Terms of Use

Introduction

1.1 By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you.These Terms of Use (“TOU”) and other policies as may be provided herein, form the contract between you and Amigo, in connection with your use or availment of the Services provided by the latter . By accessing this website, you agree to be bound by this platform’s Terms of Use, all applicable laws, rules and regulations and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this platform.

1.2 Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

1.3 The information provided on the Site is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation or which would subject Amigo to any registration requirement within such jurisdiction or country.

1.4 Use of the Services is limited to authorized Customers who are of legal age and who have legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of our Services may not use or register for this Site.

1.5 AMIGO is a trade name used by PROJECT MOVE, INC. It is a TECHNOLOGY START UP COMPANY which merely links the user to a third-party provider. Third-party providers therefore are not authorized to represent, and shall not represent themselves to be agents, employees or staff of Amigo. Neither shall the solutions and services provided by third-party providers be deemed to be provided by Amigo. Therefore, Amigo is not responsible for the acts and/or omissions of any third-party provider, and any cause of action relating to third-party services shall be lodged solely against such the third-party provider.

Definition

  • Amigo - a trade name used by Project Move, Inc., a corporation duly-organized and existing under the laws of the Republic of the Philippines, and the administrator of the Amigo App
  • Accredited Riders - duly-licensed drivers not registered as common carriers, who have been duly-accepted as part of the pool of Amigo’s delivery partners who aim to perform the delivery services booked and posted by customers
  • Customers - natural or juridical persons booking the third-party service using the Amigo app, who can either be receivers or senders of the packages or cargos for delivery
  • Order - refers to specific delivery instructions booked through Amigo, indicating information specific to the transaction such as names and addresses of intended recipients, and date and time of deliveries
  • Privacy Policy - means the Privacy Policy attached hereto as “Annex A”;
  • Rider Services - refer to services performed by the third party providers and/or participating riders, in favor of the customers, which include pick-up, transportation and delivery of packages or cargoes to and from stated locations, pursuant to a booked Order.
  • Services - refer to the linking services provided by Amigo generated and completed electronically through the Software or Application;
  • Software - means the software associated with the application which is supplied and made available for download and installation by Amigo;
  • Third Party Providers - refer to independent third parties/ delivery partners providing the rider services, including the registered owners for the vehicles accredited with Amigo;
  • Users - Refer to both customers and accredited riders using the Amigo App.

Use of Amigo Software

3.1 User is permitted to install a copy of the Software on User’s mobile device for use only as indicated herein. Other than the non-exclusive, non-transferable and limited license to use the Software as herein provided, no other license or right is granted to the User. Ownership and all other rights to the Software are hereby expressly reserved to Amigo. User therefore shall not:

  • 3.1.1 License, sublicense, distribute, lease, sell, assign or otherwise transfer copies of the Software or the license for the use of the Software to any third party;
  • 3.1.2 Modify, translate the Software or create derivative works based on the Software, or reverse engineer, decompile, disassemble, decrypt, or extract any code from the Software;
  • 3.1.3 Post, distribute or reproduce, remove or in any way, modify any copyrighted material, trademarks, or other proprietary information contained in the Application;
  • 3.1.4 Upload or send out any kinds of computer viruses, worms, trojans, or malicious codes, obscene, threatening, libelous, or otherwise unlawful or harmful materials that can, or potentially cause damage to the reputation of Amigo, or in any way disrupt or interrupt the normal operation of the Software.

Use of Amigo Services

4.1 Customer shall use the Software to initiate the engagement of an Accredited for a Rider Service through an Order. Compensation shall be in accordance with the “Rates”, provided in Annex “A”.

4.2 Amigo shall thereafter render services, as follows:

  • 4.2.1. Compute and provide the fees and charges for the Order;
  • 4.2.2 Disseminate the Order details to eligible Accredited Riders for their acceptance;
  • 4.2.3 Once an Accredited Rider accepts the Order, transmit to the Customer the details of the Accredited Rider who has accepted the Order.

Disclaimer

5.1 Amigo, as a Technology-Based Platform Provider, only facilitates the perfection and performance of the Contract between the Customer and the Accredited Rider.

