Terms and Conditions

SERVICES


1) MOBER SERVICE

Mober is an online delivery service. Using the app you can book a vehicle and a driver for a particular time and pickup location and desitination. Availability of Vehicle and Driver will depend on the time and date, pickup location and destination of the transaction.

2) USING THE SERVICE AND CREATING AN ACCOUNT


Prior registration is required before You can use and enjoy the Mober Services. We will require your Name, Mobile Number, Email Address and Mober Password in registering and creating an account. Your Mobile Number will be used as your contact number for the delivery and as an alternative username for login. Your Email Address will be used for contacting you and as alternative username for login. Both Email Address and Mobile Number will be used for account recovery procedures in case of forgotten password. In order to validate that you own the Email Address a Verification Link will be sent to your email which you need to click to verify your account. For your mobile number an OTP will be sent to your mobile number to verify it.

When creating an account, You recognize and agree that any Personal Information You disclose shall be bound by Our Privacy Policy. You warrant that any information You disclose in relation to the creation of Your account shall be true and an accurate representation of Yourself (i.e. not any third party) unless You are creating an account on behalf of a minor whom You are lawfully representing. Any information You submit should not be misleading or fraudulent. You commit to update Your account to maintain its accuracy. MOBER RESERVES ITS RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR ACCOUNT OR ACCESS TO THE SERVICE/S WITHOUT ANY LIABILITY OR PRIOR NOTICE, IF IN OUR REASONABLE OPINION, YOU MISREPRESENTED YOURSELF IN THE CREATION OF AN MOBER ACCOUNT. WE RESERVE THE RIGHT TO REJECT OR SUBSEQUENTLY CANCEL ANY DESIRED OR EXISTING ACCOUNT WITHOUT ANY REASON OR LIABILITY.

3) LICENSE FOR PERSONAL USE OF MOBER

On the condition that You faithfully comply with this T&C, Mober issues and provides You with a limited, unassignable, non-exclusive and royalty free license to download, access, use the Mober App in your Device for your personal use. No other license is hereby given to You except as to what has been clearly and expressly set forth in this T&C. For the avoidance of doubt, this license does not in any way transfer to You any proprietary or intellectual property rights owned or licensed to MOBER TECHNOLOGY PTE INC, its affiliates, subsidiaries, and/or third-party providers.

Mober is intended solely for Your personal use. It will be Your responsibility to maintain the confidentiality of Your account details such as passwords and user information. Your account is not intended for multiple users. Please inform Us immediately if You discover that Your account was accessed by a third party. We reserve the right to suspend Your account if We, in Our opinion, believe that a third party is attempting to access Mober using Your account. However, We cannot be held responsible if a third party is able to access your account. Mober shall not be liable for any loss, injury or damage arising from the termination or suspension of Your service or from the unauthorized access of Your account. You may request Us to reactivate Your account if it was terminated due to unauthorized access by a third party.

Notwithstanding the foregoing, You are prohibited from performing any of the following acts:

a) Disassemble, decompile or reverse engineer Mober App, program or software);
b) Modify any of its program, graphic user interface or do anything to revise or change
its features;
c) Modify Mober to allow multiple users to access the same using your account;d)
Reproduce, duplicate, license, sell, trade, use for commercial purpose or exercise
any acts of ownership on the Mober;
e) Do any act that will result to any harm, loss or injury to Mober.

4) DATA USAGE AND CHARGES

In order to use Mober, You need to have access to the internet. You are responsible for any Data or internet usage charges imposed by your local telecommunication operator for using Mober. In using Mober, You will also consume the data allocation provided by your regular internet or data service subscription. In the alternative, You may also use Mober through a reliable Wi-Fi Connection. AS MOBER IS HIGHLY DEPENDENT ON THE INTERNET, YOU AGREE THAT THE QUALITY OF OUR SERVICE IS DEPENDENT ON THE QUALITY OF YOUR INTERNET OR DATA CONNECTION. MOBER TECHNOLOGY PTE INC, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUPPLIERS (COLLECTIVELY "MOBER TECHNOLOGY PTE INC GROUP") ANY OF THE MOBER TECHNOLOGY PTE INC GROUP DIRECTORS, OFFICERS OR EMPLOYEES CANNOT BE HELD LIABLE FOR YOUR FAILURE TO USE THE SERVICE. WE CANNOT GUARANTY THAT THE SERVICE WILL BE ERROR FREE.

