DO NOT USE THE MOOVR PH APP AND SERVICES IF YOU DO NOT AGREE TO THESE TERMS.

Last updated: Dec 30, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using any of Moovr PH’s Services (defined below).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

Failure to comply may result in indemnity, civil action, and/or permanent termination of your account and use of our Services.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Moovr PH’s Services are composed of the following elements:

• Moovr PH’s moovr.ph website and mobile application (the “Platform”)
• Moovr PH’s bicycles and e-scooters (“Personal Mobility Devices” or “PMD”)
• Bicycle and e-scooter stations and associated street treatments like wheel stops, flexible delineators, kiosks, and pavement markings (“Stations”)
• Separate stands that allow the docking of Personal Mobility Devices (“Docks”); and
• All related equipment, personnel, and information

Age Restriction: You are 18 years of age or older. If you falsify or misrepresent Your age, whether unintentionally or intentionally, You accept full responsibility for any and all damages, demands, consequences, causes of action, losses, injuries, court and litigation costs, attorney’s fees, penalties, fines, legal actions of any kind, judgments, expenditures of any type or nature whatsoever related to such misrepresentations.

Riding Competency: You confirm Your experience, familiarity, and competency in the operation of our PMDs, and that You are physically and mentally fit to ride them. You are solely responsible for any injury or damages resulting from improper or unsafe operation of our PMDs.

Sobriety: You agree not to operate a PMD while under the influence of drugs or alcohol and/or impaired with an alcohol level above what is legally permissible under local laws. You assume all risks and liabilities resulting from any and all use or attempted use of a PMD while impaired.

Helmet Safety: It is Your sole responsibility to use a helmet when using a PMD to avoid serious bodily injuries or death in the event of an accident. You agree that Moovr PH and all its agents, directors, officers, shareholders, successors, assigns, subsidiaries, parent organizations and affiliates shall not be liable or responsible for any damages or injuries caused by or relating to You failing to wear a properly fitted and/or fastened helmet.

Inspection Before Use:You agree to carefully inspect the PMD before riding it and shall, while within 15 feet of the place of rental, test the PMD’s operating components (such as brakes, tires, handlebars, etc.). You agree that, prior to operating the PMD, You will notify Moovr PH if there appear to be any issues with the PMD. You are restricted from renting a PMD that has visible defects or damage that could prevent You from safely using it.

Discontinuing Use:You agree to discontinue use of the PMD immediately and return it to a Station if it, or any component of it, should become defective or malfunction while riding it. You agree to notify Moovr PH customer service, who may, at its sole discretion, issue You another PMD or provide any other related services.

Riding Restriction in Adverse Weather Conditions:You agree not to operate our PMDs during heavy rains, lightning storms, or other adverse weather conditions.

Compliance with Local Laws:You agree to comply with applicable local, city, barangay rules, regulations, codes and laws that relate to the safe operation of a bicycle and/or e-scooter. You certify your familiarity with such prior to riding or operating our PMDs.

Misuse of PMDs:You agree not to use the PMD for racing, tricks, jumping, stunt riding and/or, off-road riding. You further agree not to use the PMD for any commercial or hire purposes. You shall not ride the PMD on unpaved roads, through puddles or water, or any other uses/places prohibited by law. You agree not to tow, pull, carry or push any person or object with the PMD.

Property Rights:PMDs shall remain the exclusive property of Moovr PH at all times. You agree not to remove or modify any accessories, parts, or components of the PMD.

Restriction on Third Party Users:You shall not permit others to ride upon or use the PMD in any capacity whatsoever. You shall not allow anyone else upon any part of the PMD at all times.

PMD Front Basket, Mobile Phone Holder Restrictions:You agree that you will not use the PMD baskets for any purpose other than carrying small and light items. You agree not to overfill the basket with too many items. This can impair the balance, steering and/or stability of the PMD which can result in injury. You agree that use of phone holder is at your own risk, and Moovr PH is not responsible for damage or loss to any items being transported, carried or left in the PMD baskets and/or mobile phone holders.

Reporting of Accidents or Incidents of Theft, Loss, and Damage of PMD to Authorities:You agree to contact Moovr PH and local Police immediately in the event of theft of the PMD or an accident that occurred during Your use of the PMD. A police report should be obtained in any of these events and provided to Moovr PH upon request within 5 business days of the incident and contain the facts surrounding the incident and contact information for witnesses and anyone else involved in the accident/incident.

