Terms of Service: Booking and Delivery Management

Last modified: 27/07/2020

Terms of Use

1. Introduction

1.1. Thank you for choosing Zenmov ("Zenmov," "we," "us," "our). Zenmov is a technology company that provides a platform for users to obtain and procure solutions. Such solutions are supplied by a third-party provider or third-party providers ("Third Party Providers") and the role of Zenmov is to link the user with such Third-Party Providers. Zenmov is not responsible for the acts and/or omissions of Third-Party Providers and any such liability shall be borne by the Third Party Providers. The solutions provided by the Third-Party Providers shall not be deemed provided by Zenmov. These Terms of Use cover the service in the platform provided by Zenmov to the user (the "Service").

1.2. Please read these Terms of Use carefully. By using the Service, you agree that you have read and understood the terms in these Terms of Use, accept them and agree to be bound by them. These Terms of Use and the Zenmov Policies constitute a legally binding agreement (“Agreement”) between you and Zenmov.

 

2. Definitions

2.1. Zenmov - means Zenmov Philippines Inc., a corporation duly organized and existing under the laws of the Philippines. Zenmov is the authorized administrator of the Zenmov User's application or program (the "Software") in the Philippines and is engaged in the business of providing the Services to Users in the Philippines;

 

2.2. User - means any natural or juridical person who installs a copy of the Software on a mobile device and utilizes the Services through the Software;

 

2.3. Software - means the relevant mobile application(s) and its related software, including all associated features and functionalities, websites and user interfaces, as well as all content and applications associated with our services, made available for download and/or access by Zenmov to users and Third-Party Providers;

 

2.4. Third-Party Provider - means the independent third parties who provide the solutions to the Users through the Service, including but not limited to drivers, delivery partners, and other third-party merchants such as but not limited to laundry shops;

 

2.5. Service - means the booking and delivery management services that links Users to Third Party Providers or other users through the Software;

 

2.6. Zenmov Policies - mean the following;

 2.6.1. the Privacy Policy;
 

 2.6.2. the Third Party Provider Code of Conduct or the Customer Code of Conduct, as may be applicable; and
 

 2.6.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to

 or entered into by you from time to time;

 

2.7. Personal Data - is any information that can be used to identify you or from which you are identifiable. This includes but is not limited to your name, telephone number, bank and credit card details, email address, your image, government-issued identification numbers, date of birth, marital status;

 

2.8 Solutions - mean the service requested by the User to be fulfilled by the Third-Party Providers through the Software; and

 

2.9. User charges - shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes, and any other fees or charges that may be due for a particular use of the Service or Solution.

3. Use of Software

3.1 User is permitted to install a copy of the Software on User’s mobile device for use in the Philippines provided that User shall not use the Software or the Services for any commercial purposes. Other than the license to use the Software as herein provided, no other license or right is granted to the Use and ownership of the Software and all other rights are hereby expressly reserved by Zenmov. User shall not:

 3.1.1. rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the

 Software to any third parties;


 3.1.2. modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works

 based on the Software;


 3.1.3. interrupt the normal operation of the Software, or use any methods to export or modify the source code of

 the Software;


 3.1.4. upload or send out any kinds of computer viruses, worms, trojans, or malicious codes;


 3.1.5. install and/or execute the Software on any device other than the mobile device running the operating

 systems approved by Zenmov;


 3.1.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary

 information without obtaining the prior consent of the owner of such proprietary rights; and


 3.1.7. remove any copyright, trademark, or other proprietary rights notices contained on the Software.

3.2. The Software is delivered to Users on an “as is” basis and although Zenmov has used its best endeavors to make the Software work properly on mobile devices, Zenmov does not warrant the performance of the Software nor the compatibility of the Software with Users’ mobile devices.

4. Representations, Warranties, and Undertakings

4.1. The User hereby expressly agrees and acknowledges that:

 4.1.1. Zenmov does not provide delivery nor transport services;
 

 4.1.2. Zenmov is a technology company and is not, and does not represent itself to be, engaged in the activities of

 a common or private carrier or a public utility;
 

 4.1.3. Zenmov shall not be liable to the User for any damages, claims, or costs whatsoever including any

 consequential, indirect, incidental damages or any loss of profit or damages to their mobile devices as a result of

 their installation and/or execution of the Software, or their booking of the Solutions using the Software, even if

 Zenmov or its representative has been advised of the possibility of such loss, damage or claim from User; and
 

 4.1.4. Zenmov shall not be liable for any loss or damages, including any injury which a User or Third Party

 Providers may suffer as a result of the provision of the Solution contracted by the User from a Third Party

 Provider or Third Party Providers using the Software.

4.2. By using the Service, you represent, warrant/undertake that:

 4.2.1. You have the legal capacity to enter into the Agreement and that you are at least eighteen (18) years old.

 You cannot enter into the Agreement if you are below eighteen (18) years old;
 

 4.2.2. All the information which you provide shall be true and accurate;
 

 4.2.3. You will only use the Software and/or Service for their intended and lawful purposes;
 

 4.2.4. You will not try to interrupt or harm the Software and/or the Software in any way;
 

 4.2.5. You shall not impair or circumvent the proper operation of the network which the Service operates on;
 

 4.2.6. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
 

 4.2.7. You agree that the Service is provided on a reasonable-effort basis;
 

 4.2.8. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Zenmov, or

 any other party as a result of your breach of this Agreement.