5.2 Amigo is neither engaged in the activities of private or common carriers, nor in the operation of public utilities.

5.3 Except to the extent that it renders the Services as defined in Sections 2 and 4.2 above, Amigo is not, in any way, involved in the management, control and/or supervision of the Third Party Providers and/or Accredited Riders, who work completely and independently from Amigo;

5.4 Amigo is not a principal, agent, or employer of the Third Party Providers and/or Accredited Riders.

5.5 The Orders submitted and accepted through the Software constitute the contracts which are exclusively and solely between the Customers and the Third Party Providers and/or Accredited Riders. Amigo is not a party to the contracts. Hence, any complaint between Customer and Third Party Provider and/or Accredited Rider shall be settled between them.

5.6 While Amigo may, upon Customer’s complaint, initiate investigation for any alleged improper, inappropriate or illegal conduct by, or any other violation of the Accredited Riders, such investigation will primarily be aimed at evaluating the appropriate penalties to be imposed on, or the continued accreditation of such Third Party Provider/Accredited Rider as part of Amigo’s pool of delivery partners.

Representations, Warranties and Undertakings

6.1 Customer: By using the Service, Customer represents, warrants and undertakes that:

6.1.1 He/She is at least eighteen (18) years old and has the legal capacity to enter into, and be bound by the TOU, as these apply to him/her;

6.1.2 All the information which he/she shall provide when booking an Order shall be complete, true and accurate in all material respects, as to sufficiently enable Amigo to determine with particularity the applicable rates for the services to be rendered;

6.1.3 He/She will be solely responsible for the security and confidentiality of his/her account, including all details that shall allow him/her to access and use the Application, Platform and Services described herein, and shall further not allow others to use the same;

6.1.4 In case of breach of security, he/she shall immediately notify Amigo of the same;

6.1.5 He/She shall use the Software, Platform or Application only for the legal purposes for which they are intended and not for purposes of sending, transporting or storing any unlawful, harmful or restricted materials defined under Section 9 below, or for any fraudulent or illegal purposes;

6.1.6 He/She shall not use the Software, Platform or Application to cause nuisance to Amigo, its Accredited Riders, or to any third party;

6.1.7 He/She shall assume full responsibility for all losses or damages caused to Amigo, its Accredited Riders in case of his/her violation of the terms and conditions of these TOU;

6.1.8 He/She shall hold Amigo free and harmless from any liability that may result to third parties as a consequence of his/her violation of the terms and conditions of these TOU;

6.1.9 He/She You agrees that his/her use of the Service will be subject to Amigo’s Privacy Policy as may be amended from time to time;

6.1.10 In case of any investigation that may be conducted by Amigo in order to comply with any legal or regulatory requirement, he/she shall extend full cooperation to, or otherwise assist Amigo.

6.2 Third Party Provider/Accredited Rider: By using the Service, Third Party Provider/Accredited Rider represents, warrants and undertakes that:

6.2.1 He/She either owns, or has the legal right and/or authority to operate, the vehicle, motorcycle or bicycle, (“Vehicle”) accredited or registered with Amigo, intended for use when accepting Customer Order, and that such Vehicle is in good operating condition;

6.2.2 Third Party Provider has the all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to the public in the jurisdiction in which the Rider Services shall be performed;.

6.2.3 The Accredited Rider possesses a valid driver’s license and is authorized to operate a motor vehicle intended to be used to carry out the Rider Services;

6.2.3 The Accredited Rider will use the appropriate road safety equipment (e.g. helmet);

6.2.4 He/She has a valid policy of liability insurance for the operation of the Vehicle to cover any anticipated loss related to the performance of the Rider Services;

6.2.5 The Third Party Provider and Accredited Rider shall be jointly and solidarily responsible for any and all claims, and liabilities resulting from any accident, loss or damage including those resulting to personal injuries, death, total loss and property damage, loss and damage to goods being conveyed or delivered or delays in the rendition of Rider Services;

6.2.6 The Third Party Provider and Accredited Rider shall obey all laws, ordinances, rules and regulations related to the operation of the Rider Services and together, will be jointly and severally responsible for any violation of such laws, ordinances, rules and regulations;

6.2.7 He/She shall not contact any Customer for purposes other than in connection with the rendition of Rider Service, or otherwise track, harass, or stalk any Customer;

6.2.8 He/She agrees not to use the Software, Application or Platform for other purposes such as but not limited to data mining of Customer information or any other information sourced from the use of the Application or the Service; and

6.2.9 He/She agrees to be bound by the terms of these TOU.

Registration and Profile Management

7.1 For Customer:

7.1.1 The Customer shall be required to first register before availing of the Amigo services.

7.1.2 Upon registration, the Customer agrees to provide personal data such as full name, phone number and email address for verification purposes. (Refer to our privacy policy for our use of data provided).