QUALITY OF SERVICE AND MAINTENANCE – Mober will use reasonable efforts to provide SERVICE with minimum disruptions. However, Mober cannot guarantee that SERVICE will always function without disruptions, delay or other problems. Since Mober operates over public internet lines and the PSTN, there may be power outages, or internet service disruption and you may experience disruptions, ex. packet loss and delay which will interfere with the quality of your call.

Mober may change technical features in order to keep pace with the growing demands of users and available technologies or to comply with Applicable Laws. Mober may also have to fix, improve or upgrade the Mober App and platform and this may require us to restrict access to the app and service while changes are ongoing.

5) MISUSE OF THE SERVICE

You are prohibited from Misusing the Service. The term "misuse" shall include (but not limited) to the following circumstances:

a) Reselling or redistributing the Service to another person under a different brand or
name;
b) Any act that could adversely affect any of Our subscribers, networks, property, or
Services in general including Our reputation;
c) Using the Service in the commission of a crime including but not limited to the
distribution of obscene, pornographic, malicious and other similar contents,
prohibited items;
d) Using the Service for commercial purpose unless otherwise agreed in writing; or
e) Using the Service to misrepresent yourself or to perform any malicious, fraudulent or
illegal act;
g) Infringing the intellectual property rights of MOBER TECHNOLOGY PTE INC or any
Third Party Content owners;
h) Any other act analogous to the foregoing

Apart from terminating Your service, We reserve Our right to exercise other remedies available under law and equity, including injunctive relief for any misuse of the Service without the need to establish damages. We may conduct an investigation if we believe You are Misusing the Mober Service.

6) COMPLIANCE WITH LAWS



This Contract shall be governed by and construed in accordance with laws of the Republic of the Philippines.

You agree to indemnify Us and our group of companies in full and on demand from and against any loss, damage, costs or expenses which we or they may suffer or incur directly or indirectly as a result of the breach of any these Terms.

We reserve the right to suspend or terminate Your account if, in our sole and reasonable opinion, we determine that the use of the Mober is for an immoral, illegal or unlawful purpose, or violates these Terms or may affect our network or equipment.

7) SERVICE AVAILABILITY AND UPDATES

Given the nature of the Service/s, We do not guarantee that it will always be available in a particular area or it will be error free. There may be instances of unavailability of Service. There are physical factors beyond Our control such as, but not limited to, weather/climate, structures, geographical terrain, topography, signal strength, traffic volumes, and technical limitations which may affect actual service, quality and availability. Your Device may also affect the quality of service. You understand and agree that We shall not be held liable for any complaints or problems caused by Service availability or quality.

To further improve the security, safety, provisioning of the Service/s, We may remotely update or change any applications, software, systems or features of Mober (System Update) without any prior notice. Such System Updates may modify Your Device and could delete any and all data You have stored on Your Device. It may likewise alter Your usual user experience of the Mober application. The Service/s may be suspended and unavailable during a System Update. Any update may also be a condition for your continuous use of the Mober Services.

8) DEVICE 


You need to use a smartphone, (collectively "Device") to access Mober. At present, Mober is available in IOS and Android operating systems. You may use any Device to access Mober provided it meets the minimum qualifications required by the Mober App. We are not in the business of manufacturing or selling of any Device. Hence, We do not endorse any Device to be used in accessing Mober. WE DO NOT WARRANT THAT MOBER WILL WORK IN YOUR DEVICE. All and any risk of loss, damage or destruction on the Device as a result of using Mober shall be your full responsibility. We reserve the right to disallow You from using a Device if we believe that its use may potentially harm other users or the Mober application.

9) NOTICE



In using Our Service, You agree that We (including any third-party calling on our behalf) can contact You, for any service related purpose within reasonable business hours, at any convenient means such as but not limited to email or SMS message.

