TERMS AND CONDITIONS OF USE

These Terms and Conditions, effective as of January 20, 2023, govern the use of EEI Carga Digital Logistics Corporation’s (“eCarga”) Service and the Rental Service, as defined herein. By using the Service, Platform, or Rental Service, you hereby expressly agree and conform to these Terms and Conditions.

1. DEFINITIONS

1. 1.1. “eCarga” refers to EEI Carga Digital Logistics Corporation, a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal office at No. 12 Manggahan St., Brgy. Bagumbayan, Quezon City, Metro Manila, Philippines.

2. 1.2. "Shipper-Renter" refers to any person, whether natural or juridical, who downloads, installs, or utilizes the Platform to avail of eCarga’s Service for the rental of Trucks.

3. 1.3. “Goods” refers to any item, object, container, parcel, or package, whether singular or plural, that is arranged for delivery by the Shipper-Renter, and is delivered by a Driver to a designated recipient during the Rental Service;

4. 1.4. “Driver” refers to a driver in possession of a valid license, who is employed by a Truck Owner or Trucking Company accredited with eCarga to accept bookings and to provide Rental Services for a Shipper-Renter through the use of the Platform and Service;

5. 1.5. “Helper” refers to an employee of the Truck Owner or Trucking Company who assists the Driver in the performance of the Rental Service.

6. 1.6. “Truck Owner” or “Trucking Company” refers to a duly-registered business, whether a sole proprietorship, partnership, or corporation, which is the registered owner of the trucks to be used in the fulfillment of the Rental Service, is the one accepting the bookings, and employs the Driver who performs the Rental Service as an Independent Contractor.

7. 1.7. "Service" or "Services" refers to the services provided by eCarga whereby, the Shipper-Renter, through the Platform, makes a booking for truck rental, and the Truck Owner or Trucking Company accepts a booking from a Shipper-Renter to provide the truck or vehicle requested, the truck or vehicle rental of which shall be driven by the Driver, with the assistance of a Helper (except for the L300 type van). This includes any other activities or services necessary to effect the same, including facilitating a Shipper-Renter’s creation of an account in the Platform for the use of the Service; the creation by the Truck Owner or Trucking Company of a Driver account through their Truck Owner Website which their Drivers can use to access the Driver Mobile Application; sharing the booking made by a Shipper-Renter to Truck Owners or Trucking Companies who are eligible to accept it; the Truck Owner or Trucking Company’s assignment of the booking made by a Shipper-Renter to a Driver; computation of fees and charges; providing information relating to the Service and/or Rental Service to the Shipper-Renter, Truck Owner or Trucking Company, or Driver; Other features such as Fleet Management, Booking or Delivery Management and Transactions Tracking; and customer support services. The Service expressly excludes the actual provision of transportation, rental services or delivery services of Goods.

8. 1.8. "Rental Service" ” refers to the services performed by the Truck Owner or the Trucking Company, which includes providing a truck or vehicle to the Shipper-Renter for rental, Driver and Helper, depending on Shipper-Renter’s request, which will be used to serve the logistics needs or rental purpose of the Shipper-Renter, such as, but not limited to, delivery of Goods, use for events and others, for a certain period of time.

9. 1.9. “Platform” refers to eCarga’s technologies, its website and any of its subdomains, and/or mobile applications, through which the Service is provided. This includes its three (3) platforms: the Shipper-Renter Application for the Shipper-Renter, the Truck Owner Website for the Truck Owner, and the Driver Application for the Driver;

10. 1.10. “Confidential information” includes all information or material, in any form or nature, that has or could have commercial value or other utility in the business which EEI Carga Digital Logistics Corporation is engaged, including, but not limited to, any trade secrets, know-how, inventions or other technical information; financial, operating, marketing, supplier, customer, employee, or any other proprietary or business information; or any other information on the Platform, the Service, or the business that has not been disclosed by EEI Carga Digital Logistics Corporation to the public, or is expressly designated as confidential or can reasonably expected to be confidential, or is otherwise not public knowledge or part of the public domain.

11. 1.11. "Terms and Conditions" refers to these Terms and Conditions in their entirety, including any and all documents referred to herein, and any amendments thereof made from time to time by eCarga and published on its website or mobile application.

2. SHIPPER-RENTER’S OBLIGATIONS, WARRANTIES, AND REPRESENTATIONS

1. General Obligations, Warranties, and Representations

   1. The Shipper-Renter represents and warrants that he/she has the legal capacity to enter into contracts under the laws of the Philippines.
   2. The Shipper-Renter represents and warrants that his/her use of eCarga’s Platform or Service shall not violate any law or regulation, or any contract to which he/she is a party. The Shipper-Renter shall not use the Platform or Service to commit, cause or promote any illegal acts or acts which tend to violate another person’s rights to cause injury to another person or their property; or to create or share messages which may cause nuisance to another party, such as, but not limited to, spam or other unsolicited messages.
   3. The Shipper-Renter acknowledges and agrees that the Truck Owner or Trucking Company, in providing the Rental Services, is a common carrier.
   4. The Shipper-Renter shall not take any action that may cause delay, damage, or destruction of the operation of the Services or Platform.
   5. The Shipper-Renter shall not circumvent the Service or the Platform by contracting with the Driver or Truck Owner directly, or outside the channels offered through the Platform, for the purpose of avoiding the payment of the fees to eCarga.