7.1.3 The Customer shall be sent a One-Time Pin (OTP), to validate his phone number. Email verification shall only be required if the Customer wishes to receive personal data such as e-invoice through email.

7.1.4 The Customer may change any of the personal data in the account settings. Each change in phone number and email address shall be validated through OTP verification.

7.1.5 The Customer warrants that all his/her personal information shared through the application are valid and truthful. Should the customer create fake or fictitious accounts, the customer and the contact details provided will immediately be banned from the system.

7.2 For Third Party Provider/Accredited Rider:

7.2.1 The applicant Third Party/Rider is only allowed to register only one vehicle unless otherwise consented to by the Amigo admin. Upon registration, the applicant Third Party/ Rider agrees to provide his true personal data such as full name, phone number and email address, and payment accounts. (Refer to our privacy policy for our use of data provided). Amigo reserves the right to require more information from the applicant, as it may deem necessary for purposes of establishing the identity and qualifications of the applicant and/or his vehicle.

7.2.2 Amigo shall within three (3) days from its receipt of the complete application verify, and if appropriate accept the applicant into Amigo’s pool of Accredited Third Party Providers and/or Drivers. Amigo shall send a notice of its decision to the applicant via text or email. Amigo’s decision on this matter shall be final.

7.2.3 The Accredited Rider shall be sent an OTP to validate and/or verify his phone number. Email verification shall only be required if the Accredited Rider wishes to receive personal data such as e-invoice through email.

7.2.4 The Accredited Rider may change any of the personal data in the account settings. Each change in phone number and email address shall be validated through OTP verification.

7.2.5 The Accredited Rider warrants that all his/her personal information shared through the application are valid and truthful. Should the Accredited Rider make use of fake or fictitious accounts, the Accredited Rider and the contact details provided will immediately be banned from the system.

Assumed Responsibility

8.1 Package Details

8.1.1 Customers shall make sure that the package details provided are accurate and complete, especially when opting for multiple drop-offs. Should there be any specific consideration, such as specific handling measures that need to be taken, customers must inform Amigo and the Accredited Rider immediately.

8.1.2 Packages shall conform to the maximum size (45 x 45x 50 cm) and maximum weight (20 kg).

8.1.3 Accredited Riders may reject and cancel the booking for packages that are either not labelled accurately, or exceed the specified maximum size and weight, as indicated above.

8.2 Package Liabilities

8.2.1 The Customer warrants that he/she is either the owner, or authorized representative of the owner, of the package.

8.2.2 The Customer warrants that he/she has prepared and packed the item/s personally in a way that it/they is/are secured when in transit.

Restricted Items

9.1. The following Items cannot be transported through Amigo:

9.1.1 Fragile items that require special handling, such as bottled beverages and the like. If a Customer nevertheless insists on transporting such items, the Accredited Rider may do so without any guarantee that it will be at its original form upon delivery. However, the Accredited Rider shall exert every effort to handle the package with care;

9.1.2 Unpacked or loose items that can be easily damaged or lost in transit;

9.1.3 Perishable items (Perishable within 2 hours);

9.1.4 Hazardous, explosive, flammable and other unsafe items;

9.1.5 Valuable items including jewelry credit cards and debit cards;

9.1.6 Illegal drugs and substances;

9.1.7 Live animals;

9.1.8 Counterfeit goods;

9.1.9 Any deadly weapon, whether licensed or not;

9.1.10 Pornographic material

9.1.11 Item(s) with an aggregate value exceeding PHP 5,000 (Five Thousand Philippine Pesos)

9.1.12 Cash-equivalent items such as gift certificates, gift cards, vouchers, where the aggregate value shall not exceed PHP 2,000 (Two Thousand Philippine Pesos).

