DO NOT USE THE MOOVR PH APP AND SERVICES IF YOU DO NOT AGREE TO THESE TERMS.
Last updated: Dec 30, 2020
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.
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”)
- Designated areas that allow the parking of Personal Mobility Devices (“Hubs”); and
- All related equipment, personnel, and information
I. On User Accounts
- Age Restriction: You must be 18 or older to register for a Moovr PH Account. If you falsify or misrepresent Your age, whether unintentionally or intentionally, You accept full responsibility for any 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.
- Accurate Information: In accepting these Terms, You agree to submit and maintain accurate, complete, and up-to-date information in your Moovr PH Account. Failure to do so may result in Moovr PH’s termination of your access to the Services.
- Proof of Identity: You agree to provide proof of identity to access the Services at Moovr PH’s request. Failure or refusal to do so may result in You being denied access to the Services.
- Account Secrecy: You are responsible for maintaining the security and secrecy of your Moovr PH Account and Password at all times.
- Restrictions on Third-Party Use: You agree to prohibit third parties from using your Account nor assign nor otherwise transfer your Account to any other person or entity to access or use the Services.
- Single Accounts Only: You may only register for one Moovr PH Account, unless permitted by Moovr PH.
- Right to Refuse or Terminate Accounts: Moovr PH reserves the right, at its sole discretion to (a) refuse the registration of a User Account; and (b) suspend or terminate a User Account. Furthermore, we have the right to suspend or delete the accounts of users who violate our app’s terms and conditions. Prohibited activities could include but not limited to copyright infringement, spamming other users, general misuse and abuse of our devices, platform, employees, services and third-party platforms linked to our services.
- Receiving Announcements: By creating an Account you agree to receive information from Moovr PH via text message (SMS), email, or push notifications to facilitate the use of the Services. You have the right to opt-out of receiving these announcements but acknowledge that this may impact Your use of the Services.
II. On Charges and Payment Methods
- Charging Period: You are aware that Moovr PH’s charging period starts once the PMD is unlocked via QR code, and ends once the PMD is locked at the proper Hub, and “End Ride” has been prompted together with a Parking Photo submitted via mobile app. This will constitute one Trip.
- PMD Reservations: You are aware that Moovr PH’s charging period starts once the PMD is reserved, after you have confirmed your reservation on the app. Reservation fees have the same rates as prevailing rental rates and Moovr PH is not liable for your failure to use the reserved PMD or for any cancellations made by you. Reservation fees are non-refundable.
- Rates: You agree to be charged for each Trip according to Moovr PH’s current rates and price list, which can be found when clicking on a PMD icon in the app, and may change without prior notice.
- Accepted Modes of Payment: You agree to pay for charges through our accepted modes of payment: (a) Visa; (b) Mastercard; (c) Gcash; and (d) GrabPay. Payments made and credited to your Moovr PH wallet are non-refundable and non-transferable.
- Right to Amend these Terms: Moovr PH reserves the right to amend these Terms including the charges at any time but, where practicable, will use all reasonable endeavors to provide You with prior notification of any such amendments.
- Determining Rates: Charging period and any charges imposed, including charges for lost, stolen or damaged bicycles, will be determined by Moovr PH using the data recorded on its systems which shall be proof of the period of use. If you wish to dispute the charges, you must contact Moovr PH within 90 days of when the charge was made. You agree that Moovr PH may, at its sole discretion, collect any charges imposed hereunder, including but not limited to charges for lost, stolen or damaged bicycles, directly from your debit card or credit card that you have registered at the time of registration.
- Furnishing Account with Sufficient Funds: You agree to furnish your Account with sufficient funds before accessing our PMDs. The charges will be recovered from your Account at the end of each Trip. If sufficient funds are unavailable in your Account for the Trip the outstanding sums will be debited when funds are next added to your Account. You agree to fund your account when you incur a negative balance, even when the prevailing minimum top-up amount (PHP 150) in the Moovr PH app exceeds your negative balance. You will be unable to start a new Trip until sufficient funds are available on your Account. You are responsible for any negative balances, and such must be settled immediately, and will otherwise be reported to authorities for Theft of Services and will be subject to delinquency fees and/or termination of your account if balance remains unpaid .
- Minimum Required Balance: You agree to furnish your account with the current minimum required balance set forth by Moovr PH, currently at PHP 50, and that You will be unable to use Moovr PH should your remaining credits be less than the minimum required balance. You agree to top up your account should Your balance be less than the required maintaining balance in order to use the Services .
- Charges for Illegal Parking, Damages, Theft, or other Incidents: Devices parked more than two (2) meters of a Moovr sign is considered as Illegally Parked and Your account will be charged a minimum of PHP 1,000 for illegal parking. 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. Depending on the extent of the case, Moovr PH may charge PHP 50,000 per device plus applicable recovery fees.
- Payment of Outstanding Charges: You agree to pay any outstanding charges for Trips upon the termination of Your Account.
- Promotional Codes: Moovr PH may create and offer Promotional Codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Moovr PH establishes for each Promotional Code. You agree that Promo Credit is for your sole and personal use and may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted in writing by Moovr PH. Promo Credit may only be used according to the specific terms that Moovr PH establishes for each Promo Code. The Promo Codes and Promo Credit have no cash value and may expire before any Promo Credit has been redeemed or used. Moovr PH reserves the right to withdraw or disable any Promo Credit at any time and for any reason without liability. Moovr PH reserves the right to withhold or deduct Promo Credit other features or benefits obtained through the use of Promo Codes by You or any other User in the event that Moovr PH determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
III. On Accessing Personal Mobility Devices
- QR Code Locks: You acknowledge that to unlock and access our PMDs, you must scan the QR code on the lock. You shall not use force or any other method to open the lock. You will be liable for any damages you inflict on these locks.
- Proper Technology to Access Services: You are responsible for obtaining the data network access necessary to use the Services. You shall be responsible for the rates and fees of your mobile network’s data. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Moovr PH does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- Rider Agreement: By accepting these Terms, you also accept all the rules and conditions noted in Moovr PH’s Rider Agreement.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS
I certify that I am 18 years of age or older, and I have read, understood, and agreed to the above Terms and Conditions.