IMPORTANT: Before proceeding, we kindly request that you carefully review the following terms and conditions ("Terms") governing your use of our Service. Your acceptance and utilization of our Service indicate your agreement to adhere to these Terms. If you do not agree to these Terms, please refrain from using our Application or Service.

Privacy Policy Acknowledgment: By utilizing our Service, you acknowledge that you have thoroughly reviewed and understood Xpress's Privacy Policy. Your consent to the collection, usage, and processing of your Personal Data for the purposes stated in the Privacy Policy is implied.
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It is your responsibility to maintain accurate and current account information. If there are any changes to your Personal Data or if you wish to terminate your account, please promptly inform us. We will make reasonable efforts to accommodate your requests within a timely manner.

Your submission of Personal Data signifies your consent to its use as outlined in these Terms and our Privacy Policy.

I. General Terms

These terms and conditions ("Terms") constitute a legally binding agreement between you and Xpress regarding your use of our Software (also referred to as the Application). Our Software facilitates the connection between individuals seeking transportation services and third-party independent transportation providers, drivers, and vehicle operators (collectively referred to as "Service Providers").

Certain Services may be subject to additional terms, such as specific event policies or promotional offers. These supplemental terms will be provided to you separately, either through our website or within the Application. Such supplemental terms are deemed part of these Terms and take precedence over them in the event of any conflict.

Xpress reserves the right to amend these Terms at any time. Amendments will become effective upon posting the updated Terms on our website or within the Software. Your continued access or use of the Services after such posting constitutes your acceptance of the amended Terms.

Xpress is a technology company and does not directly provide transportation services. Our Service is to connect you with transportation Service Providers. It is the responsibility of the Service Providers to offer transportation services to you, and your acceptance of such services is facilitated through our Software or mobile Application. Xpress is not responsible for the acts, negligence, or omissions of any Service Provider.

By using the Application provided by Xpress and downloading, installing, or using any associated software, you acknowledge and agree to be bound by these Terms and any future amendments or additions. The most current version of these Terms can be found at www.xpress.ph.

Xpress reserves the right to modify these Terms or its policies relating to the Service at any time. Changes will be effective upon posting an updated version on www.xpress.ph. It is your responsibility to regularly review these Terms. Your continued use of the Service after any such changes constitutes your acceptance of the modified Terms.


II. Definitions

You, Your, and Yours: refers to any natural or juridical person, the user of the Services, who installs the Software on a mobile device and submits bookings/orders through it.

‍Software: Refers to the application developed by Xpress, serving as the platform for accessing our Services in the Philippines.

‍Services: Encompasses all activities carried out electronically by Xpress through its Software.

‍Driver: Denotes a licensed driver, holding a Professional Driver's License issued by the Land Transportation Officer (LTO) of the Philippines, accredited with Xpress to provide Private Carrier Services.

‍Order: Represents a user's request for pick-up, transportation, or delivery services, including any additional services, made through the Software.

‍Agreement: Signifies the contract of private carriage automatically formed between the user and the Participating Driver upon the driver's acceptance of the user's Order through the Software. 

‍Xpress Wallet: Your designated account where earnings from the services you provide are directly credited.

Driver Wallet: Functions as the wallet enables drivers to transfer their earned money and cash out.

III. Purpose of the Terms and Conditions

Our Terms and Conditions are designed to provide users with a clear understanding of their rights and responsibilities when utilizing our platform. Through the Xpress Driver/Rider Partner platform, users can access our Software to arrange transportation services to their desired destinations, facilitated by an Xpress Driver/Rider Partner.These terms serve as a guide, outlining the rules and expectations for all parties involved. They aim to create a safe and secure environment for users and Xpress Driver/Rider Partners, fostering trust and reliability in our services.

Additionally, our Terms and Conditions ensure compliance with legal and regulatory standards, protecting the interests of everyone involved in the process. They establish procedures for dispute resolution, ensuring fair and transparent outcomes in case of disagreements.