9.2 Amigo and Accredited Rider reserve the right to check packages if suspected to be illegal, and to reject and report restricted items.

9.3 The customer warrants that he/she complies with all applicable laws relating to the particulars, condition, packaging, handling, storage and transportation of the package.

9.4 Amigo shall be liable for damages up to the extent of PHP 2,000 only. The Accredited Rider shall, if found to be negligent or at fault, be responsible for the value exceeding PHP 2,000. However, Amigo will help in facilitating the insurance claim between Customer and the Accredited Rider.

Payments & Loyalty Programs

10.1 In the absence of any specific instruction to the contrary, the Customer booking the Rider Service shall be primarily responsible for paying the delivery service fee. Ultimately, however, the Customer will be accountable if the upon booking, Customer identifies recipient of the package to be delivered as payor of the service fee, but the latter does not pay such fee for any reason.

10.2 The Customer warrants that he/she is responsible for shouldering the delivery fee in full in the event that he/she decides to cancel the booking after it has been confirmed by an Accredited Rider.

10.3 Amigo has the right to suspend or block any Customer from accessing the application if the Customer refuses, or is unable to pay for the service and any incurred fees, whether the booking was planned, intentional or accidental.

10.4 For cash payments, the Accredited Rider is responsible for collecting the cash amount indicated in the booked order. The Accredited Rider shall be responsible for the return and/or refund of any amount collected in excess of the service fee due.

Wrong Order Information

11.1 For Customers:

11.1 The Customer shall be responsible for the accuracy of the delivery details when booking for the service. Amigo shall not be responsible for delay or non-delivery of packages resulting from errors in the delivery details. A delivery detail is considered erroneous in the following instances:

11.1.1 Customer selects wrong pick-up/drop-off locations before rider has accepted booking;

11.1.2 Customer selects wrong pick-up/drop-off locations after rider has accepted the booking;

11.1.3 Customer selects wrong drop-off location/s after rider has reached pick-up location;

11.1.4 Customer selects wrong drop-off location/s after rider has left pick-up location;

11.1.5 In case the customer realises an error in details, the Customer must immediately inform Amigo and the Accredited Rider.

11.2 For Accredited Riders:

11.2.1 The Accredited Rider is responsible for making sure that the Customer is properly informed about the erroneous delivery details. The conversation should be properly documented through SMS or in-app chat messaging and sent to Customer service/admin for verification.

Cancellations

12.1 For Customers:

12.1.1 Specific Customer cancellation policies for each product are indicated in Annex xx.

12.1.2 In general, the Customer may cancel the service before any Accredited Rider has accepted the request. Likewise, the Customer may cancel the service, after the Accredited Rider has accepted the service, but only within a certain timeframe as indicated in Annex xx. After this timeframe, the Customer shall be charged cancellation fees.

12.1.3 If the Customer cancels after the Accredited Rider has picked up the package/s, then he shall pay the amount charged a cancellation fee. Further, the Customer must then book a new Order for delivery of the package back to him/her. Otherwise, the Accredited Rider shall deliver the package to a designated office of Amigo.

12.1.4 Amigo has the right to suspend or block any Customer from accessing the application if Amigo determines that the Customer has abused its cancellation policies indicated in Annex xx.

12.2 For Accredited Riders:

12.2.1 The Accredited Rider may cancel the booking through the SOS button for acceptable reasons such as:

  • 12.2.1.1 Trouble with law enforcements;
  • 12.2.1.2 Accidents;
  • 12.2.1.3 Mechanical breakdown of vehicle;
  • 12.2.1.4 Other emergencies

12.2.2 However, trip cancellations will affect the Accredited Rider’s ratings and cancellation rate. Abuse in the use of the SOS, as determined by the Amigo admin, may result in suspension of the Rider’s accreditation.

12.2.3 The Accredited Rider is highly discouraged from using the SOS button while in the performance of a task, i.e., he has possession of the package, except for clearly justifiable reasons. In such exceptional cases, the Accredited Rider shall coordinate with Amigo admin to organise the return of the package to the Customer.

