Trabahall Terms & Conditions

TERMS OF USE

Section A – General Terms

1. Introduction

1.1. Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the TrabahALL Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and TrabahALL (as defined). The Agreement applies to your use of the Service provided by TrabahALL. If you do not agree to these Terms of Use, please do not use or continue using the Application (as defined) or the Service.

1.2. TrabahALL may amend the terms in the Agreement at any time without prior notice. Such amendments shall be effective once they are posted at https://trabahall.com or on the Application. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. TRABAHALL IS AN ALL-IN-ONE SERVICE APPLICATION MANAGED AND WITH RIGHTS UNDER BALUD DIGITAL SOLUTION CORPORATION (BDSC) WHICH PROVIDES THE USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. TRABAHALL’S ROLE IS PURELY TO LINK THE USER WITH OTHER THIRD PARTY PROVIDERS. TRABAHALL NOR THE BDSC IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER AT ANY TYPE OF SERVICES AVAILABLE IN THE APP AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF TRABAHALL AND THE SOLUTIONS AND SERVICES PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY TRABAHALL.

2. Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

2.1. “Application” means the relevant mobile application(s) made available for download by TrabahALL (or its licensors) to Users and Third Party Providers respectively;

2.2. “TrabahALL” means:

2.2.1.  Balud Digital Solution Corporation (BDSC) in relation to the services provided for TrabahALL, TrabahALL Provider, TrabahALL Store, and TrabahALL Kiosk

2.2.2. the relevant subsidiary, affiliate, associated company of or entity jointly controlled by Balud Digital Solution Corporation

2.3. “TrabahALL Policies” means the following:

2.3.1. the Privacy Policy;

2.3.2. the Service Provider Partner Code of Conduct or the TrabahALL Customer Code of Conduct,as may be applicable; and

2.3.2. the TrabahALL Store Partner Code of Conduct or the TrabahALL Kiosk Code of Conduct,as may be applicable; and

2.3.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.5. “Platform” means the relevant TrabahALL technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;

2.6. “Privacy Policy” means our privacy policy accessible at: https://trbahall.com/privacy-policy as amended from time to time;

2.7. “Service” means the linking of Users to Third Party Providers, or Other Users through the Application, Platform and/or Software;

2.8. “Software” means any software associated with the Application which is supplied made available for download and installation by TrabahALL;

2.9. “Solutions” means the following services which are made available to Users through the Service (each a “Solution”):

2.9.9. Any such other services which TrabahALL may make available from time to time;

2.10. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including drivers, service providers, third party store providers such as TrabahALL Store, Hotels, Private Corporations, Organizations;

2.11. “User/subscriber” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and

2.12.  “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.

3. Representations, Warranties and Undertakings

3.1. By using the Service, you represent, warrant / undertake that:

3.1.1.  You are 18 years of age and have the legal capacity to enter in the agreement. Anyone below the age of 18 cannot enter into the agreement.

3.1.2.  Information given by you must be genuine and factual in their entirety.

3.1.3. The use of Application, Platform, and Service must only be for their intended and lawful purposes.

3.1.4. You must keep any account password or any identification we give to you that will allow access to the Service to be safe, secure, and confidential.

3.1.5. You consent that the unauthorized use of your account or any other breach of security will be reported to us.

3.1.6. You consent to never delay, damage, or sabotage the Service, Application and/or the Software in any way.

3.1.7. any undertaking or attempts to commercially exploit the Application or any of its parts without our express permission is strictly forbidden. This includes, but not limited, to modifying any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission.

3.1.8. all attempts to impair, disable, sabotage, or otherwise circumvent the proper operation of the network which the Service operates on is strictly forbidden.

3.1.9. You give your consent to not authorize others to use your personal information or user status, and you consent to never assign or otherwise transfer your user account to any other person or entity.

3.1.10. You consent to furnishing us with any proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require.

3.1.11. You consent to forbidding yourself in using the Application to send or store any unlawful material or for fraudulent purposes.