4.3. As a User, you further represent, warrant/undertake that:

 4.3.1. Your use of the Service is for your sole, personal use or, where permitted, for the use of another person who

 is at least twelve (12) years old, in which case you shall assume primary responsibility for him/her;
 

 4.3.2. You shall not contact the Third Party Providers for purposes other than the Service;
 

 4.3.3. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Providers;

 and
 

 4.3.4. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication

 charges will apply.

5. Determination of Charges and Payment

 

5.1. The User will be charged the Service Fee for the use of the Service and the Solution Fee under the prevailing rates of the selected solution from the Third Party Providers at the time of acceptance of the Third Party Providers;

5.2. Prevailing rates are indicated by the Third Party Providers in the Software and are determined by the specifications necessary for the fulfillment of the Solution;

5.3. Additional charges, including but not limited to toll, parking fees, and other such fees and expenses which are necessary, related, or incidental to the fulfillment of the Solution shall be for the User's exclusive account and may not be included yet in the posted prevailing rates in the Software;

5.4. If a Solution cannot be fulfilled due to the unavailability or other impediments to the User; all related expenses to redeliver the Solution shall be shouldered by the User;

5.5. No cancellation fees are chargeable as long as a Solution Order is canceled and communicated within ten (10) minutes. If the cancellation was made after the Third Party Provider picked up the Order, the User shall be charged with the displayed rates; and

5.6. The User shall pay through either cash, credit card, debit card, e-wallets and cashless systems such as but not limited to G-Cash, or other payment gateway(s) made available in the Software. Any payment is non-refundable and irrevocable.

 

6. Personal Data

 

6.1. For the fulfillment of the Service and the Solution, the User may be required to submit personal data and the User confirms that the provided data is true, correct, and up-to-date;

 

6.2. Zenmov collects and processes your personal data following its Privacy Policy;

 

6.3. Where applicable and for the fulfillment of the Service and Solution, you agree and consent to Zenmov, its subsidiaries and any of its affiliate companies collecting, using, processing, and disclosing personal data as described in our Privacy Policy;

 

6.4. You acknowledge that the Software may disclose your personal data to Third Party Providers for the fulfillment of the Service and Solution;

 

6.5. You acknowledge that you will receive and use the personal data of the Third Party Providers, their representatives, and agents, for the fulfillment of the User’s Order according to the obligations of the User; and

 

6.6 You shall not use the personal data of the Third Party Providers, their representatives and agents, for any illegal acts. The User agrees that s/he will be liable to the Third Party Providers for any misuse of their personal data, and s/he agrees to hold Zenmov free and harmless from the misuse of their personal data.

7. Miscellaneous

 

7.1 Non-Circumvention. The User hereby agrees for himself or herself, their officers, directors, agents, associates and any related parties, that they will not, directly or indirectly, contact, deal with or otherwise become involved with the Third Party Providers, any entity or any other entities or parties introduced, directly or indirectly, by or through the other party, its officers, directors, agents or associates, to avoid the payment to Zenmov of profits, fees or otherwise, without the specific written approval of Zenmov.

 

7.2 Promotions. Zenmov reserves the exclusive right to introduce and enforce advertising and sales promotions.

 

7.3 Amendment. By agreeing to these Terms of Use, the User agrees that Zenmov may from time to time amend the terms of these Terms of Use by posting such amendments and additional terms on the website and/or software. The User agrees that the continued use of the Service after any such amendments, whether or not reviewed by the User, shall constitute the agreement to be bound by such amendments.

 

7.4 Entire agreement. The User acknowledges that s/he has read these Terms of Use, as may be amended from time to time, understood it and agreed to be bound by its terms, and further agrees that these Terms of Use, together with any document referred to herein in connection herewith, constitutes the whole agreement and is the complete and exclusive statement of the Terms of Use between Zenmov and the User concerning the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the Zenmov and the User relating to the subject matter of these Terms of Use. No representation, promise or inducement has been made by Zenmov that is not embodied in these Terms of Use.

 

7.5 Governing Law. These Terms of Use shall be governed by and construed under the laws of the Philippines.

 

7.6 Venue of Action. In the event of any dispute, controversy, or claim arising from or relating to these Terms of Use, or the interpretation thereof, or any arrangements relating thereto or contemplated therein, or the breach, termination, or invalidity thereof, the parties hereto agree that venue shall be exclusively and properly set in the courts of Makati City, Philippines.

 

7.7 Non-waiver. Failure by Zenmov to exercise any or all of its rights hereunder, or any partial exercise thereof, shall not be construed as a waiver of such rights, and Zenmov may, at any time, exercise any or all of the rights and discretions granted to it hereunder, or by law, without having to wait for the occurrence or re-occurrence of another or similar event which gives rise to such rights.

 

7.8 Severability. If any provision of these Terms of Use is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.