12.2.4 The Accredited Rider shall have the right to request cancellation of the booked service from the Customer or Amigo admin in the following instances:

  • 12.2.4.1 Customer or recipient cannot be contacted through the phone number indicated at the time of the confirmed booking;
  • 12.2.4.2 Location of either Customer or Recipient is outside the coverage delivery zone offered in the application;
  • 12.2.4.3 Customer provided wrong or inadequate information;
  • 12.2.4.4 Package exceeds the weight limit and/or dimensions specified by Amigo

Cancellations due to any of the foregoing reasons shall not affect the Accredited Rider’s cancellation rate.

12.2.5 Cancellations made by Accredited Riders for unjustifiable reasons, shall render the Accredited Rider to administrative liabilities such as penalties, suspension or revocation of accreditation.

Ratings

13.1 The Customer and Accredited Rider who performed the booked order will be able to rate each other. The Customer and Accredited Rider’s average rating and any comment received will be made available and shared to other Customers and Accredited Riders, as well as to Amigo admin. This information will also be provided to the Customer’s and Accredited Rider’s future transactions.

13.2 Amigo reserved the right to store and analyze all ratings of any Customer or Accredited Rider, and has the right to take appropriate actions on such Customer or Accredited Rider as the circumstances warrant.

Additional Services

14.1 For Customers:

14.1.1 The Customer is responsible for selecting the additional services that will be required to fulfill the booking. Should the customer fail to select this, he/she will be covering the necessary charges the additional service will incur. This will also have an effect on the customer rating should the rider decide to give the customer a poor rating due to the unclear instructions initially given by the customer.

14.1.2 Amigo is not responsible for any delays and cancellations due to the Customer’s failure to select the correct additional service.

14.2 For Accredited Riders:

14.2.1 The Accredited Rider is responsible for accepting additional service bookings if they have the necessary resources to fulfill the booking.

14.2.2 The Accredited Rider may cancel the booking should the Customer fail to select the additional services that will be required for the completion of the booking. As this will still affect the Accredited Rider’s cancellation rating, he/she can communicate the error with the Customer and ask them to cancel the booking themselves. The conversation should be properly documented and will be used as proof should there be complaints raised in relation to this issue.

14.2 Cash Handling

14.2.1 For Customers:

  • 14.2.1.1 The customer will bear the risk for the loss of cash or cheque during transit should the value exceed the insured amount of PHP 5,000 indicated in clause 9.1.11 (restricted items) Any claims for any loss shall be reported by the customer to the rider and the customer service/admin within a period of twenty four (24) hours. Any claims submitted by the customer beyond the allocated time shall be waived.

14.2.2 For Riders:

  • 14.2.2.1 The rider will take accountability for the loss of cash, cheque or other cash equivalents during transit and shall be limited to five thousand pesos (PHP5,000).

14.3 Purchase Service

14.3.1 For Customers:

  • 14.3.1.1 The Customer is responsible for selecting additional purchase services should there be any requirements for the Accredited Rider to buy products or services on behalf of the customer only if the purchase amount is below PhP 2,000. Should the Customer fail to do so, he/she is responsible for covering the additional charges this service shall incur.
  • 14.3.1.2 The Customer shall take full responsibility should there be cancellations of the booking due to the unforeseen costs of the purchase service as a result of the failure of the customer to select the additional purchase service required to fulfill the booking.
  • 14.3.1.3 The Customer is responsible for making sure that the items to be purchased are available in the store, or that the store where the items are to be purchased are operational. Should the goods or services be unavailable, or the store be closed, the Customer shall coordinate with the Accredited Rider as to the alternative goods, or locations. The Customer will shoulder the additional charges incurred for these change of instructions.