2. Use of the Service and/or Rental Service

   1. By availing of the Service, the Shipper-Renter expressly agrees that the Rental Service to be provided by the Truck Owner or Trucking Company shall be subject to the Terms and Conditions herein provided.
   2. The Shipper-Renter represents and warrants that he/she is either the owner or the authorized agent of the owner of the Goods to be delivered or authorized to avail the Rental Service, and that he/she is authorized to accept these Terms and Conditions for himself/herself, or for and on behalf of the owner of the Goods, as the case may be.
   3. In creating a booking, the Shipper-Renter shall provide eCarga complete and accurate information, such as rental location for rental services; the details of the designated recipient; the purpose of availing Rental Services; and handling instructions or precautions to be taken with the Goods, if any, through the Platform. The Shipper-Renter warrants that the information provided for purposes of creating a booking, including the purpose of availing the Rental Services, is true and correct at the time the booking is made, and for the duration of the performance of the Service and the Rental Service.
   4. The Shipper-Renter warrants that he/she has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Goods, if any, and relating to the purpose of availing the Rental Services. The Shipper-Renter warrants that the Goods or the purpose of availing Rental Service are not in any manner or condition prohibited by law, considered dangerous or hazardous, or may be harmful to the Driver, the Helper, or the truck or vehicle used for the Rental Service. The Shipper-Renter shall not create, or propose to create, a booking of Rental Service which are of the nature described in the preceding sentence.
   5. The Shipper-Renter shall ensure that the Goods, if any, are properly and securely packaged, in accordance with their nature and character, to withstand the reasonable conditions and/or wear and tear of ordinary transportation, including the loading and unloading of the Goods. The Shipper-Renter shall make reasonable efforts to ensure that the Goods are properly and securely packaged to prevent any damage or deterioration of the Goods, including, but not limited to, breaking, tearing, or leakage.
   6. The Shipper-Renter understands and acknowledges that the Estimated Time of Completion (“ETC”) indicated in the Platform does not form part of the agreement between the Shipper-Renter and eCarga, nor between the Shipper-Renter and the Truck Owner or Trucking Company, and that the actual delivery time may vary from the indicated ETC in accordance with the prevailing conditions at the time of the performance of the Rental Service.
   7. The Shipper-Renter shall be liable for any loss or damage suffered by eCarga, the Truck Owner or Trucking Company, the Driver, the Helper, or any third party as a result of the Shipper-Renter’s breach or violation of these Terms and Conditions.
   8. Any loss or damage suffered by the Shipper-Renter as a result of Shipper-Renter’s breach or violation of these Terms and Conditions shall be for his/her own account. The Shipper-Renter shall hold eCarga free and harmless from any liability therefor.
   9. The Shipper-Renter shall hold eCarga free and harmless from any liability to the Truck Owner or Trucking Company, the Driver, the Helper, or third party as a result of any breach of the Shipper-Renter’s obligations under these Terms and Conditions.
   10. In the event that the Goods are not accepted by the designated recipient or his/her representative for any reason, eCarga shall facilitate the return of the same to the Shipper within the same day to the pickup location. The Shipper shall shoulder any and all fees and expenses for the return of the Goods to the Shipper.
   11. If the Shipper-Renter fails to accept the return of the Goods, eCarga may dispose of the Goods in any manner it may deem fit, within one (1) calendar day if the Goods are perishable, or ten (10) calendar days if the Goods are non-perishable, from the date of the attempted return and failure of receipt (the “disposal period”). eCarga shall not be held liable for any loss, damage, or deterioration of the Goods which have not been returned due to the Shipper-Renter’s failure to accept the same, whether due to the disposal of the Goods, or while the Goods remain in eCarga’s possession prior to disposal. Moreover, eCarga shall have the right, but not the obligation, to open and inspect the Goods before the disposal period. Upon the lapse of the disposal period, or from the date of disposal of the Goods within the said disposal period, whichever is earlier, the Shipper-Renter shall be deemed to have waived all rights to such Goods, as well as any and all claims that it may have against eCarga over the Goods.