Communication between users and Xpress is facilitated through these terms, allowing for feedback, inquiries, and support services. As we continue to evolve and innovate, these terms will adapt to meet the changing needs of our users, ensuring that our services remain efficient and effective.

IV. Representations, Warranties, and Undertakings

By using our Service, you acknowledge and agree to the following representations, warranties, and undertakings:

You confirm that you possess the legal capacity to accept and adhere to the Terms and Conditions of Use. You further affirm that you are at least eighteen (18) years old or of legal age as required in your jurisdiction to enter into a contractual agreement. The Service is not intended for individuals under the age of eighteen (18) or those prohibited by law from entering into contractual relationships.

You warrant that all information provided by you is true, accurate, and complete. You agree to update this information promptly to ensure its ongoing accuracy.You agree to use the Service in compliance with all applicable laws, regulations, and statutes.

You will not engage in any unlawful or prohibited activities while using the platform.You undertake not to misuse the Service, including but not limited to attempting to disrupt, harm, or impair its functionality in any way.

You acknowledge that the Service is provided for your personal use only and agree not to authorize others to use your account. You may not assign or transfer your account to any other person or entity.

You are responsible for maintaining the security and confidentiality of your account credentials, including passwords and other access credentials. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Partners using the platform commit to obtaining all necessary licenses, approvals, and insurance required to provide their services lawfully and responsibly.

Consumers using the Service agree to use it responsibly and for personal use or on behalf of minors, ensuring accurate passenger information is provided when booking.

These Terms constitute a binding agreement between you and Xpress. By using our Service, you agree to abide by them and uphold the representations, warranties, and undertakings outlined herein.

V. Compatibility
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Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the Platform or its parts. While we strive to develop the Platform to support commonly used devices and models in markets, and all relevant browsers, we cannot guarantee compatibility with specific mobile devices or other hardware.

VI. License Grant and Restrictions

Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the Platform or its parts. While we strive to develop the Platform to support commonly used devices and models in markets, and all relevant browsers, we cannot guarantee compatibility with specific mobile devices or other hardware.

You shall not:

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

Remove any copyright, trademark, or other proprietary rights notices contained on the Platform.

VII. Payments

At Xpress, we offer flexible payment options to ensure a convenient and seamless experience for our users. When using our Service, you may choose to pay for your transportation needs through cash, e-cash, debit/credit card or via your Xpress Wallet.

If you opt to pay with your Xpress Wallet, you'll need to top up your wallet using a valid credit or debit card. It's essential to ensure that the card you use belongs to you, or you have explicit permission from the cardholder to use it for this purpose.

We may verify and authorize your card details during registration and each time you use the service to ensure security and prevent unauthorized usage. Please note that an authorization hold may be placed on your card temporarily as a security measure.

In the event that your top-up transaction is processed overseas, you will be responsible for any additional charges incurred.

Once you complete a journey using our Service, payment must be made in full to the Xpress Driver/Rider Partner. Please note that payments are non-refundable, and any disputes regarding the service provided should be addressed directly with the Xpress Driver/Rider Partner.

We reserve the right to suspend any transaction that we suspect to be fraudulent, illegal, or in breach of our Terms and Conditions of Use. We appreciate your cooperation in complying with financial crime screening and relevant regulations.

Users availing of non-cash transactions or pre-paid payments can utilize the Xpress Wallet. The Xpress Wallet allows for the deposit of funds, from which fees and charges for orders are deducted. Users maintain full control over their Xpress Wallet balance until deductions are made for completed transactions.

For Xpress Driver/Rider Partners, earnings are stored in the Driver Cash Wallet, a facility wallet administered by Xpress. Earnings can be withdrawn from the Driver Cash Wallet by cashing out through the Company to your preferred payment method. The Company may make deductions from the balance as authorized by our Terms and Conditions.

Xpress Driver/Rider Partners have the option to add funds (Credits) to their Driver Cash Wallet through various methods prescribed by Xpress. These funds are not considered valuable or exchangeable instruments and do not accrue interest.

