General Terms
PLEASE READ TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE KERILEX APP.
This Terms and Conditions (“TERMS” for brevity) is an agreement between
Users (“You, Your or Yourself”) and KERLEX, INC. (“KERILEX” for brevity).
This TERMS govern Your access and use of the app, website
(https://keridelivery.com/lex.html, and other websites that KERILEX manages),
content and products provided by KERILEX (hereinafter, collectively referred to
as “KERILEX App”), as well as order, payment or use of the service available
on KERI App (“Service or Services”).
By agreeing to this TERMS, You also agree to any changes or amendments
which KERILEX may make, including the TERMS of each Service (additional
Terms and Conditions and its changes are collectively referred to as “TERMS”).
KERILEX reserves its right to amend these TERMS at any time and post the
same in its webpage (https://keridelivery.com/lex.html)You are expected to
review the TERMS regularly and You hereby expressly agree to be bound by
them by your continued use of KERILEX App.
The Company
KERILEX IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES. KERILEX’s services are limited to providing a platform that connects You with 3rd party Service Providers who offer transportation or delivery services via the KERILEX App. KERILEX is NOT an agent or representative of any of its 3rd party Service Providers and will neither be responsible nor liable for the acts, negligence and/or omissions by the Service Providers in the performance of their transportation or delivery service to You.
Use of KERI App and Services
The access and use of KERILEX App are subject to this TERMS.
You have a full discretion either to use the KERILEX App or other apps,
including other Services available on KERILEX App, or to stop using the
KERILEX App.
When ordering a Service through the KERILEX App, You will be connected with
the available Service Providers around Your location.
Signing-up and Signing-in KERI Account
You must agree to these TERMS and register first before using the KERILEX
App. Upon registration, You will be asked to provide Your full name, electronic
mail address and mobile number. You may change Your profile information in
KERILEX App at any time after registration. Upon registration, a verification
code will be automatically-generated and sent via a text message to the mobile
phone number that You have provided. You are required to confirm the
verification code in the registration page of the KERILEX App.
You will be assigned your personal KERILEX account (“Account”) which will
allow You to use the KERILEX App and order any of the Services KERILEX is
offering. Your mobile number is ascribed to Your Account and You will not be
allowed to create multiple accounts from the same mobile number. Any
changes in your mobile number should be registered first in your Account
before you are allowed to continue using the KERILEX App.
THE VERIFICATION CODE (ONE TIME PASSWORD/OTP) IS PRODUCED
AUTOMATICALLY BY OUR SYSTEM. KERILEX DOES NOT KNOW AND
WILL NEVER ASK YOU TO DISCLOSE SENSITIVE INFORMATION SUCH
AS YOUR PASSWORD OR VERIFICATION CODE. DO NOT PROVIDE ANY
SENSITIVE INFORMATION TO ANYONE, INCLUDING KERILEX OR OTHER
PARTIES WHO REPRESENT THEMSELVES AS OUR AGENTS OR
AUTHORIZED REPRESENTATIVES.
Your Account
Your Account can only be used by You and cannot be transferred or assigned
to anyone. KERILEX reserves the right to refuse any orders through KERILEX
App if it is aware or has sufficient grounds to suspect that You have transferred
or allowed another person to use Your Account.
The security and confidentiality of Your Account, including Your registered
name, electronic mail address, registered mobile number, as well as verification
code generated and sent by KERILEX are fully Your personal responsibility. All
losses and risks arising from Your negligence in maintaining such security and
confidentiality are borne by You. In such cases, KERILEX assumes any use or
order made through Your Account as Your legitimate request.
You are required to immediately notify KERILEX as soon as you become aware
of or suspect that Your Account has been used without Your knowledge and
consent.
If You are likewise a Service Provider, You shall not use Your personal Account
or someone else’s account to order a service that You will be providing as a
Service Provider.
Personal Information
The collection, storing, processing, use and sharing of Your personal information, such as Your name, electronic mail address, and mobile phone
number when opening an Account are subject to KERILEX’s Privacy Policy,
which is an integral part of this TERMS.
