet. This facility is only allowed for IN-APP service requests. WeMove has the absolute right to revise the prices of any credit packages or credit amount/limits where applicable without giving prior notice.
All credits are pre-paid and are not exchangeable, returnable nor refundable once sold unless required by the Applicable Law or otherwise determined by WeMove at its own discretion.
You may top up your WeMove Wallet through the payment gatewyas found on the Platforms.
By electing any payment gateway in the Platform, you hereby agree to share your personal information, relevant payment details (i.e. card details, mobile number,) with the corresponding Payment Processor and authorize them to complete the transaction.
Your authorization will remain in effect as long as you maintain an Account in the Platform. In the event you delete your Card Details with the PG or the Payment Processors or if you delete your Account, the PGs or the Payment Processors will not process any further transactions initiated by you. Your authorization under this clause is subject to any other terms and conditions of the PGs and the Payment Processors.
WeMove shall not be responsible for any issue from payments via credit/debit cards.
Any payment-related issue, except when such issue is due to an error or fault of WeMove, shall be resolved between you and the Payment Processors. The processing of the credit or payment, as applicable, are subject to all applicable terms and conditions, privacy policies and other terms of applicable Payment Processors and your credit/debit card scheme in addition to these Terms and Conditions. WeMove cannot be held responsible for any errors or faults resulted from the Payment Processors.
WeMove alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and the Services. These Terms and Conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Platform and the Services, or any intellectual property rights owned by WeMove.
Company names, logos, and the product names associated with the Platform and the Services are trademarks and/or intellectual property of WeMove or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform and the Services.
By providing content, information or materials (“User Content”) to WeMove, except personal and sensitive information, you grant WeMove a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You acknowledge that WeMove only acts as a passive channel for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. WeMove shall not continuously monitor User Content published by you or moderate between Users, nor shall WeMove be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions, and other information expressed or included in the User Content do not necessarily represent those of WeMove.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy, or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep WeMove, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by WeMove or its affiliated companies related to any User Content posted or transmitted by you or your other use of the website, the Service or the Application.
WeMove reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which WeMove believes is not in accordance with these Terms (including materials which infringe or may infringe third-party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to WeMove.
WeMove respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to WeMove or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of WeMove, without any compensation to you; (ii) WeMove has no obligation to review your submissions; (iii) WeMove may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) WeMove has no obligation to keep your submissions confidential.
You may use information on the Platform purposely made available by WeMove for downloading from the Platform, provided that you:
These Terms and Conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the website, the Application or the Service, or any intellectual property rights owned by WeMove.
The Services are provided “as is” and “as available.” WeMove makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services requested through the use of the Services, or that the Services will be uninterrupted or error-free.
WeMove does not guarantee the quality, suitability, safety, or ability of third-party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Law.
WeMove does not control, manage, or direct any third-party providers including Delivery Partner. Third-party providers are not actual agents, apparent agents, ostensible agents, or employees of WeMove.
WeMove does not control, endorse, or take responsibility for any User Content or third-party content available on or linked to by the Services. WeMove cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.
WeMove is not responsible and shall not be held liable for:
Without limiting the foregoing, to the fullest extent permitted by Applicable Law in no event will WeMove aggregate liability arising out of or in connection with these Terms or the Services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of three times the Charges of the order, PHP 2,000.00 (for vehicle type of motorcycle), or PHP 3,000.00 (for other vehicle types) (whichever is less).Any claim with respect to the Services must be made by the claimant within 24 hours (for perishable items) and within 3 business days (for non-perishable items) from the expected order completion date as indicated in the transaction details on the Platform. WeMove reserves the right to reject any claim made or submitted beyond the said period. The claimant must submit claims via WeMove Chat with our customer service team and provide all necessary evidence to substantiate the claim including value of the items.
By accepting these Terms and Conditions and using the Service, you agree that you shall defend, indemnify and hold WeMove, its affiliates, its licensors, and each of their officers, directors, other users, 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:
Except as otherwise set forth in these Terms and Conditions, these Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the Republic of the Philippines.
In the case of cross-jurisdictional orders (e.g. Philippines users placing international or overseas orders), WeMove reserves all rights and shall have full discretion to decide on the applicable terms and conditions on a case-to-case basis. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by mediation, arbitration or courts of Philippines only.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WeMove without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms and Conditions binds and inures to the benefit of each party and the party’s successors and permitted assigns. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected.
In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
In case of any discrepancy between the English version and any regional language version, the English version prevails.
The Terms and Conditions herein constitute the Entire Agreement between you and WeMove, supplemental to whatever specific or specialized agreement that you may have executed with WeMove. This is subject to WeMove’s right to amend or modify the same; provided that you shall be notified accordingly and your consent shall be taken anew.