KERILEX APP TERMS AND CONDITIONS

As of March 16 2021

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 Report that Your Account has or allegedly been used by someone else;
• Your Report that Your personal cell phone or tablet has been lost, stolen, compromised or hacked;
• Any information, at KERILEX’s discretion, which would indicate that Your Account has been transferred or used by someone else;
• Any event where KERILEX would have reasonable basis to believe that KERILEX App, its Service Providers, or any other parties have been, or may be exposed to any loss, damage, claims, or costs;
• Any unusual actions from Your Account or obligations under this TERMS and/or Privacy Policy that may not have been fulfilled by You;
• You have passed away, placed under guardianship or custody or experienced other incapacity that caused You to become legally incapable of availing the Services based on applicable laws and regulations;
• Violation of any provisions of this TERMS, other rules and regulations published by KERILEX, or other applicable laws and regulations;
• Account suspension orders, whether temporary or permanent, issued by government or monetary institutions are related or based on court orders issued in accordance with applicable laws and regulations.

Insofar as may be applicable, any suspended or terminated Accounts may be lifted or reinstated at the sole discretion of KERILEX.

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.