14.3.2 For Accredited Riders:

  • 14.3.2.1 The Accredited Rider is responsible for making sure that he/she is carrying the minimum amount required to accept the additional purchase service. Should the rider fail to purchase the goods or services due to the shortage of payment, the Accredited Rider shall be responsible for communicating this with the Customer before cancelling the booking. This will affect the overall rating of the driver.
  • 14.3.2.2 The Accredited Rider shall be responsible for informing the Customer should the goods or services to be purchased be out of stock. This should be properly communicated to the customer before proceeding with the checking out.
  • 14.3.2.3 The Accredited Rider shall be responsible for informing the Customer should the store where the goods or services to be purchased be closed. This should be properly communicated to the Customer for the succeeding actions to be taken and the conversation should be properly documented.
  • 14.3.2.4 The Accredited Rider shall contact admin/customer service should the Customer decide to cancel the booking after the goods or services have already been purchased. The admin/customer service will be requiring the Accredited Rider to present necessary information to establish the initial arrangement with the Customer. Sufficient evidence should be presented for the Accredited Rider to claim the refund for the item. Evidence should be presented in person at Amigo’s designated offices.
  • 14.3.2.5 Additional charges incurred by the Accredited Rider for parking which is necessary, related or incidental to effect delivery to the Customer shall be for the account of the latter, and shall be reimbursed directly to the Accredited Rider.

14.4 Queuing Service

14.4.1 For Customers:

  • 14.4.1.1 The Customer shall be responsible for making sure that he/she selects the additional queuing service should there be any requirement for the Accredited Rider to line up to either purchase or collect package/s. Should the Customer fail to select the said additional service, he/she is responsible for covering the costs that the additional service will incur.

14.4.2 For Accredited Riders:

  • 14.4.2.1 The Accredited Rider shall be responsible for informing the Customer should there be any requirement for the Accredited Rider to line up to purchase or collect package/s. Should the customer fail to select the said additional service, the Accredited Rider needs to communicate with the customer and Amigo admin that there will be additional costs that the Customer needs to cover for the queuing service provided. If approved, the Accredited Rider shall select queuing service in the app to appropriately charge the customer. The Accredited Rider shall not request payment from the Customer outside the application.

14.5 Insulated Box

14.5.1 For Customers:

  • 14.5.1.1 The Customer shall be responsible for informing the Accredited Rider as to the nature of the package that is to be delivered and the necessary special handling considerations that need to be attended to, if any.

14.5.2 For Accredited Riders:

  • 14.5.2.1 The Accredited Rider shall be responsible for making sure that packages required to be put in the insulated box are arranged accordingly. Should there be additional instructions from the Customer on the necessary special handling, the Accredited rider shall be responsible for complying with this to avoid damaging the package.
  • 14.5.2.2 The Accredited Rider shall be responsible for ensuring that he has an insulated box before accepting Customer bookings with this additional service requirement. Failure to do so may lead to cancellation, reduced ratings, and possible suspension.

14.6 Multiple Drop-Offs

14.6.1 For Customers:

  • 14.6.1.1 The Customer shall be responsible for ensuring that all booking details and other pertinent information stipulated in the dropoff points are accurate. Aside from the names, contact details and the addresses, the customer should clarify the types of packages that will be dropped off or picked up in the locations. Should there be any special handling requirements, these should also be provided in the additional information section. The customer will be liable for the errors and damages due to failure to provide all necessary and accurate information.

14.6.2 For Accredited Riders:

  • 14.6.2.1 The Accredited Rider shall be responsible for clarifying with the Customer should the instructions in the additional information section remain unclear. Should any issue arise due to the misinterpretation of package assignments, the conversation should be properly documented through SMS or in-app chat messaging and sent to the Customer, and Amigo admin for verification.
  • 14.6.2.2 The Accredited Rider shall be responsible for informing the Customer should there be any delay exceeding 30 minutes from the expected time of arrival to the next drop off or pick up location.
  • 14.6.2.3 The Accredited Rider shall be responsible for ensuring that the order of the drop off and pick up locations indicated in the booking app is followed. Should there be instances when the locations can be optimized, it is the responsibility of the Accredited Rider to inform the Customer and get his/her approval to follow the optimized route. Approval from the Customer should be properly documented and will be used should there be any Customer complaints raised due to the non-approval of route optimization.

Waiting Time

15.1 For Customers:

15.1 The customer warrants that he/she shall be responsible for shouldering the delivery booking fee in full in the event that the sender or the recipient of the package is unreachable after 5 minutes from the time the rider arrives at the delivery location.

