KERI APP TERMS AND CONDITIONS
as of 01 January 2020
1. 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 3rd Party Service Providers (“Service Providers”) and KERI, INC. (“KERI” for brevity). This TERMS govern the Service Providers access and use of the app, website (https://www.kerilex.com, and other websites that KERILEX manages), content and products provided by KERI (hereinafter, collectively referred to as “KERI Rider App”), as well as order, payment or use of the service available on KERI App (“Service or Services”).
By agreeing to this TERMS, Service Providers agree to any changes or amendments which KERI may make, including the TERMS of each Service (additional Terms and Conditions and its changes are collectively referred to as “TERMS”). KERI reserves its right to amend these TERMS at any time and post the same in its webpage (https://www.keridelivery.com). The Service provider is expected to review the TERMS regularly and hereby expressly agrees to be bound by them by their continued accreditation with KERI and use of KERI Rider App.
2. The Company
KERI IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES. KERI’s services are limited to providing a platform that connects Service Providers who offer transportation or delivery services to Users via the KERI App. KERI is NOT an employer, 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 Services to KERI App Users (“USERS”). It is also understood that KERI is not a party to any agreement or contract between the Service Provider and Users.
3. Use of KERI App and Services
The access and use of KERI App are subject to this TERMS. Service Providers have a full discretion either to use the KERI Rider App, including other Services available on KERI Rider App, or to stop using the KERI Rider App.
4. Signing-up and Signing-in KERI Account
Service Providers must agree to these TERMS and register first before using the KERI App. Upon registration, Service Providers will be asked to provide Your full name, electronic mail address and mobile number. They may change their profile information in KERI 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 they have provided. They are required to confirm the verification code in the registration page of the KERI App.
Service Providers will then be assigned their personal KERI account (“Account”) which will allow them to use the KERI App and perform any of the Services KERI is offering.
5. KERI Account
KERI Account can only be used by accredited Service Providers and cannot be transferred or assigned to anyone. KERI reserves the right to terminate the accreditation if it is aware or has sufficient grounds to suspect that Service Providers have transferred or allowed another person to use their Account.
The security and confidentiality of the Account, including registered name, electronic mail address, registered mobile number, payment details and Payment Method, are fully your personal responsibility. All losses and risks arising from negligence in maintaining such security and confidentiality are borne by the Service Providers.
6. Personal Information
By agreeing to be a Service Provider for KERI, you expressly allow KERI to use your personal information to process Orders and share the same to Users to the extent necessary to allow Service Providers to perform their services.
7. Content, Information and Promotion
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 KERI App, including any link to the such.
All information, Offers contained in KERI App are intended solely to provide Service Providers the best experience when using KERI App or Services. Service Providers shall not abuse Offers received during the use of KERI App or Services.
Service Providers 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.
8. Rates, Fees, and Promos
Services available on the KERI App are subject to rates that can be found on KERI Rider App. KERI 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. KERI may also charge certain prices and/or fees as reasonable payment for the use of KERI App and which may be collected by KERI, its affiliates, or Service Providers.
Should the service provider be subpoenaed in connection with any delivery, KERILEX shall pay the service provider P1000.00 for every 6 hours the service provider spends going to and waiting in court in compliance with the subpoena. KERILEX shall also reimburse the Service Provider for transportation expenses, board and lodging in complying with the subpoena provided these are all substantiated by official receipts.
9. KERI App Software
The official KERI Rider App software is provided only on official digital marketsand can be used on mobile phones or tablet devices. Downloading the KERI Rider 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 KERI’s intellectual property rights.
10. Your Responsibility
Accredited Service Providers of KERI, warrant the following:
- That they have secured all the requisite registration, licensing, permits, and insurance on their vehicles to perform their services;
- That the vehicles are maintained in good operating condition consistent with generally accepted standards of the industry, as well as any other requirements or standards mandated by the government;
- That they shall exclusively bear all costs for vehicle maintenance and operating expenses in the performance of their services;
- That the vehicles they will be using are equipped with basic tools and equipment, as well as suitable for the services that they are engaging in;
- That they need to complete all registration, validation, and accreditation requirements before they are allowed to perform any of the services offered under the KERI App.
- That they will abide the laws and other regulations, including those relating anti-money laundering, anti-terrorism financing, criminal activities, fraud in any form, 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 KERI’S reputation;
- That they will comply with any changes, amendments, or supplements to this TERMS as may be reasonably made known to them, and continue to be bound by them with their continued accreditation as Service Providers with KERI.