3. THE TRUCK OWNER OR TRUCKING COMPANY’S OBLIGATIONS, WARRANTIES, AND REPRESENTATIONS

1. General Warranties and Representations

   1. The Truck Owner or Trucking Company represents and warrants that it is an entity duly organized and existing under the laws of the Republic of the Philippines.
   2. The Truck Owner or Trucking Company represents and warrants that it has secured, and maintains, all the permits, licenses, authorizations, and other registrations necessary to operate as a business and to perform the Rental Service.
   3. The Truck Owner or Trucking Company represents and warrants that it has full power and authority to be accredited with eCarga, and is capable of performing the Rental Service;
   4. The Truck Owner or Trucking Company represents and warrants that its Drivers and Helpers employed with them possess the appropriate skills and qualifications, including, where appropriate, a license valid in the Philippines, necessary to operate the truck or vehicle used for the Rental Service.
   5. The Truck Owner or Trucking Company also represents and warrants that it is the registered owner of, or is duly authorized to allow the Driver to operate, the truck or vehicle to be used in the performance of the Rental Service.
   6. The Truck Owner or Trucking Company represents and warrants that its Drivers and Helpers are its employees, and are not employees, agents, or representatives of eCarga. The Truck Owner or Trucking Company represents and warrants that it is compliant with all applicable labor laws and regulations, including, but not limited to, labor standards, occupational health and safety, and remittance of government-mandated contributions. eCarga shall not be liable for the Truck Owner or Trucking Company’s non-payment of such employment benefits or the latter’s violation of labor laws.
   7. The Truck Owner or Trucking Company represents and warrants that its of accreditation with eCarga and performance of the Rental Service does not create any employee, agency, or partnership relationship with eCarga.



2. Accreditation with eCarga

   1. Only Truck Owners or Trucking Companies who have undergone and passed eCarga’s accreditation process may make use of the Platform and perform the Rental Service to Shipper-Renters connected to them through the Platform.
   2. For the duration of their accreditation, Truck Owners or Trucking Companies shall maintain all necessary and valid documentary and other requirements. The Truck Owners or Trucking Companies acknowledge that such requirements may be amended from time to time, and they agree to comply with the same upon the effectivity of any amendments. The Truck Owners or Trucking Companies acknowledge that the failure to maintain such requirements may cause the suspension or revocation of its accreditation with eCarga, at the latter’s sole discretion.
   3. The Truck Owners or Trucking Companies shall comply with eCarga’s rules for the use of the Platform, and any standards, policies, and processes relating to the Platform, Service and/or Rental Service, as may be applicable and as may be amended by eCarga from time to time. The Truck Owners or Trucking Companies acknowledge that compliance with such rules does not create any employee, agency, or partnership relationship with eCarga. The Truck Owners or Trucking Companies also acknowledge and agree that the requirement to adhere to eCarga’s rules is for the purpose of maintaining their good standing and accreditation with eCarga, and does not purport to establish any control over the Rental Service provided by Truck Owners or Trucking Companies. Notwithstanding its adherence to the rules of eCarga, the performance of the Rental Service is ultimately its responsibility and eCarga assumes no liability for any death, loss, damage, or injury arising from the Truck Owners or Trucking Companies’ performance of the Rental Service.
   4. The Truck Owners or Trucking Companies assume responsibility for the performance of the Rental Service by their Drivers, Helpers, or employees, and the latter’s adherence to the rules of eCarga.
   5. The Truck Owners or Trucking Companies acknowledge that the Shipper-Renter may report any violations made by the Truck Owner or Trucking Company, Driver, or Helper to eCarga. They agree that eCarga reserves the right to penalize the Truck Owner or Trucking Company for violations found to have been committed by the Truck Owners or Trucking Companies, the Driver, the Helper, or any of its employees, after proper investigation, such as, but not limited to, the suspension or revocation of the Truck Owner or Trucking Company’s accreditation with eCarga. The suspension or revocation or other sanction imposed by eCarga is without prejudice to its right to seek appropriate relief under applicable laws for any breach of the Truck Owner or Trucking Company’s obligations under these Terms and Conditions, and any other rules, standards, policies or process of eCarga.