3.1.12. You consent to forbidding yourself from using the Application and/or Software to initiate any form of nuisance, bothersome, or otherwise considered to be an inappropriate or disrespectful behavior of any manner towards TrabahALL or any Third Party.

3.1.13. You consent to following any and all laws applicable to you and/or your use of the Service when you are using said aforementioned Service.

3.1.14. You consent to forbidding yourself from copying or distributing the Software or any other related content without an express and written permission from TrabahALL.

3.1.15. You consent to providing information that is full, precise, and up to date as required for the Service. You consent to be responsible in maintaining that the information you provide is as complete, as precise, and as updated as much as possible during the entirety of your agreement in the terms and conditions presented to you. You consent that TrabaALL can rely on your provided information is as complete, as precise, and as updated as much as possible. You consent that should the information prove to be false, unreliable, outdated or incomplete in any way, TrabahALL reserves the right, but not the obligation, to terminate this Agreement and your use of the Service at any time with our without notice.

3.1.16. You consent to only using the access point or data account that you are authorized to use.

3.1.17. You consent in agreeing that the Service provided by TrabahALL is given on a reasonable effort basis.

3.1.18. You consent that the use of the Service is subjected to TrabahALL policies that may be amended from time to time.

3.1.19. You consent to providing TrabahALL with your assistance to any internal or external investigations as may be required by TrabahALL in compliance with any prevailing laws or regulations in place and.

3.1.20. You consent to take full and direct responsibility and liability for any and all loss or damage that you may suffer yourself, TrabahALL, or any other party as a result of your breach of this Agreement.

3.1.21. You consent to forbidding yourself from using modified devices or applications with the intention of avoiding, or otherwise, bypassing detection or aiding and/or facilitating any activities intended to defraud or damage TrabahALL or disrupt or otherwise sabotage the natural functions of the Application; and.

3.1.22. You consent in furnishing to us the phone numbers of TrabahALL users and other contacts found in your mobile phone address book on a regula basis. You consent that you are given the authority to provide us with these numbers to better improve your use of the Service).

3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:

3.2.1. Whenever it is relevant, you are in possession of a valid driver’s license, or any document TrabahALL necessitates from you, and you are given the authority to drive a motor vehicle, have been permitted or licensed in relation to the service/s you provide, and have all the pertinent licenses, approvals, and authority to provide services for hire to third parties in the jurisdiction in which you use the Service.

3.2.2. Whenever it is relevant, you lawfully possess or attain the authority and lawful right to operate, the vehicle or motorcycle, (“vehicle”) which you aim to use when accepting Users, and aforementioned vehicle is in acceptable working condition and is within the minimum industry safety standards for vehicles of its kind.

3.2.2. Whenever it is relevant, you lawfully possess or attain the authority and lawful right to operate or use the materials and tools, (“tools”) which you aim to use when accepting Users, and aforementioned tools are in acceptable working condition and is within the minimum industry safety standards in relation to the tool of its kind.

3.2.3. Whenever it is relevant, you consent to the use of proper safety gear and equipment (e.g. helmet) and other similar equipment that are applicable and is deemed a necessity in the operation of your service as required by the Law/s of the Philippines, or by the policies of TrabahALL as may be amended from time to time.

3.2.4. Whenever it is relevant, there is a valid policy of liability insurance (in industry-standard coverage amounts) covering for the use and operation of your vehicle, tools, and/or business insurance in the event of any anticipated losses related to the operation of your services.

3.2.5. You consent to taking direct and sole responsibility for whatever claims, judgements and liabilities that may result from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage, loss and damage to any items, goods, or merchandise being conveyed or delivered or any possible interruption or delays that may happen during the operation of delivery services, whenever it is relevant or otherwise provided, which is due to or is alleged to be a result of the transportation/delivery service or any other type of services provided by you.

3.2.6. You consent to following any and all local laws pertinent to the enterprising of a taxi/passenger delivery service, or of whatever service, regardless of type, that may be applicable and will be directly and singlehandedly responsible for any possible violations of such local laws.