10) INDEMNIFICATION



You commit and undertake to indemnify defend and hold Us (including Our subsidiaries, parent company, affiliates, suppliers, vendors, third-party provider or licensors) free and harmless from any action, claim, award, suit losses, damages, fines, penalties, costs, and/or expenses (including, without limitation, attorney’s fees) arising out of or in relation to Your actions including but not limited to the use of the Mober Service/s, violation of this Agreement or any law or policy cited in this Agreement, any applicable law or regulation, or the rights of any third party. You shall be fully and exclusively responsible for any information or material You transmit, or any act (or inaction) associated with the use or access of any Third Party Content. We shall not in any way be liable for Your failure to protect Your passwords or any account.

11) DISCLAIMER



UNLESS EXPRESSLY PROVIDED IN THIS Terms, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE ON ANY SERVICES YOU OBTAINED FROM US OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE CANNOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER WILL WE AUTHORIZE ANYONE TO MAKE SUCH WARRANTIES ON OUR BEHALF. EVEN SO, THIS DOES NOT OPERATE AS A WAIVER TO CLAIM AGAINST OTHER PERSONS WHO MAY HAVE MADE SUCH UNAUTHORIZED REPRESENTATION. THE MOBER SERVICE/S WILL ALWAYS BE ON AN "AS IS" BASIS WITH "ALL FAULTS, ERRORS, AND DEFECTS." IT IS ALSO IMPOSSIBLE FOR US TO GUARANTEE THAT MOBER WILL BE PRIVATE OR SECURE; WHILE IT IS ILLEGAL FOR UNAUTHORIZED PERSONS TO PRY OR INTERCEPT YOUR PERSONAL COMMUNICATION OR RETREIVE YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THAT THE SAME WILL NOT HAPPEN.

12) LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, ANY AND ALL CLAIMS AGAINST US (OR OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, VENDORS, THIRD-PARTY PROVIDERS, PARENT COMPANY) SHALL BE LIMITED TO
(I) TEN US DOLLARS (US$10),
(II) MAXIMUM AMOUNT SET BY LAW, IF ANY; OR (III) YOUR ACTUAL DIRECT DAMAGES, WHICHEVER IS LOWER. YOU AGREE THAT THIS LIMITATION SHALL APPLY REGARDLESS OF THE GROUNDS OF YOUR CLAIM INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, FRAUD OR ANY OTHER SOURCE OF LEGAL CLAIM. NEITHER ARE WE (OR OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, VENDORS, THIRD-PARTY PROVIDERS, PARENT COMPANY) LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE ANY SERVICE AND/OR THE DEVICE . YOU RECOGNIZE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS ARISING FROM ANY OF THE FOLLOWING CIRCUMSTANCES:

A) ANY ACT OF A THIRD PARTY WHO IS NOT AUTHORIZED TO ACT ON OUR BEHALF;
B) FORCE MAJEURE OR ANY ACT BEYOND OUR CONTROL;
C) RIOTS, STRIKE, WAR, TERRORISM OR OTHER SIMILAR INCIDENTS;
D) ANY VIRUS, WORMS, MALICIOUS CONTENT, DATA, IMAGE, ETC DOWNLOADED IN
YOUR DEVICE VIA THE MOBER SERVICE/S; OR
E) THIRD PARTY CONTENT YOU ACCESSED USING THE MOBER APPLICATION YOU RECOGNIZE THAT THIS PROVISION IS A MATERIAL CONSIDERATION IN THE SERVICES WE OFFER YOU. YOU RECOGNIZE THAT THIS PROVISION SHALL OPERATE AS A WAIVER OF ANY AND ALL OTHER EXISTING REMEDIES AVAILABLE UNDER EXISTING LAWS.