3. Performance of the Rental Service

   1. The Truck Owner or Trucking Company undertakes to perform the Rental Service for the Shipper-Renter through its assigned Driver and Helper.
   2. The agreement of the Driver to perform a Rental Service for the Shipper-Renter constitutes an agreement between the Shipper-Renter and the Truck Owner or Trucking Company alone. eCarga is not a party to the agreement between the Shipper-Renter and the Truck Owner or Trucking Company.
   3. The Truck Owner or Trucking Company has the right to refuse to perform a Rental Service, appears in any manner or condition to be prohibited by law, considered dangerous or hazardous, or may be harmful to the Driver, the Helper, or the truck or vehicle used for the Rental Service.
   4. The Truck Owner or Trucking Company, Driver, or Helper, shall have no obligation to open and inspect the Goods. The Truck Owner or Trucking Company, and its Drivers or Helpers do not warrant the legality of the Goods or the Shipper-Renter’s compliance with these Terms and Conditions, or any applicable laws or regulations. The Truck Owner or Trucking Company, Driver or Helper may open and inspect the Goods with the consent or presence of the Shipper-Renter or his/her authorized representative.
   5. Should the Truck Owner or Trucking Company, Driver, or Helper, on the basis of information available to them, form a reasonable belief that the rental purpose are in any manner or condition to be prohibited by law, considered dangerous or hazardous, or may be harmful to the Driver, the Helper, or the truck/vehicle used for the delivery, or that the Shipper-Renter has violated these Terms and Conditions in making a booking for the rental of the truck or vehicle, the Truck Owner or Trucking Company, Driver, or Helper may cease the performance of the Rental Service and, at their option, return the Goods to the Shipper-Renter, if any, or dispose or destroy of the Goods, or surrender them to the proper authorities. The Shipper-Renter agrees to hold the Truck Owner or Trucking Company, the Driver, the Helper, and eCarga free and harmless from the non-performance or non-completion of the Rental Service, or the disposal, destruction, or loss of possession of the Goods, as the case may be.
   6. The Truck Owner or Trucking Company shall exercise all reasonable efforts to perform the Rental Service in accordance with the Shipper-Renter’s instructions, and, if part of the Rental Service is to deliver Goods, with the diligence of a good father of the family, from the time the Goods are placed in the Driver’s possession until the time the Goods are delivered to the designated recipient. The Truck Owner or Trucking Company and its employees shall exercise all reasonable efforts to prevent the loss, damage, unauthorized access, or deterioration of the Goods during the performance of the delivery or Rental Service, ordinary wear and tear excepted. The Truck Owner or Trucking Company and its employees shall also exercise reasonable efforts to mitigate any loss, damage, or deterioration that the Goods may suffer.
   7. The Truck Owner or Trucking Company shall not be liable for any delays in the performance of the Rental Service, or for any loss, damage, unauthorized access, or deterioration of the Goods, unless the same is caused by its fault or negligence, or that of the Driver, the Helper, or any of its employees.
   8. The Truck Owner or Trucking Company, Driver, or Helper shall not be liable for any loss, damage, unauthorized access, or deterioration of the Goods, when the same is caused by the Shipper-Renter’s violations of these Terms and Conditions.
   9. The Truck Owner or Trucking Company shall hold eCarga free and harmless from any liability arising from any death or injury of its Drivers or Helpers, or from damage to the trucks or vehicles or other property used in the performance of the Rental Service
   10. The Truck Owner or Trucking Company shall also hold eCarga free and harmless from any claims or liability incurred by the former from the Shipper-Renter or a third party. The Truck Owner or Trucking Company undertakes to defend and/or indemnify eCarga, should the latter inform the former that it has become involved in, or made liable for, any claim or action raised by the Shipper-Renter or a third party which the Truck Owner or Trucking Company is properly answerable for.

4. USE OF THE PLATFORM

1. 4.1. The Shipper-Renter, Truck Owner or Trucking Company, and the Driver may download, install, and use a copy of the Platform on their chosen mobile device, or access the same through its web-based application, where applicable, for use within the Philippines as follows:

   Party	Platform	Purpose
   Shipper-Renter	Shipper Application (mobile application or website)	To request a booking for, provide details about, and track delivery of Goods.
   Truck Owner or Trucking Company	Truck Owner’s Platform (website)	To receive requests from the Shipper-Renter’s Application, and to access Fleet and Delivery Management features.
   Driver	Driver’s Application (mobile application)	To receive a delivery assignment from their respective Truck Owner or Trucking Company, and to provide them with details about the assignment for fulfillment of the same.

   The Shipper-Renter’s, Truck Owner’s or Trucking Company’s, and the Driver’s respective licenses to use the Platform is expressly limited for the purpose stated in this herein Section, and any acts necessary or incidental to achieve such purpose.

2. 4.2. The Shipper-Renter, Truck Owner or Trucking Company, and the Driver are prohibited from in any manner selling, leasing, distributing or, reproducing the Platform or any licenses pertaining thereto to any third party without the consent of eCarga; modifying or creating derivative works of the Platform; introducing any malicious elements or any element which would cause damage to the Platform, such as, but not limited to, viruses, worms, or trojans; or otherwise using the Platform for any illegal, fraudulent, improper purpose, or any purpose which violates these Terms and Conditions.

3. 4.3. The Shipper-Renter, Truck Owner or Trucking Company, and the Driver shall not use the Platform in another person’s name or use the Platform downloaded or installed in the mobile device of another person without the owner’s prior consent.

4. 4.4. The Shipper-Renter, Truck Owner or Trucking Company, and the Driver shall be responsible for the security of their respective accounts. They shall take appropriate measures to safely keep his/her chosen name and password and shall not disclose these details to third parties. They shall immediately notify eCarga if they have reason to believe that the security of their account has been compromised in any way.