3.2.7. You shall not contact Users for purposes other than in connection with the Service; (You consent to never contact Users for reasons beyond their connection with the Service)

3.2.8. You consent to never seek to ascertain, track, or trace any information on any other user of or visitor to the Application, or any other customer of TrabahALL, including, but not limited to, any account not owned by you, directly to its source/origins, or abuse the Application or any service or information made available or offered by or through the Application, in whatever manner where the intention of the action is the divulgement of any information, including but not limited to personal information pertaining to their identity, other than you own information, as provided for by the Application.

3.2.9. You consent to being knowledgeable that responding to users, charges for standard telecommunication may apply to you, upon which you shall cover in your entirety.

3.2.10. when it is mandatory for you and have indeed signed up for an account on behalf of your employer or any third party provider, the aforementioned parties will be considered to be the owners of the account, and you will consent to acknowledging that you represent and have the authority to bind your employer or any third party provider to the Agreement.

3.2.11. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of TrabahALL’s information or information related to the Application or the Services. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and TrabahALL reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and

3.3. If you are a User, you further represent, warrant / undertake that:.

3.3.1. You consent to following and obeying all that is found within the Terms of Use and other TrabahALL policies or guidelines at https://trabahall.com/community-standard.

3.3.2. You consent to the acknowledgement that your use of the Service is solely for your own personal benefit or, whenever it is allowed and approved, for the use of another person who is 12 years of age minimum. In such a case, you shall be hold jurisdiction over him/her and be held primarily responsible to him/her.

3.3.3. You consent to never using the Application, platform and/or software to initiate any form of discontent, irritation, inconvenience or make any fake bookings.

3.3.4. Whenever it is relevant, you consent to giving the correct number of passenger(s) or users when there is a request or a booking for the Service. You further consent to agreeing that should the information you provided on the number of passengers or users availing the service are found to be wrong or unreliable, the third party transportation provider has the right to cancel your booking and may charge you with a cancellation Fee, in accordance to the Cancellation Policy of TrabahALL.

3.3.5. You consent to never contacting Third Party Providers with intentions that are beyond the purposes of the Service.

3.3.6. You consent to never attempting or causing damages to Third Party Provides, the Vehicles, or the Tools, whether such attempts or causes are intentional or unintentional.

3.3.7. Whenever it is relevant, you are required not to build or amass, whether directly or indirectly, any form of collection, compilation or other directory from any content displayed on the Application or Platform with the exception of such being only to your personal, non-commercial use.

3.3.8. Whenever it is relevant, you will not replicate any content that is put on display through the Application or Platform. This include any third party product content and reviews, for the purpose of publication in any format or media.

3.3.9. You consent to using only one (1) account being registered to one device.

3.3.10. You consent to acknowledging that when making a request to Solutions by SMS or by using the Service, you may be charged with standard telecommunication charges.

3.3.11. You consent to acknowledging that TrabahALL, at their sole discretion, may consider an account to be classified as dormant should they find that no transactions has occurred by you or on your user account for the time period of six (6) months from the date of the last transactions and, as consequence, may deactivate or restrict access to your user account.

4. Compatibility

There are browsers, routers, and devices that may be considered incompatible or have trouble being compatible with the Application, Platform and/or Software. There can be a broad range of reasons such as having different models or versions of such devices, having firmware, or settings that cannot be compatible with the Application, Platform and/or Software. There are developments being made to ensure that the Application, Platform and/or Software is being made to be compatible and be able to be supported by all commonly used devices and models in the market and browsers as much as possible. In the meantime, we do not warrant compatibility of the Application, Platform and/or software with any specific mobile devices or other hardware.

5. License Grant and Restrictions

5.1. Whenever it is relevant, TrabahALL and its licensors will grant you a revocable, none-exclusive, none-transferable, limited license to gain the authority to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of the Agreement. Any and all rights not expressly granted by TrabahALL and its licensors to you are reserved.