14) INTELLECTUAL PROPERTY


You recognize that the "Mober" "MOBER TECHNOLOGY PTE INC", and all other trademarks used in the Mober Service are exclusively owned by or licensed to Mober Technology PTE Inc Except as provided herein, nothing in this Terms can be construed as granting any license to use, copy, modify, reverse engineer, assert a claim, assign, sell, or register any of Our intellectual property. A violation of this provision may result to irreparable injury which cannot be fully remedied by pecuniary award. Thus, We shall be entitled to immediate injunctive relief in addition to all other remedies available for any violation of this provision. We however do not claim any form of ownership, interest or right in any Third Party Content found in the Mober.

15) PRIVACY POLICY

We may collect data and Personal Information ("Data") about You in order to deliver the Mober Service or to further improve the same. Yet We endeavor to protect information entrusted to Us. You agree and provide your consent for us to collect, process and store Your Data subject to our Privacy Policy.

The Privacy Policy may change from time to time. You are encouraged to regularly view our Privacy Policy for any updates. An updated Privacy Policy can be found in https://www.mober.ph/privacy

Mober respects your right to privacy, and we commit to take great care in safeguarding your personal data. For more information on your rights and how you may exercise them, please contact our Data Privacy Officer through the contact details provided below:

Name: Melvin Ryan Lopez Fetalvero
E-Mail: dpo@mober.ph
Business Address: 7F Unit B, 8 Rockwell Building, Hidalgo Drive, Makati, Metro Manila


16) SUSPENSION AND TERMINATION


You may terminate Your Mober account anytime by sending Us an email at help@mober.ph You are also considered to have terminated the Service if: (a) You do not use the Mober service for 1 calendar year; (b) You do not respond to Our communication or notices; or (c) refuse to accept any System Update. WE reserve the right, in Our sole and reasonable discretion, to suspend or terminate Your account without any liability in any of the following circumstances, You:

a) Commit a breach on any of the provisions of this Terms;
b) Use the Service to perpetuate any form fraud, misrepresentation or illegal activities;
c) Use the Service in a manner that unnecessarily places MOBER TECHNOLOGY PTE
INC to breach or violate any existing contractual or legal obligation;
d) Use the Service in a way that is unduly burdensome, abusive, excessive or
detrimental to Us, other subscribers or any third-party;
e) Misuse the Service as defined in this T&C;
f) Allow other persons to use your Account;
g) Do any other act analogous to the foregoing or any act which may be detrimental to
Our business or the subscriber in general. We may also suspend or terminate the
Service or any portion thereof for any System upgrade or any operational concerns
including any lawful order by government authorities. We will not be required to any
form of prior notice. You recognize that upon termination of this Agreement for any
reason, You will not be able to use, enjoy or access any of the Mober Service/s. The
termination of this Agreement shall be without prejudice to our right to recover any
claim, fees or payments which accrued prior to the termination of the Agreement.

15) CHOICE OF LAW AND VENUE 


This Agreement shall be governed by the Laws of Republic of the Philippines. Any action relating to this Agreement be brought it must be filed in the court of competent jurisdiction in Philippines. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We however, reserve the right to terminate the Agreement in the event a particular provision is void or unenforceable and such provision is, in our sole and reasonable opinion, a material in the provisioning of the Mober Services. PLEASE CEASE USING MOBER IF THE LAWS OF YOUR DOMICILE OR RESIDENCY PROHIBIT YOU FROM USING THE SAME.

16) FAQ 


For your convenience, you may browse and read our FAQ at http://www.mober.ph/faq

17) GENERAL TERMS

a) This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns. You may not assign this Agreement |
without Our prior written consent. Any assignment in contradiction of this clause s
shall be void. We may delegate the performance of our obligation to third-party
developers, suppliers or our affiliates without Your consent. We may likewise assign
this Agreement to a third party without your consent. In such case, your only remedy
is to terminate the Agreement.
b) Except as may be provided herein, this Agreement shall not inure to the benefit of
any third party
c) The headings in this Agreement are solely for reference and our mutual
convenience. It will not be used in interpreting the legal effect of this Agreement
d) In the event We waive any provision on one occasion, it does not amount to a waiver
of Our right to waive such provision.
e) This Agreement will not the benefit any third party except Our corporate parents,
affiliates, subsidiaries, agents, and predecessors and successors in interest.
f) We reserve the right to modify or amend this Agreement anytime.