5. 4.5. eCarga may, from time to time, and at its sole discretion, release to and grant the Shipper-Renter, Truck Owner or Trucking Company, and the Driver access to "alpha", "beta", or other preview, early-stage, or pre-release products ("Beta Releases"), for the sole purpose of testing or evaluation. The prohibitions of the Shipper-Renter, Truck Owner or Trucking Company, and the Driver provided in Section 4.2 likewise apply to any Beta Releases of eCarga. The Shipper-Renter, Truck Owner or Trucking Company, and the Driver agree and acknowledge that any Beta Release is provided on an "as is" basis, and that eCarga makes no warranty as to the completeness, quality, security, performance, or functionality of the Beta Releases. The Shipper-Renter, Truck Owner or Trucking Company, and the Driver also acknowledge that a Beta Release may contain bugs, errors, omissions, and other issues or problems, which may or may not be foreseeable on the part of eCarga or the developers of the Beta Release. The Shipper-Renter, Truck Owner or Trucking Company, and the Driver shall bear their own risk, and acknowledge that any injury or damage to their mobile or computer device, or any applications, documents, or other content stored therein, as a result of the use of the Beta Release shall be for their own account. eCarga will not be liable for any bugs, errors, omissions, and other issues or problems, or for any injury or damage to the Shipper-Renter, Truck Owner or Trucking Company, and the Driver as described herein, relating to the latter’s use of the Beta Release. eCarga makes no promises, warranties, or representations that that future or succeeding versions of a Beta Release will be released and made available for use by the Shipper-Renter, Truck Owner or Trucking Company, and the Driver. eCarga may withdraw or terminate the Shipper-Renter’s, Truck Owner or Trucking Company’s, and the Driver’s right to access or use any Beta Release any time, at its sole discretion. The Shipper-Renter, Truck Owner or Trucking Company, and the Driver shall hold eCarga free and harmless from any liability arising from the withdrawal or termination of his/her right to access or use a Beta Release. The current version of the Platform is considered as a Beta Release.

5. CHARGES AND FEES

1. The Shipper-Renter

   1. For the use of the Service and/or the Rental Service, the Shipper-Renter shall be charged a corresponding fee (“Transaction Fee”). The fee will be displayed on the Platform, and will be computed on a Full Truckload basis and on other factors such as, but not limited to, type of vehicle, helper request and other inclusions, which could also change from time to time at eCarga’s discretion.
   2. eCarga shall be entitled to a percentage of the Shipping Fee in consideration of the Service.
   3. In addition to the fee described in Section 5A.1, the Shipper-Renter may also be charged additional expenses of fees necessary or related to the fulfillment of the Service and/or the Rental Service, including, but not limited to, fuel consumption, parking fees and toll fees (the “incidental fees”).
   4. The payment of Shipping Fee shall be made by selecting a payment method listed in the Platform.
   5. In the event that the duration of the Rental Service exceeded the original time period booked by the Shipper-Renter, the Shipper-Renter shall pay at least 10% of Transaction Fee for every hour that the Rental Service duration has been extended.
   6. Should the Goods not be accepted by the recipient or his/her representative for any reason, the expenses for the return of the Goods to the Shipper-Renter shall be shouldered by the Shipper-Renter.
   7. If the Driver, Helper and the truck or vehicle are more than 10 kilometers away from the booked starting location or rental location by the end of Rental Service, the Shipper-Renter must also reimburse the incidental fees for the Driver, Helper and the truck or vehicle to go back within 10 kilometers of starting location or rental location and pay the additional hours incurred in going back to within 10 kilometers of starting location or rental location, unless otherwise agreed beforehand with the Truck Owner or Trucking Company.



2. The Truck Owner or Trucking Company

   1. The Truck Owners or Trucking Companies shall receive their share on Shipping Fee in accordance with the schedule determined by eCarga which, in any case, shall not be less than one payment per month. Truck Owners or Trucking Companies’ share on Shipping Fee will be displayed on their respective Truck Owner’s Platform.
   2. In consideration of the Service and the Platform, all Truck Owners or Trucking Companies who apply for accreditation with eCarga shall be charged a Monthly Subscription Fee. However, the current version of the Platform, which is considered as a Beta Release, is FREE for the use of Truck Owners or Trucking Companies. eCarga will notify the Truck Owners or Trucking Companies, not less than 30 days, before the commencement of the Subscription Fee.
   3. The Truck Owner or Trucking Company shall bear all other costs and expenses for the operation of its business and/or performance of the Rental Service. Other than the charges and fees which are for the account of the Shipper-Renter, the Truck Owner or Trucking Company is not permitted to pass on the payment of any other fees and charges to the Shipper-Renter. eCarga shall not be responsible for any costs and expenses incurred by the Truck Owner or Trucking Company in the operation of its business and/or performance of the Rental Service.

6. REFUND AND CANCELLATION POLICY

1. 6.1. The Shipper-Renter may cancel a booking already made, only if the Driver’s status in the Software does not yet state “On the way to rental location”, or the Platform does not display any other indication that the Driver is on its way to location booked by Shipper-Renter.