5.2. you consent not to do the following:

5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;

5.2.2. modify or make derivative works based on the Application and/or the Software;

5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;

5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;

5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;

5.2.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

5.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or

5.2.8. use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

6. Payments

6.1 Payment Terms for Service Providers, Stores , and Kiosk Users

6.1.1charges incurred to you by TrabahALL for Services rendered are immediately due and cannot be refunded (“Service Fee”). Limited by any applicable laws, the Service Fee will be charged in two ways. One, by a fixed monthly subscription rate and second, by a percentage rate of the User Charges, as determined by TrabahALL from time to time. No refunds will be available at all times, regardless of our judgement to terminate or suspend your access to the Application/platform. The no-refund policy will also apply should you decided to terminate your access to the Application/Platform. The policy extends to any disruption that may happen to the Service, whether planned, accidental or intentional, or any reason whatsoever.

6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT TRABAHALL MAY ADMINISTER AND ACT, BUT IS NOT AN OBLIGATION AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION;

6.1.3 Base solely on TrabahALL’s discretion, we may advertise some promotional offers offering different features and rates on the Solutions to any Users whereby these promotional offers will honored accordingly by you. The Service Fee my change at any time base on TrabahALL’s sole discretion.

6.1.4 Service Provider’s, Stores’, and Kiosk User’s Cash Balance: TrabahALL shall administer payments to you and from you by way of a wallet system (the “TrabahALL Wallet“). Your earnings/current balance will be displayed in the TrabahALL Wallet in the Application and may be withdrawn by you to your designated bank account, or where available, or to such other recipient accounts as are made available in the Application. TrabahALL reserves the right to make such deductions from the TrabahALL Wallet as are provided for in these Terms of Use, as are authorized by you, or as are notified to you via the Application.

6.1.5 The maximum balance you may hold in the Service Provider’s, User’s, Stores’, and Kiosk User’s Cash Balance at any time is PHP100,000.00. Balance may be added in any manner prescribed by TrabahALL from time to time (such as cash reload and credit/debit card payments or transfer from your Cash Balance).

6.1.6 Service Provider’s Store’s, and Kiosk User’s Credit Balance: In addition to your TrabahALL Wallet, you must also maintain with TrabahALL a Credit Balance. The Credit Balance comprises a pre-payment to TrabahALL by you of commissions and other fees and charges applicable under these Terms of Use. You must at all times maintain a minimum credit balance (“Minimum Balance”) in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by TrabahALL, and shall be notified to you via the Application. It may be changed at any time at TrabahALL’s sole discretion.

6.1.7 In order to fulfill the minimum Balance requirement, additional funds (“Credits”) may be added to your Credit Balance.

6.1.8 Funds in the Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. TrabahALL may receive interest on amounts that TrabahALL holds on your behalf. You agree to assign your rights to TrabahALL for any interest derived from your Credits.

6.1.9 TrabahALL Wallet: Where available, Users and Service Provider will be provided with a TrabahALL stored value facility wallet. This wallet may be used to receive funds withdrawn from the Cash Balance pursuant to clause 6.1.4 and 6.1.5 above, as well as make payments, remittances and transfers of funds to other Users. Usage of your TrabahALL Wallet will be governed by the TrabahALL Terms of Use, accessible via the ­­­­­­­­­________________ website.

6.2 Payment Terms for Users:

6.2.1 Any fees which you pay TrabahALL for the Service are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a fixed monthly subscription rate and a percentage rate of the User Charges, as determined by TrabahALL from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever;

6.2.2 All users are mandated to make full payment of the User Charges for all services that have been offered and availed of by the user in the Application. The method of payment would be whatever manner that was selected at the time of booking, be it in cash, or one of the automated payment methods that is made available on the Application. There will be no refunds to any payment pursuant to the selected method of payment and are deemed final and irrecovable.

6.2.3 Payments can be made automatically either by credit and/or debit card, or where such other methods can be found in the Application. These non-cash payments have terms governed by the TrabahALL Terms of Use.