Liability in the Event of Theft or Loss of PMD:You shall be liable and responsible for any costs, claims, judgments, demands, damages, injuries, expenses, penalties, expenditures of any nature, causes of action, losses, attorney’s fees and court costs of any kind relating to a stolen, lost or damaged PMD. If You leave a PMD unlocked or unattended and it is stolen, You are expressly responsible for its replacement cost. Depending on the extent of the case, Moovr may charge PHP 50,000 per device plus applicable recovery fees.

Responsibility for Damage to Bike or Other Property:You expressly agree to return the PMD to Moovr PH in the same condition as when received. You are liable for any and all damages resulting from improper use or abuse of the PMD and the cost of such damages shall become due and payable at standard labor and parts rates upon invoicing by Moovr PH. If PMD is permanently damaged and must be removed from circulation, You shall be responsible for furnishing Moovr PH with the replacement cost of the PMD, due and payable upon invoicing by Moovr PH. Email and express courier are all acceptable methods to deliver such invoices from Moovr PH. Should You cause damage to the property of another party while operating or in possession of the PMD, You are solely liable for such damage. Depending on the extent of the case, Moovr may charge PHP 50,000 per device plus applicable recovery fees.

Securing the PMD at All Times:You agree to maintain the PMD in a secure manner at all times which should be returned or stored at the proper Station. PMDs may or may not be equipped with onboard cable, chain or wire locks. Under any and all circumstances, Moovr PH is not responsible for any lost, stolen, destroyed or damaged Bikes regardless of whether locks are utilized and/or properly functioning. You expressly agree that You shall pay for any damages to the Bike caused by You or anyone else during Your rental period of the PMD. Any required repairs will be performed and billed at normal labor rates and parts/materials costs. Should a PMD be damaged to the point that it is no longer functional or safe to operate, You agree to pay Moovr PH the full replacement value of the PMD.

Acknowledging that No Insurance is Provided under this Agreement:You expressly acknowledge and agree that Moovr PH does not provide insurance of any kind including but not limited to: property damage, liability, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.

Agreeing to Conditions Regarding Payment for Unreturned, Damaged, Lost or Stolen PMDs:You agree that if the PMD is not returned to a designated Moovr PH location within the allocated time period as described herein, or the PMD is otherwise damaged beyond repair, lost or stolen, Moovr PH will immediately charge You a PHP fee which will be charged directly to the credit and or debit card that You used to rent the PMD and/or in a subsequent invoice to You, payable upon receipt. You shall be personally liable for the payment of the fee even if Your credit or debit card lacks sufficient funds to cover the fee.

Returning PMDs to Proper Stations:You agree to promptly return the rented PMD to a Moovr PH Station at the end of the rental period or You shall incur additional charges at the posted rate and as otherwise described herein.

Responsibility for Acts of Destruction:You agree that any willful or negligent act of destruction of the PMD and/or Moovr PH property will result in prosecution to the fullest extent of the law and Moovr PH will seek the recovery of all costs and administration charges from You, including attorney’s fees and costs.

Responsibility for Tickets, Fees and Fines:You agree to be solely responsible and will not hold Moovr PH and/or any of its agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates liable for any moving violation, fines, and/or illegal activities incurred by You while using, riding and/or operating the PMD. You agree to pay on demand all fines, and court costs, including administrative fees for parking, bus lane, traffic or other legal and/or moving violations assessed against the PMD, You, or Moovr PH during the rental or use of the PMD by You. You agree to pay Moovr PH for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims.

• Police Authorized to Stop Any Person Riding or in Possession of the PMD: Moovr PH has specifically authorized local Police to stop any person riding or possessing a PMD at their request for safety and/or security purposes. This may include any PMD that appears damaged, altered, is missing its identification number(s), and/or has been checked out longer than the PMD’s last corresponding rental use period. Police may ask You to present any of the following forms of identification to ensure that You are authorized to have, or be using, the PMD: (a) the credit or debit card used to rent the PMD; and/or (b) a form of government issued identification such as a driver’s license.

Waiver and/or Limitation of Liability

• For and in consideration of rental and use of PMD, You expressly forever release and relinquish and discharge Moovr PH and/or any of its agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates from any and all claims and/or liability, causes of action and/or damages including for personal injury, wrongful death, property damage, injury to others and/or third parties which arise from or related directly or indirectly to this Agreement; the rental, use and/or operation of the PMD; the Moovr PH website, and/or our other Services, including any and all claims, liability, causes of action and/or damages related to the sole or partial negligence of any non-related third party. By this Agreement any such claims, rights and causes of action that You (and Your legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and You do so on behalf of Your heirs, executors, administrators and assigns.
• You expressly agree to release and hold harmless Moovr PH and/or any of its agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates from all liability for any such property damage or loss, personal injury or loss of life, whether caused by the sole or partial negligence of a non-related third party others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the PMD. You voluntarily agree, understand and acknowledge that You will have no right to make a claim or file a lawsuit against Moovr PH and/or any of its agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates arising out of this Agreement; the rental, use and/or operation of the PMD; the Moovr PH website, and/or our other Services, in consideration for using and/or operating the PMD.