By opening an Account, You expressly allow KERILEX to use Your personal
information to process your Orders and share the same to 3rd party SERVICE
PROVIDERS to the extent necessary to allow them to perform their services.
Content, Information and Promotion
KERILEX or its business partners may provide Third-Party Content which You
may find on the KERILEX App. In any event where the Third-Party Content is
provided by our partners (“Third-Party Content Provider”), KERILEX shall
not be liable to any part of the Third-Party Content. Your access to or use of the
Third-Party Content is Your conformity to the terms and conditions set forth by
KERILEX or the Third-Party Content Provider, including KERILEX’s or
Third-Party Content Provider’s Privacy Policy.
Third-Party Content means any information, data, or actual news, made, edited, developed, and/or
maintained by the Third-Party Content Provider itself or obtained by the Third-Party Content Provider from
other third parties, where the Third-Party Content Provider is responsible to procure any permission
necessary to display such Content, including but not limited to texts or writings, images, quotes,
photographs, illustrations, animations, videos, voice recordings or music, title, and/or descriptions to be
exhibited on the KERILEX App, including any link to the such.
KERILEX or Third-Party Content Provider may provide offers or promotions (“Offers”) that are
exchangeable for goods, services or other benefits related to the use of KERI App. In any event where Offers
are provided by Third-Party Content Providers, We are not liable to any part of the Offers. Your access to
or use of the Offers is Your conformity to the terms and conditions set forth by Us or the Offers Providers,
including Our or Offers Provider’s Privacy Policy.
All information, Offers contained in KERILEX App are intended solely to provide You the best experience when
using KERILEX App or Services. You shall not abuse Offers received during the use of KERILEX App or Services.
You agree to utilize the Offers in accordance with the terms, conditions, and purpose of the Offers and will
not abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the Offers
in any form of manner whatsoever.
You understand that Offers are not exchangeable for cash, have a limited validity period and are subject to
the conditions that apply to each of the Offers.
Rates and Fees
KERILEX App is free to download subject to certain fees or charges on some features on the KERILEX App which KERILEX
may charge in the future.
Services available on the KERILEX App are subject to rates that can be found on KERILEX App before You order the
Service. KERILEX may adjust or renew its rates from time to time based on certain factors such as, but not
limited to: location, time, type of Services and applicable laws. KERILEX may also charge certain prices and/or
fees as reasonable payment for the use of KERILEX App and which may be collected by KERILEX, its affiliates, or
Service Providers. It is understood that additional charges and fees such toll fees, parking fees and all other costs
incurred and associated to the required delivery service are not included in rates indicated on KERILEX App and may be charged against You.
Should any of the Service Provider of Keri be required or subpoenaed to attend a court/agency hearing and testify, the User agrees that he/she shall
pay the Keri for every Service Provider a per diem of P2,000.00 for every 4 hours said Rider/Messenger spends in transit to/from and waiting and testifying
in court/agency. In addition thereto, the User agrees to pay Keri for the transportation costs, toll fees, lodging, and board of its Service Provider
should any be incurred in compliance with the subpoena.
Should any of the Employees/officers/directors be required or subpoenaed to attend a court/agency hearing and testify, the User agrees that he/she shall
pay the Keri for every Service Provider a per diem of P5,000.00 for every 4 hours said Service Provider spends in transit to/from and waiting and testifying
in court/agency. In addition thereto, the User agrees to pay Keri for the transportation costs, toll fees, lodging, and board of its Service Provider
should any be incurred in compliance with the subpoena.
KERI App Software
The official KERILEX App software is provided only on official digital markets, and can be used on mobile phones or tablet devices only. Downloading the KERILEX App from platforms other than official digital markets and/or to devices other than mobile phones or tablets is considered a violation of these TERMS and of KERILEX's intellectual property rights.