6.2.3 There is an option to pre-set a default “tip” amount set at your discretion when you register for the Service if a tipping feature is made applicable. This will automatically be included in the User Charges once the Solution has been provided and granted to the Third Party Providers unless you have decided to change the amount or remove the tip altogether.

7. Cancellation

7.1 For Service Providers, Stores, and Kiosk Users:

7.1.1 You acknowledge that Users count on you to deliver and/or provide for the services and provisions of the Solutions. A large number of cancellations or a frequent cancellation rates, or a high tendency to ignore User’s bookings will negatively impact the user’s experience and heavily diminish the reputation and branding of TrabahALL.

7.1.2 While cancellation of bookings are permitted, they must be based upon acceptable grounds as shown within the Application. TrabahALL reserves the right for amendment of these acceptable cancelation grounds at any time. Cancellations that is not within the acceptable grounds within the Application or ignoring such booking may be counted against you and would be part of the determining factor in deciding if your access to the Service will be temporarily restricted).

7.2 For Users:

7.2.1 the cancellation of your request for transport services are available to you at any time before embarking on your ride provided to you by the Service Provider, Stores, and Kiosk Users that has been matched to you by the Service.

7.2.2 A cancellation fee may be charged against you should you decide to cancel a booking that you made or fail to appear on the designated time and location.TrabahALL will notify you ever now and then as per our Cancellation Policy.

7.2.3 If a Cancellation fee was charged against you by mistake, feel free to make contact with TrabahALL through our Help Centre for assistance. TrabahALL reserves its absolute discretion to any and all refunds meant for you. Such refunds may be credited to the payment fund used for the journey, or the TrabahALL Wallet or such other method as is deemed reasonable by TrabahALL.

8. TrabahALL Rewards for Users

8.1 Any User that has been using the Application that also has a subscription to the platform at the same time will automatically be a part of TrabahALL Rewards that is maintained by TrabahALL and/or its affiliated companies. E-vouchers, promotions, discounts, free gifts, promotion codes and many more benefits are a part of and offered by TrabahALL and/or third party merchants as part of the TrabahALL reward system. All of this can be browsed through the rewards catalogue made available periodically in the Applications (“Rewards”).

8.2 The terms of the TrabahALL will be governed by this agreement.

8.3 From time to time, TrabahALL may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. TrabahALL reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. TrabahALL reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.

Earning Points

8.4 At the entirety of our discretion, points (“Points”) may be awarded by TrahbahALL to you that can be exchanged for Rewards on the Solutions booked via the Application)

8.5 At the entirety of our discresion, 1 point may be given to you for every PHP200 that is spent by you on qualifying Solutions in the Philippines. Note that the awarding of points is at the sole discretion of TrabahALL. (expressly excluded in the redemption of Rewards in connection with the qualifying Solutions are (1) promotion code, (2 discounts, (3) fare discounts, (4) other fare adjustments)

 8.6 The Points awarded are calculated on two basis; the first is on a per transactional basis and the second is on a reward basis. These Points are then rounded up to the nearest whole number, wherein if the decimal is more or equal to 0.5 Points. Likewise, the Points are rounded down to the nearest whole number if the decimal point is less than 0.5 Points

 8.7 TrabahALL may increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from TrabahALL any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

Points Validity

8.8 Points earned will continue to accumulate provided that you make at least one qualified TrabahALL transaction within three (3) months of the last transaction. Failure to make a qualified TrabahALL transaction within the period will lead to the expiration of the accumulated points.