15.2 For Accredited Riders:

15.2.1 The Accredited Rider guarantees that he/she shall be responsible for reaching the Customer through all possible means of communication (SMS, call, and in-app chat) upon arrival at the agreed location during the allowable waiting time. Historical logs on texts, calls and in-app chat should be presented when the Customer contests the delivery booking fee being charged.

Complaints

16.1 Customer bookings, when submitted and accepted through the Software, constitute the contracts which are exclusively and solely between the Customer and the Third Party Provider and/or Participating Rider. Amigo is not a party to the contracts. Hence, any complaint between Customer and Third Party Provider and/or Participating Rider shall be settled between them.

16.2 While Amigo may, upon Customer’s complaint, initiate investigation for any alleged improper, inappropriate or illegal conduct by, or any other violation of the Participating Riders, such investigation will primarily be aimed at evaluating the appropriate penalties to be imposed on, or the continued accreditation of such Third Party Provider/Participating Rider as part of Amigo’s pool of delivery partners.

16.3 Amigo will only acknowledge complaints with proof of conversation done within Amigo Chat. This is to ensure security of both parties.

Repair and Maintenance of Vehicles

Amigo shall not be responsible for the repair and maintenance of the Third Party Provider and/or Participating Rider’s vehicle/s. Similarly, Amigo shall not be responsible for the fuel of the said vehicle/s. Nevertheless, Amigo may provide promos or discounts to such services from time to time to assist in the costs of the Third Party Provider and/or Participating Rider.

Health and Safety Assurance

18.1 The health and safety of both Customers and Accredited Riders are of the utmost priority of Amigo. Hence, upon using our services, all Customers and riders must observe the conditions under this Terms of Use, as well as Amigo’s Code of Conduct. The Accredited Riders may be required to undergo road safety training programs to ensure they have a refresher on the best practices while on the road.

18.2 To ensure the safety of Customers and Accredited Riders, and the security of their personal information, the Customers and Accredited Riders are not allowed to communicate with each other after the service is completed. Similarly, Accredited Riders must not share the personal information of Customers to other riders, Customers, or any other third party. Amigo reserves the right to block Customers, or to suspend or terminate the accreditation of the Accredited Riders for any violation of this clause.

18.3 Amigo shall not be liable for any accident incurred by either the Customer and/or Accredited Rider while performing a service. Amigo shall likewise not be liable for any trouble with law enforcements. Nevertheless, Amigo advises Customers and Accredited Riders to contact the admin for any issue during service.

Intellectual Property Ownership

19.1 The materials contained in this Platform are protected by applicable copyright and trademark law. All copyright, trademarks and all other intellectual property rights in this website and its content are owned by, licensed and used by Project Move, Inc. as permitted by law. Users will not use this website for any purpose that is unlawful or prohibited.

19.2 Further, Users agree that they shall not:

  • 19.2.1 Modify or copy the materials in this Platform;
  • 19.2.2 Attempt to decompile or reverse engineer any software contained in this website;
  • 19.2.3 Use the materials in this Platform for any commercial purpose, or for any public display;
  • 19.2.4 Remove any copyright or other proprietary notations from the materials in this platform;
  • 19.2.5 Transfer any materials in this website to another entity or “mirror” materials on any other server; and
  • 19.2.6 Use any electronic communication feature on this platform for any purpose that is unlawful, tortuous, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene or threatening.

Taxes

Users shall be accountable for paying any tax and statutory contributions due in respect of sums payable to Amigo, and those payable to them under or in connection with this Agreement.

All Fees shall be exclusive of Value Added Tax (VAT). VAT includes Goods and Services Tax (GST) and/or similar sales taxes. If VAT is chargeable on any Fees, you shall pay the VAT amount to Amigo when making payment of the Fees. Fees paid shall be paid free of any deduction for withholding tax (if applicable).

Confidentiality, Data Privacy and Protection; Data Privacy Policy

21.1 Amigo takes steps to ensure that the data the User shares with us is processed only for the purposes and shared only with the parties he/she has specifically consented to. For more information on how we use a User’s personal information, please read our Privacy Policy here.

21.2 User may request to have his/her account closed or to have any associated information about him/her modified or deleted (subject to existing data retention laws) by sending us a message on [email protected]

21.3 Unless otherwise agreed with Amigo, the termination of a User’s account shall not cause the corresponding termination, reduction or cancellation of any outstanding liability or obligation he/she may have towards Amigo (and vice versa).