   6.2. The Shipper-Renter may make a claim for refund only in the following instances:

   1. 6.2.1. If the Shipper-Renter cancels the booking within the allowable instance but the Fee has already been collected or paid.

   2. 6.2.2. If an incorrect fee was collected from Shipper-Renter’s account. In this instance, the excess amount collected shall be refunded to Shipper-Renter.

2. 6.3. Refunds may be issued in the same manner of payment used for the original booking or in any other payment method agreed by Shipper-Renter and eCarga or eCarga’s Customer Support Team.

7. SECURITY DEPOSIT

1. 7.1. The Truck Owner/Driver shall be required to furnish eCarga a security deposit by way of an e-wallet system (“EC Wallet”) with a minimum amount of Php1,000.00 (One Thousand Pesos). Truck Owner/Driver acknowledge and accept that it has been duly informed by eCarga as to the methods and procedures of the EC Wallet usage and administration.

2. 7.2. EC Wallet enables a Truck Owner/Driver to perform Cash on Delivery (“COD”) service in accordance with the terms in Section 5.

3. 7.3. Truck Owner/Driver can top up in the EC Wallet to maintain or increase the credit balance and fulfill the minimum balance requirement, which will be determined by eCarga.

4. 7.4. Upon completion of the COD Delivery Service, a percentage of the Shipping Fee will be deducted by eCarga from the Truck Owner/Driver EC Wallet balance. Truck Owner/Driver must ensure that they have sufficient amount in their EC Wallet to cover the amount equivalent to the percentage of the Shipping Fee.

   1. 7.4.1. If there are no sufficient funds in the EC Wallet, Truck Owner/Driver cannot participate in the COD delivery transaction.

5. 7.5. Truck Owner/Driver can check the balance of their EC Wallet through the platform. Key information of the transactions performed using the EC Wallet, including all fees and any other charges applied to the EC Wallet can be accessible through the platform.

6. 7.6. The credits in the EC Wallet is non-transferrable, and cannot be used for any other purposes outside the eCarga platform. The EC Wallet credits is not subject to interest earnings however, it is refundable should the registered Truck Owner/Driver decides to no longer accept and perform eCarga delivery bookings that are in Cash on Delivery (COD) payment method.

8. PERSONAL INFORMATION

1. 8.1. In utilizing the Platform and Service, the Shipper-Renter, the Truck Owner or Trucking Company, or the Driver may be required to submit personal or sensitive personal information to eCarga. The Shipper-Renter, the Truck Owner or Trucking Company, or the Driver acknowledge that the personal or sensitive personal information collected by eCarga is to the extent necessary in order for them to utilize and Platform and the Service. The Shipper-Renter, the Truck Owner or Trucking Company, or the Driver certifies and confirms that the personal or sensitive personal information provided by them are correct and up to date.

2. 8.2. The Shipper-Renter, the Truck Owner or Trucking Company, or the Driver agrees to eCarga’s Privacy Policy, and acknowledges that the same forms part of these herein Terms and Conditions. The Shipper-Renter, the Truck Owner or Trucking Company, or the Driver confirm that they have also read and understood the Privacy Policy.

3. 8.3. The Shipper-Renter, the Truck Owner or Trucking Company, or the Driver acknowledge and agree that eCarga may collect, use, retain, store, update and otherwise process their personal or sensitive personal information (such as name, contact numbers, email address, physical address and such other information as described in the Privacy Policy) to the extent necessary for eCarga to provide the Services. Specifically, the personal or sensitive personal information submitted by the Shipper-Renter may be used for or in (a) the creation of the Shipper-Renter’s, Truck Owner or Trucking Company’s, or the Driver’s account in the Platform; (b) the sharing of the Shipper-Renter’s booking with eligible Truck Owner or Trucking Company who may accept and fulfill the Rental Service; (c) facilitating the communication between the Shipper-Renter and the Truck Owner or Trucking Company, Driver or Helper through the Platform in the course of the fulfillment of the Rental Service; (d) tracking the progress of the Rental Service; (d) addressing complaints raised by Shipper-Renters against the Platform, the Service, the Rental Service, or Truck Owner or Trucking Company, Driver or Helper; (e) informing the Shipper-Renter about any promotions, discounts, or other incentives; (f) determining the Shipper-Renter’s compliance with these Terms and Conditions; (g) complying with legal processes and investigation with the proper public authorities; (h) other acts which are reasonably necessary or related to the provision of the Service; and (i) other acts of processing personal or sensitive personal information allowed under the Data Privacy Act of 2012 and other applicable laws and regulations.

4. 8.4. The Shipper-Renter, the Truck Owner or Trucking Company, or the Driver acknowledge and agree that eCarga may also share their personal or sensitive personal information with third parties, including, but not limited to suppliers, contractors, subcontractors, service providers, agents, or partners, to the extent necessary for eCarga to provide the Services and fulfill its contractual obligations related to the provision of said Services. The sharing of these personal or sensitive personal information to third parties shall be done in accordance with the relevant provisions of the Data Privacy Act of 2012, its implementing rules and regulations, eCarga’s Privacy Policy, and other applicable issuances, orders, or decisions.