- That they will comply with the reasonable performance standards that KERI will require from them, and which KERI may amend or modify from time to time, and acknowledge that failure to do so may result to possible suspension or termination of their accreditation.
- That in the performance of their services, reasonable efforts will be taken to prevent any loss, damage, or injury to any person or property;
- That they shall assume all responsibility for any loss, damages, or claims sustained by the Users or any other third parties, and shall indemnify and hold KERI, or any of its officers, directors and employees, free from any liability arising from any incident arising from the performance of their services.
- That they shall faithfully comply with court processes and subpoenas if served with the same.
11. Limitation of Responsibility
The KERI App, including its Services, is offered on an “as is” basis. KERI does not represent or warrant that KERI Rider App and its Services, will work as intended on the Service Provider’s mobile phone or tablet. Neither does KERI warrant the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the KERI Rider App, including its Services, Third-Party Content, Offers and Payment Method which are fully under the Service Provider, Third-Party Content Provider and Offers Provider’s responsibilities.
KERI Rider App may experience certain limitations, delays, and other issues inherent in the use of internet and electronic communications. KERI shall not be responsible for any delay, failure of delivery, damage or loss arises from such problems.
KERI shall not be responsible for any loss, damage, or claim brought about by any failure or mistake of the Users, Third-Party Content Provider or Offers Provider.
KERI is not liable for any loss or damage, including but not limited to any injury which the Service Provider or any person may suffer, any damage to property resulting from its Services, or any matter relating to the 3rd Party Service Providers. In providing the Services, KERI is not a party to any agreement between the User and the Service Provider.
In any event, Keri’s liability is limited to 100,000.00 Pesos which include all forms of damages.
If Service Providers experience a system failure when using KERI App, or know or suspect that their account has been hacked, used by other parties, or if their personal mobile phone or tablet is lost, stolen, hacked, exposed to a virus, or its functionality has been compromised in any manner, they are required to immediately report this matter to KERI to avoid further unauthorized use, or future losses.
Any issues or concerns related to the Services, Third-Party Content, Offers or payment, or Service Provider, Third-Party Content Provider or Offers Provider’s behaviours, may be submitted through the KERI Rider App.
13. Temporary Suspension and Permanent Suspension of Accreditation
The accreditation of Service Providers may be terminated at any time by either KERI or Service Providers. It is understood that KERI’s obligations under these TERMS shall cease from the time such accreditation has been suspended or terminated. Notwithstanding the foregoing, Service Providers may still be held 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 suspension or termination of their accreditation.
KERI reserves the right to either suspend or terminate the accreditation of the Service Provider for any violation of any provisions of this TERMS or other applicable laws and regulations;
14. Service Provider
Service Providers represent and warrant that they are at least 18 (eighteen) years old and are legally capable to bind themselves to this TERMS.
Service Providers agree to access or use the KERI 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 KERI App, Services, Third-Party Content, Offers or Payment Method for fraudulent purposes, causing inconvenience to others, or other actions that may or may be deemed to cause losses in any form toward other people.
Service Providers understand and agree that all risks arising from the use of the KERI App, Services, Third-Party Content, Offers and Payment Method are entirely their responsibility and they hereby agree to release KERI from any claims regarding damages, interferences or other forms of system disruptions caused by unauthorized access by other parties.
Service Providers expressly release KERI, including its officials, directors, commissioners, employees, and vendors, from any and all obligations, consequences, material or immaterial losses, claims, fees or legal responsibilities that arise or may arise due to their violation of this TERMS, or in connection with the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider’s behaviours.
Service Providers 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.
15. Force Majeure
KERI 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. The Service Providers hereby agree to release KERI from any demands and responsibilities, including the non-fulfillment of Orders, either in part or in whole, for interruption due to force majure.
Service Providers shall not transfer their rights on this TERMS without KERI’s prior written consent. However, KERI 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 KERI 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 KERI 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 KERI App or Services are subject to the exclusive jurisdiction of the competent courts of Mandaluyong City, to the exclusion of of any other court or venue.
17. Contact Us
You may contact Us through the Keri Rider App – Help function. All your correspondences will be noted, recorded and stored in Our records.I have read and understood all of these TERMS and its consequences and hereby accept any rights, obligations, and conditions stipulated therein.