21.4. User agrees to use secure communication lines and internet connection when using the Software, Application or Platform. Before logging in to his/her contact details or sending personal information, User shall ensure that the correct website has been accessed.

21.5 User shall be responsible for maintaining the confidentiality of any contact information he/she logs in.

21.6. User may ask Amigo, at any time for confirmation on whether we are processing his/her information, the purposes we are processing it for, and the persons or entities who may have access to his/her information. Complying with User’s request (especially producing a digitally portable version of his/her processed data) may be subject to data review and reproduction costs. Please send us a request through [email protected] for this purpose.

21.7. Due to the 2020 Covid-19 pandemic, user data may be used for contact tracing efforts to minimise the spread of the virus.

21.8 For Customer and Rider protection, Amigo will be storing information including their customer details and Amigo Chat conversations. This will be used as reference for any complaints that may arise during the transaction. Only conversations through Amigo Chat will be recognized when raising discourse.

Third Party Interactions

22.1 Amigo uses third party software to improve the application and its overall service. However, Amigo is not responsible for the actions of these third parties. Note that each third party service may have their own Terms of Use and Privacy Policy. Some third party interactions includes:

  • Google Maps
  • SMS gateway for phone verifications, promotions and marketing
  • Live chat gateway for communication with admin
  • Training platform for rider training
  • Facebook for social media sign in

Other third party interactions include Apple, Google and Android

Indemnification

23.1 User agrees to assure and hold Amigo, its subsidiaries and affiliates, directors, managers, officers, associates, assistants and licensors free and harmless, as well as indemnify them, from any and all losses, expenses, damages and costs resulting from any violation of the terms and conditions of this TOU.

23.2 User also agrees to assure and hold us free and harmless from any liability arising from any loss or damage of whatever nature in connection his/her use of this platform in the following instances:

  • 23.2.1 Disruption, failure or delay relating to or in connection with the platform which are due to circumstance beyond our reasonable control;
  • 23.2.2 Loss or damage he/she may suffer arising out of any improper, fraudulent access or utilization of the platform due to theft or unauthorized disclosure of his/her contact information or violation of other security measures with or without his/her participation; or
  • 23.2.3 Inaccurate, incomplete or delayed information he/she receives due to disruption or failure of any communication facilities used for the platform.

Warranty Disclaimer

No representation or warranty is herein made as to the availability, reliability, timeliness, accuracy or completeness of the Service, Software, Application or Platform. User agrees that he/she shall bear all risk arising out of his/her use of the Service provided by Third Party Providers and shall have no recourse against Amigo in respect of the same.

Internet Delays and Application Issues

The Customers and Accredited Riders are responsible for ensuring that their mobile devices have enough battery capacity to complete a task. Amigo shall not be liable for any missed delivery or phone call during a transaction due to battery issues or any other device issues.

Amigo is not responsible for any issues the Customers and Accredited Riders may face with regard to internet connectivity, and inconsistent location services and GPS. However, Customers and Accredited Riders are advised to contact the admin as soon as these issues occur to maintain an excellent service experience.

Accredited Riders have the right to switch their status from inactive to active anytime to start accepting service bookings.. However, if an Accredited Rider switched to active accidentally and has ignored too many requests, he will automatically be switched to inactive. Amigo has the right to record all data relating to Accredited Rider ignores, and may suspend the Accredited Rider if abuse has been determined.

REVISIONS

These Terms of Use, as well as other materials appearing on the Software, Application or platform could include technical, typographical, or photographic errors. Amigo does not warrant that any of the materials on its platform are accurate, complete, or current. Amigo may make changes to the materials contained on the platform with or without notice.

MODIFICATION OF TERMS AND CONDITIONS

Amigo may revise these Terms of Use for this platform at any time without notice. By using this platform, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

LINKS

Amigo has not reviewed all of the sites linked to this platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Amigo of the linked site. Use of any such linked website shall be at the User’s own risk.

GOVERNING LAW

Any claim relating to these Terms of Use, and the use of the Amigo Software, Application of Platform shall be governed by the laws of the Republic of the Philippines.