5. 8.5. The Shipper-Renter acknowledges and agrees that his/her personal information (limited to the Shipper-Renter’s name, photograph, and contact number) and information related to the booking will be shared with, and be received and used by Truck Owner or Trucking Company, Driver or Helper, for the purpose of the performance of the Rental Service.

6. 8.6. The Truck Owner or Trucking Company, Driver or Helper shall not use the Shipper-Renter’s personal information or any other information related to the booking, for any illegal acts, or acts not related to the fulfillment of the Rental Service. The Shipper-Renter shall hold eCarga free and harmless from any claim or damage arising from the Truck Owner or Trucking Company’s, Driver’s, or Helper’s misuse of the Shipper-Renter’s personal information or any other information related to the booking.

7. 8.7. The Shipper-Renter will receive and use the Truck Owner or Trucking Company’s information (limited to the Truck Owner or Trucking Company name, logo, and contact number) and the Driver’s and Helper’s personal information (limited to the submitted name, photograph, and contact number) as well as information on the truck/vehicle and license plate number, for the purpose of fulfillment of the Rental Service.

8. 8.8. The Shipper-Renter shall not use the Truck Owner or Trucking Company’s, Driver’s, or Helper’s personal information for any illegal acts, or acts not related to the fulfillment of the Rental Service. The Shipper-Renter agrees that he/she will be liable to the Truck Owner or Trucking Company, Driver or Helper, for any misuse of the latter’s personal information or information on the latter’s truck/vehicle. The Shipper-Renter shall hold eCarga free and harmless from any claim or damage arising from the Shipper-Renter’s misuse of the Truck Owner or Trucking Company’s, Driver’s, or Helper’s personal information or information on the truck or vehicle.

9. PROMOTIONS

1. 9.1. eCarga may, at its discretion, from time to time introduce promotions, discounts, or other incentives to the Shipper-Renter. Such promotions, discounts, or other incentives may be amended or withdrawn at any time without prior notice to the Shipper-Renter.

2. 9.2. The Shipper-Renter acknowledges and agrees that, by selecting the option in the Platform allowing for notifications on promotions, discounts, or other incentives from eCarga, the Shipper-Renter consents to the sending by eCarga of information on promotions, discounts, or other incentives through the Platform, or through electronic messages to the Shipper-Renter’s registered contact information, such as, but not limited to, email address or mobile number.

10. DISCLAIMERS

1. 10.1. The Service of eCarga is provided to the Shipper-Renter on an “as is” basis.

2. 10.2. The Service of eCarga are limited to the acts contemplated in Section 1.7. eCarga does not provide, nor does it represent itself to be, a common or private carrier, public utility, or otherwise being in the business of providing transportation or delivery services.

3. 10.3. eCarga provides no warranty or assurance as to the availability, reliability, timeliness, accuracy, condition or quality of the Services, the Platform, the Truck Owner or Trucking Company, Driver or Helper, and the trucks or vehicles used or provided by the Truck Owner or Trucking Company in the performance of the Rental Service.

4. 10.4. The Drivers and Helpers are employees of the Truck Owner or Trucking Company. eCarga is not an employer, principal, agent, representative, or partner of the Drivers or Helpers. The provision of the Service to the Shipper-Renter does not make eCarga an agent, representative, or partner of the Truck Owner or Trucking Company, Driver or Helper. eCarga does not control or manage the actual performance of the Rental Services by the Truck Owner or Trucking Company.

5. 10.5. eCarga is not a party to the contract for the Rental Services between a Shipper-Renter and a Truck Owner or Trucking Company.

6. 10.6. eCarga is not liable for any losses, damages, or claims, whether direct or indirect, to the Shipper-Renter’s mobile or computer device or any applications, documents, or other content stored therein as a result of the Shipper-Renter’s download, installation, or use of eCarga’s Platform or the Service.

7. 10.7. eCarga is not liable for any losses, damages, or claim, whether direct or indirect, which the Shipper-Renter, the Truck Owner or Trucking Company, Driver or Helper, or the Goods may suffer, as a result of the performance of the Rental Service, or the Shipper-Renter’s use of the Platform or the Service, as the case may be.

8. 10.8. eCarga reserves the right to suspend, restrict, or terminate the Shipper-Renter’s, the Truck Owner or Trucking Company’s, or the Driver account, or their access to and use of the Platform or Services, should eCarga form, on the basis of available information, a reasonable belief that they have violated any provisions of these Terms and Conditions and any other policy related to it.