8.9 Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

8.10 If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of TrabahALL or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem;

8.11 You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against TrabahALL for any expired e-vouchers;

8.12 Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances;

8.13 Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained;

8.14 TrabahALL may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.;

8.15 You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same;

General

8.16 To the extent as permitted by applicable laws, TrabahALL reserves the right at any time to:

8.16.1 vary, modify or amend the terms and conditions of the TrabahALL Rewards (including adding or deleting any terms);

8.16.2 terminate or modify the TrabahALL Rewards;

8.16.3 revoke, adjust and/or recalculate any Points awarded;

8.16.4 change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;

8.16.5 change the number of Points that can be earned on spendings on qualifying services;

8.16.6 modify the qualifications and eligibility for earning Points;

8.16.7 modify the activities that earn Points;

8.16.8 modify the methods used to calculate the number of Points to be awarded;

8.16.9 withhold or cease the awarding of Points to you;

8.16.10 modify the qualifying Points or other criteria for membership tier upgrades and renewals; and

8.16.11 change or withdraw any benefits related to a particular membership tier;

without prior notice to you and at its sole discretion.

8.17 TrabahALL may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason; and

8.18 You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.

9. Ratings

9.1. Users and Service Providers may be allowed to rate each other in respect of Solutions provided;

9.2. Every rating will be automatically logged onto TrabahALL’s system and TrabahALL may analyse all ratings received. TrabahALL may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

10. Complaints

10.1. Any complaints between Service Providers, Users, Stores, and Kiosk Users must be taken up with each other directly. For the avoidance of doubt, such complaints include, but are not limited to, complaints involving: (a) defects, safety, and/or imperfections of products or goods ordered or purchased by Users; (b) deceptive, inaccurate, or insufficient labeling, packaging, or information regarding the products or services sold or offered for sale by the Service Providers or stores, as applicable; (c) loss or damage to goods incurred during conveyance or transport or in any ways, as applicable or unless otherwise provided; (d) delays in delivery or providing of services, as applicable or unless otherwise provided; or (e) other liability under applicable consumer protection, commercial, and criminal laws and/or administrative rules and regulations.

11. Repair and Cleaning Fees for Users

11.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Service Provider’s Vehicle and/or tools as a result of your misuse of the Service or breach of the Terms of Use herein. TrabahALL may facilitate but is not obligated in payment for reasonable cost of such repair or cleaning on behalf of the Service Provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Service Provider has been verified by TrabahALL.

12. Intellectual Property Ownership

TrabahALL and its licensors including Balud Digital Solution Corporation, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by TrabahALL and/or its licensors. TrabahALL’s name, TrabahALL’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of TrabahALL or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

13. Taxes

13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend TrabahALL to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

13.2. If you are a Service Provider or a Store, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

13.3. If you are a Useer, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement including but is not limited to VAT Tax per transactions, related taxes for monthly subscription fees in TrabahALL as may be amended from time to time.

14. Confidentiality

14.1. You shall maintain in confidence all information and data relating to TrabahALL, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of TrabahALL (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from TrabahALL, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without TrabahALL’s prior written consent, disclose such information to any third party nor use it for any other purpose.

14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

14.2.1. was at the time of receipt already in your possession;

14.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

14.2.3. was received from a third party having the right to disclose it; or

14.2.4. is required to be disclosed by law.

15. Data Privacy and Protection Data Protection Policy

15.1 TrabahALL collects and processes your personal data in accordance with its Privacy Policy. The Privacy Policy applies to all of TrabahALL’s Services and its terms are made a part of this Agreement by this reference.

15.2 Where applicable, you agree and consent to TrabahALL, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing personal data as further described in our Privacy Policy.

15.3 You acknowledge that TrabahALL may disclose personal data of other individuals to you in the course of your use of TrabahALL’s Services. You represent and warrant that you will only use such personal data for the purpose for which it was disclosed to you by TrabahALL, and not for any other unauthorized purposes.

16. Third Party Interactions

16.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and TrabahALL and its licensors shall have no liability or obligation for any such communication or agreement. Neither TrabahALL nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall TrabahALL, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites, service providers, or third parties. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use or privacy policies prior to your use of or access to such goods or services, and TrabahALL is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third parties. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. TrabahALL is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

16.2. TrabahALL may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings. You agree and allow TrabahALL to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

16.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

16.4 You acknowledge that the Application utilises and modifies search results from Google Maps services and content, and that by using the Application, you agree to comply with (1) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (2) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Application you shall not:

(a)    copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps; You acknowledge that in addition to utilising data from the Data Sources listed in Section B the Application utilises and modifies search results from Google Maps services and content.