Your Responsibility
You are fully responsible for the decisions that You make when using KERILEX
App, its related Services, Third-Party Content, Offers or Payment. You shall not
use and display inappropriate language or behavior when dealing with the
Service Providers, Third-Party Content Providers, and Offers Providers and
shall not engage in unauthorized, threatening or harassing behaviors when
using the Services, Third-Party Content, Offers or Payment.
You are fully responsible for any loss and/or claim arising from the use of the
KERILEX App, Services, Third-Party Content, Offers or Payment Method using
Your Account, either by You or other parties who use Your account, in a manner
that is contrary to this TERMS, Privacy Policy, including the terms and
conditions and privacy policy set forth by the Service Provider, Third-Party
Content Provider, Offers Provider and Payment Method Provider. You are
expected to abide the laws and other regulations, including those relating antimoney laundering, anti-terrorism financing, criminal activities, fraud in any form
(including but not limited to phishing and/or social engineering activities),
violations of intellectual property rights, and/or other activities that are harmful
to the public and/or any other parties or are considered damaging to
KERILEX’S reputation.
Limitation of Responsibility
The KERILEX App, including its Services, is offered to You on an “as is” basis.
KERILEX does not represent or warrant that KERILEX App and its Services,
will work as intended on Your mobile phone or tablet. Neither does KERILEX
warrant the reliability, timeliness, quality, suitability, availability, accuracy,
completeness or security of the KERILEX App, including its Services, ThirdParty Content,
Offers and Payment Method which are fully under the Service
Provider, Third-Party Content Provider and Offers Provider’s responsibilities.
KERILEX App may experience certain limitations, delays, and other issues
inherent in the use of internet and electronic communications. KERILEX shall
not be responsible for any delay, failure of delivery, damage or loss arises from
such problems.
KERILEX shall not be responsible for any loss, damage, or claim brought about
by any failure or mistake of the Service Provider, Third-Party Content Provider
or Offers Provider
Should any delivery of yours be lost or damaged, KERILEX shall reimburse you for up to
4 times what you paid for your delivery. In no case shall the reimbursement of KERILEX exceed P2,000.00.
Troubleshooting
If You experience a system failure when using KERILEX App, or know or
suspect that Your account has been hacked, used by other parties, or if Your
personal mobile phone or tablet is lost, stolen, hacked, exposed to a virus, or
its functionality has been compromised in any manner, You are required to
immediately report this matter to KERILEX to avoid further unauthorized use,
or future loss.
If You experience any issues or problems related to the Services, Third-Party
Content, Offers or payment, or Service Provider, Third-Party Content Provider
or Offers Provider’s behaviours, You may submit Your complaint through the
KERILEX App.
To submit complaints, questions, objections, (“Report”), You may be required
to provide sufficient information (including but not limited to, facts summary,
order number and other evidence You may have) which can enable KERILEX
validate such complaints, questions, or objections.
KERILEX reserves its right not to respond to Your Report if the information You
provided does not match the personal information stored in its system, or if the
Report submitted in relation to, toward, on behalf of, or by other party is different
from the Account holder officially registered on the system. KERILEX may, at
its own discretion, cease acting upon Your Report if said Report was not
supported by sufficient and clear facts or has alreadybeen resolved. Your
Report against the Service Providers, Third-Party Content Providers, Offers
Provider or Payment Method Providers shall be forwarded to them and shall be
resolved directly by You and the Service Provider, Third-Party Content
Provider, Offers Provider or Payment Method Provider.
Temporary Suspension and Permanent Suspension of KERI Account
You may discontinue the use of and delete the KERILEX App from Your mobile
phone and/or tablet at any time. It is understood that KERILEX’s obligations
under these TERMS shall cease from the time of your discontinued use and/or
removal of the KERILEX App, suspension or Termination of Your Account.
Notwithstanding the foregoing, it is understood that You are still responsible for
any obligations that have accrued, including any obligations that may arise as
a result of disputes, claims, or other existing legal actions, before the date of
the removal of the KERILEX App, suspension or Termination of Your Account.