Assumption of Risks and Acceptance of Responsibility

• You expressly acknowledge and accept that You ride at Your own risk. You accept the PMD for use, exercising Your own free choice to participate voluntarily in this activity. You promise and agree to take due care during such rental, use, participation and/or operation of the PMD. You understand that bicycling or e-scootering may be a hazardous activity that involves risk to You and others including bodily injury, partial or total disability, paralysis and death. You understand that protective gear such as helmets and gloves are not provided but are recommended. You expressly understand that such gear, even when used, does not eliminate the risk of injury in the event of an accident.
• You acknowledge that there may be risks and dangers not known to You or not reasonably foreseeable at this time related to riding, maintenance, design, rental, use and/or operation of the PMD, and You assume responsibility for any and all such risks and dangers. You acknowledge and understand that these risks and dangers may be caused by the negligence of You or others including Moovr PH and Moovr PH’s Parties. You assume responsibility for all such risks and dangers.
• You freely and expressly assume and accept any risks and all injuries to You, Your personal property, and any others injured or damaged as a result of the rental, maintenance, design, use and/or operation of the PMD. You acknowledge, understand and agree that all of these risks and dangers, including those caused by the negligence of others, are included within the waiver, release and relinquishment of liability contained in this Agreement.

Arbitration:You expressly agree that Moovr PH, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement; the rental, use and/or operation of the PMD, the Moovr PH website, and/or our other Services, to final and binding arbitration under the Rules of the Civil Code of the Philippines, by one or more arbitrators appointed in accordance with the said rules.

No Warranty:Moovr PH does provide any warranties, express or implied. There is no warranty of merchantability or fitness for a particular purpose, and the PMD and Moovr PH equipment is accepted “as Is”.

Service Interruptions.Moovr PH shall not be liable for, or owe a refund to, You for any interruptions in service caused by or reasonably attributed to public unrest, government orders to temporarily cease operations for health and other public safety matters, emergencies, labor strikes, adverse weather conditions, criminal acts of others and acts of god, as well as mechanical/technical failures of internet, cellular and data hosts/service providers, both wired and/or wireless.

Indemnification.In consideration for the use of the PMD, You expressly agree to indemnify, defend, protect and hold harmless Moovr PH and/or any of its agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates against any and all claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys fees, judgments, suits, including claims brought by a third party, or disbursements of any kind of nature whatsoever related to, resulting from, regarding or referencing this Agreement, the rental, maintenance, design, and use and/or operation of the PMD, Moovr PH’s website and/or our other Services.

Jurisdiction & Governing Law for All Proceedings:You expressly agree that in the event of any proceeding, dispute, claim or controversy arising out of, resulting from and/or relating to this Agreement, the rental, maintenance, design, use and/or operation of the PMD, the Moovr PH program and/or the Moovr PH website shall be construed in accordance with and governed in all respects by the laws of the Republic of the Philippines. Moovr PH may assign its rights and duties under this Agreement to any party at any time without Your notice.

No Waiver:Moovr PH’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by Moovr PH shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.

Termination of Agreement:Moovr PH may terminate this Agreement at any time, without cause, legal process, or prior notice. You waive all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination.

Severability.Each provision of this Agreement, including any exclusions or limitations of liability, shall be construed separately, applying and surviving even if for any provision in this Agreement is held to be inapplicable or unenforceable under any circumstances.

Entire Agreement:This Agreement constitutes the final and entire Agreement between Moovr PH and You. This Agreement represents the entire understanding between Moovr PH and You and prevails over any prior or contemporaneous, conflicting or additional, communications, unless Moovr PH revises or modifies this Agreement. Moovr PH shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on the Moovr PH website. You shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use and/or operation of the PMD by You following any modifications to this Agreement constitutes Your acceptance of the terms and conditions as modified.

YOUR AGREEMENT TO THESE TERMS AND CONDITIONS

I, the Rider, certify that I am 18 years of age or older, and that I have read, understood, and agreed to the above Agreement.