(b)   sublicense, transfer or distribute Google Maps;

(c)    sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or

(d)   access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.

 Data Sources

The Application contains geographical data attributed to the following sources:

Map Data © OpenStreetMap contributors www.openstreetmap.org/copyright

Map Schema © OpenMapTiles https://openmaptiles.org/

Map Data © Google maps.google.com

Map Data © Here www.here.com

Map Data © OpenStreetCam openstreetcam.org

Map Data © Foursquare foursquare.com

Land Transport Authority, Singapore lta.gov.sg

Department of Transportation, Philippines dotr.gov.ph

Ministry of Transport, Vietnam mt.gov.vn/en/Pages/default.aspx

17. Indemnification

17.1  By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold TrabahALL, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Parties or Users (as the case may be), third party merchants, service providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable; or (f) the provision by Third Party Providers, as applicable, of false, inaccurate, deceptive, fraudulent, or otherwise illegal information, including but not limited to (i) product, price or promotional information, (ii) service information, or (iii) other information required to be disclosed by applicable law and/or administrative rules and regulations. 

17.2   By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold TrabahALL, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable.

18. Disclaimer of Warranties

TrabahALL makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. TrabahALL does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

18.1. TrabahALL makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to TrabahALL in respect of the same.

19. Internet Delays

THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTIES, STORES, OR SERVICE PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. TRABAHALL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

20. Limitation of Liability

20.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST TRABAHALL BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. TRABAHALL AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:

20.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR

20.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, EVEN IF TRABAHALL AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2. TRABAHALL DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTIES INCLUDING SERVICE PROVIDERS, STORES, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE TRABAHALL FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING SERVICE PROVIDERS, STORES, MERCHANTS, ADVERTISERS AND/OR SPONSORS

20.3. TRABAHALL WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTIES INCLUDING SERVICE PROVIDERS, STORES, MERCHANTS, ADVERTISERS AND/OR SPONSORS. REGARDLESS IF YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH TRABAHALL, TRABAHALL CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTIES INCLUDING SERVICE PROVIDERS, STORES, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE TRABAHALL FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING SERVICE PROVIDERS, STORES, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

20.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTIES INCLUDING SERVICE PROVIDERS, STORES, MERCHANTS, ADVERTISERS AND/OR SPONSORS WHO ULTIMATELY PROVIDES SUCH SOLUTION TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION, GOODS, PRODUCTS, SERVICES, OR OTHER CONDITIONS THAT ARE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

21. Notice

trabahALL may give notice through the Application, electronic mail to your email address in the records of TrabahALL, or by written communication sent by registered mail or pre-paid post to your address in the record of TrabahALL. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to TrabahALL (such notice shall be deemed given when received by TrabahALL) by letter sent by courier or registered mail to TrabahALL using the contact details as provided in the Application.

22. Assignment

This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of TrabahALL but may be assigned without your consent by TrabahALL. Any purported assignment by you in violation of this section shall be void.

23.Dispute Resolution

This Terms of Use shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use or the Service shall be referred to the Philippines Dispute Resolution Centre (“PDRC”), in accordance with the Rules of the PDRC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and TrabahALL (the “Arbitrator”). If you and TrabahALL are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRC in accordance with the Rules. The seat and venue of the arbitration shall be Manila, in the English language and the fees of the Arbitrator shall be borne equally by you and TrabahALL, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

24. Relationship

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with TrabahALL.

25. Severability

If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

26. No Waiver

The failure of TrabahALL to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

27. Entire Agreement

This Agreement comprises the entire agreement between you and TrabahALL and supersedes any prior or contemporaneous negotiations or discussions.

28. Suspension and Termination

You agree that we may do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (b) to modify or change any applicable policies or terms; and (c) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.

29. No Third Party Rights

Unless expressly provided herein, this agreement does not give rights to any third parties who are not party to this Agreement.