KERILEX reserves the right to suspend or Terminate Your account based on
the following:
Your statement
You represent and warrant that You are at least 18 (eighteen) years old and
are legally capable to bind Yourself to this TERMS. If You do not meet these
conditions but still access or use the KERILEX App, Services, Third-Party
Content, Offers or Payment Method, You represent and warrant that Your act
of signing up, accessing or conducting other activities within the KERILEX
App have been approved by Your parents, guardians or custodian. You expressly
waive any rights under the applicable laws to cancel or revoke any and all
consents You provided according to this TERMS when You are deemed legally
mature.
You agree to access or use the KERILEX App, Services, Third-Party Content,
Offers and Payment Method solely for the purpose as specified in this TERMS
and not to abuse or use the KERILEX App, Services, Third-Party Content,
Offers or Payment Method for fraudulent purposes, causing inconvenience to
others, requesting fake orders or other actions that may or may be deemed to
cause losses in any form toward other people.
You understand and agree that all risks arising from the use of the KERILEX
App, Services, Third-Party Content, Offers and Payment Method are entirely
Your responsibility and You hereby agree to release Us from any claims
regarding damages, interferences or other forms of system disruptions caused
by unauthorized access by other parties.
You expressly release KERILEX, including its officers, directors, employees,
vendors, and 3rd Party Service Providers , from any and all obligations,
consequences, material or immaterial losses, claims, fees or legal
responsibilities that arise or may arise due to Your violation of this TERMS, or
in connection with the Service Provider, Third-Party Content Provider, Offers
Provider or Payment Method Provider’s behaviours.
Should KERILEX be found by a competent court to be liable to You for any loss
or damage You agree and expressly limit the amount of Your claim to the
100,000 inclusive of all forms of damages.
YOU ACKNOWLEDGE THAT KERILEX IS A TECHNOLOGY COMPANY AND
IS NOT A TRANSPORTATION, LOGISTICS, OR FINANCIAL. ALL
TRANSPORTATION, LOGISTICS, FINANCIAL AND OTHER RELATED
SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY SERVICE
PROVIDERS THAT ARE NOT EMPLOYED BY KERILEX.
By using the KERILEX App and/or Services, you hereby agree to comply with
this TERMS, including all of its amendments and Terms and Conditions of each
service provider, third-party content provider, offers provider or payment
method provider.
Force Majeure
KERILEX App may be interrupted by events outside of its authority or control (“Force Majeure”), including but not limited to natural disasters, electricity disruptions, telecommunications failures, government policies, and other events. You hereby agree to release KERILEX from any demands and responsibilities, including the non-fulfillment of Your Order, either in part or in whole, if there was an interruption of the service via Force Majure.
Miscellaneous
You fully understand and agree that this TERMS constitutes an electronic
agreement and Your action of pressing the ‘submit button when signing-up an
Account or the ‘log in’ button when logging-in to Your Account is Your active
consent to enter into an agreement with KERILEX that this TERMS and Privacy
Policy are legally valid and binding and shall continue so long as You use the
KERILEX App or Services.
You shall not transfer Your rights on this TERMS without KERILEX’s prior
written consent. However, KERILEX may transfer its rights based on this
TERMS to any party at any time without prior approval from or advance notice
to You.
The failure of KERILEX to take a direct action or insist upon a strict performance
of any of the Terms and Conditions shall not be deemed a waiver of any right
or remedy that it may have, or of any subsequent breach or default of the Terms
and Conditions, which shall continue to be in full force and effect.
All rights and obligations that have accrued under this TERMS shall survive
upon the temporary suspension, permanent suspension, deletion of KERILEX
App or expiration of this agreement between the parties.
Unenforceability of any of the provisions of this TERMS will not affect the
enforceability of other provisions.
This TERMS is governed by the laws of the Republic of the Philippines. Any
and all disputes arising from the use of the KERILEX App or Services are
subject to the exclusive jurisdiction of the competent courts of Paranaque City,
to the exclusion of any other court or venue.
Contact Us
You may contact Us through the KeriLex App – Help function. All your correspondences will be noted, recorded and stored in Our records.