11. INTELLECTUAL PROPERTY RIGHTS

1. 11.1. All rights, title, and interest in and to the Platform are the sole property of eCarga and are protected by the relevant Intellectual Property laws. The limited license to use the Platform granted to the Shipper-Renter in Section 4.1. does not in any way vest any ownership in the Platform to the Shipper-Renter, or grant any other license to the Shipper-Renter not expressly stated herein.

2. 11.2. All rights, title, and interest in and to any materials or trademarks of third parties are the sole property of such third parties.

3. 11.3. Any inventions or creative works related to the Platform, the Service, or the Rental Service owned by the Shipper-Renter, Truck Owner or Trucking Company or its employees and submitted by them to eCarga through the feedback mechanism described in Section 12, without eCarga having requested for the same, shall become the property of eCarga. By voluntarily submitting such inventions or creative works, the Shipper-Renter, Truck Owner or Trucking Company or its employees expressly agrees that such inventions or creative works will become the property of eCarga, and that any rights, title, or interest pertaining to such inventions or creative works shall be assigned to eCarga. eCarga shall be entitled to use such inventions or creative works for whatever purpose without need of compensation to the Shipper-Renter, Truck Owner or Trucking Company or its employees or any other party.

12. CONFIDENTIALITY

1. 12.1. All Confidential Information as defined by these Terms and Conditions are owned and controlled by eCarga.

2. 12.2. Should any Shipper-Renter, Truck Owner or Trucking Company, Driver or Helper, in the use or performance, as the case may be, of the Service, Platform, or Rental Service, become aware of any Confidential Information of eCarga, the Shipper-Renter, Truck Owner or Trucking Company, Driver or Helper agree to hold the same in the strictest confidence and shall not, without the prior written consent of eCarga, disclose the same to any third party. The Shipper-Renter, Truck Owner or Trucking Company, Driver or Helper shall likewise not use such Confidential Information for his/her own personal or business advantage, whether or not such use will cause damage or prejudice to eCarga.

13. SHIPPER-RENTER COMMENTS, FEEDBACK, CLAIMS, OR REPORTS

1. 13.1. The Shipper-Renter may submit comments, feedback, or reports on the Platform, the Service, the Rental Service, or claims for compensation, through the Platform or through email to [email protected]

14. MISCELLANEOUS

1. 14.1. The Shipper-Renter, Truck Owner or Trucking Company, Driver acknowledge that

   1. 14.1.1. They have read and understood these Terms and Conditions and any amendments that may be made from time to time;

   2. 14.1.2. Through the use of the Platform, the Service, and/or the Rental Service, they have agreed to be bound by the provisions of these Terms and Conditions.

   3. 14.1.3. These Terms and Conditions constitute the entire and only Terms and Conditions between eCarga and the Shipper-Renter, Truck Owner or Trucking Company, Driver, respectively, and effectively supersedes and cancels any previous, contemporaneous and existing proposals or communications, whether written or verbal, between eCarga and the Shipper-Renter. In addition, the Truck Owner or Trucking Company is also bound by any contracts and agreement executed between it and eCarga. These Terms and Conditions also constitute the entire and only Terms and Conditions for the Rental Service between the Shipper-Renter and the Truck Owner or Trucking Company, and effectively supersedes and cancels any previous, contemporaneous and existing proposals or communications, whether written or verbal, between the Shipper-Renter and the Truck Owner or Trucking Company.

   4. 14.1.4. There are no warranties, representations, or agreements made by eCarga other than those stated in these Terms and Conditions.

2. 14.2. eCarga reserves the right to amend these Terms and Conditions from time to time, without any prior notice. Such amendments shall be posted on its Platform. The Shipper-Renter, Truck Owner or Trucking Company, or Driver agree that any amendments to these Terms and Conditions made by eCarga shall be binding upon them.

3. 14.3. eCarga may assign any or all of its rights and obligations stated in these Terms and Conditions to any third party without need of notice to, or consent from, the Shipper-Renter, the Truck Owner or Trucking Company, or Driver. The Shipper-Renter, the Truck Owner or Trucking Company, or Driver may not assign any or all of their respective rights and obligations under these Terms and Conditions without the prior written consent of eCarga.

4. 14.4. No waiver of any provision of these Terms and Conditions shall be effective unless made in writing and signed by eCarga. The failure of eCarga to exercise any of its rights or require the performance of any term or obligation of these Terms and Conditions, shall not be construed as a waiver of such rights, nor be deemed a waiver of any subsequent breach. eCarga may, at any time, exercise or enforce any such provision of these Terms and Conditions.

5. 14.5. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from these Terms and Conditions to the extent of its invalidity or unenforceability, and these Terms and Conditions shall be construed and enforced as if these Terms and Conditions did not contain that particular provision to the extent of its invalidity or unenforceability.

6. 14.6. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of the Philippines.

7. 14.7. Any dispute, controversy, or claim arising from, or relating or incidental to, these Terms and Conditions, or the performance of the Service or the Rental Service, shall be filed with the competent courts of Quezon City, to the exclusion of any other courts.