VIII. Xpress Wallet and Credits Agreement

When purchasing Credits or utilizing Your Wallet within the Xpress platform, you agree to abide by the following terms and conditions:This Xpress Wallet Credits Purchase Agreement ("Agreement") governs the relationship between the Company and the purchaser or redeemer of Xpress Wallet Credits (referred to as "you")."Xpress Wallet Credits" in this Agreement denote a specified load amount added directly to the user's Xpress Wallet within the Software.

To purchase or redeem Credits, you must have an active and valid Account, and your usage of Credits and Xpress Wallet is subject to the Terms and Conditions of Use outlined in this Agreement. The Company may request identity confirmation to comply with anti-money laundering laws. Credits can only be redeemed through the Application, and the Company reserves the right to modify the services for which Credits can be redeemed. Credits are non-transferrable to other parties.

The Company bears no responsibility for unauthorized Credit usage. In cases of suspected fraudulent or unlawful use, the Company reserves the right to suspend or void Credits. Xpress Wallet Credits are non-refundable and non-redeemable for cash. They cannot be resold or transferred for value, nor can they be considered valuable or exchangeable instruments. The Company retains the discretion to reverse or refuse Credit transfers at any time.

The Company reserves the right to amend the terms and conditions of this Agreement, with or without prior notice, in compliance with applicable laws. The most current version of the Agreement will be available online or within the Application and will supersede all previous versions. Your continued use of your Xpress Wallet and Credits constitutes acceptance of any modifications to the Agreement. If any term of this Agreement is deemed invalid or unenforceable, it will not affect the validity of the remaining terms.


IX. Taxes

You agree that payments for the Service shall be subject to all applicable statutory taxes, duties, fees, charges and/or costs, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company 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 Services supplied under this Agreement.

X. Repair or Cleaning Fees for Damage, Misuse, or Breach

The Customer is responsible for covering the cost of repairs or necessary cleaning of vehicles and property resulting from their use of the Service under their account. Any repairs or cleaning that exceed normal wear and tear, referred to as "Repair or Cleaning," may be charged to the User's account after the Company verifies the need for such services.

The Company reserves the right to facilitate payment for the reasonable cost of Repair or Cleaning on behalf of the Xpress Driver/Rider Partner. This payment can be processed via the User's designated payment method or demanded in cash if a request for repair or cleaning is made by the Xpress Driver/Rider Partner and verified by the Company as necessary.

XI. Ownership of Intellectual Property; License Grant; Restrictions and Prohibited Uses

Intellectual Property Rights

Xpress and its licensors retain full ownership of all intellectual property rights associated with the Software, Application, and Service. This includes any contributions, feedback, or suggestions provided by users. The Xpress name, logo, Service, Software, and Application, as well as related trademarks, are the sole property of Xpress or its licensors. Unauthorized use of these assets is strictly prohibited without prior consent, covering all aspects and designs integral to the Software and Application.

License Grant

Xpress and its licensors provide users with a limited, non-exclusive, and non-transferable license to utilize the Application and/or Software strictly for personal, non-commercial purposes. This license is subject to revocation and complies with the terms outlined in this Agreement. All rights not explicitly granted are retained by Xpress and its licensors.

Restrictions

Users are expressly forbidden from sublicensing, selling, or altering the Application and/or Software, including the creation of derivative works. Reverse engineering or accessing the Software for competitive purposes is strictly prohibited. Users are also prohibited from disrupting the operation of the Application and/or Software or removing any copyright or proprietary notices.

Prohibited Uses

The Application and/or Software may not be used for spamming, storing infringing material, distributing harmful computer code, or gaining unauthorized access. Users must refrain from impersonating others or engaging in any conduct that could tarnish Xpress's reputation.

XII. Confidentiality

As you use the Xpress platform, you might access confidential details like our business strategies and technical specs. It's crucial to keep this info private and not share it with anyone outside Xpress without our written permission. We're serious about protecting your data too. 

Any personal info you provide during signup or while using our platform is safeguarded according to our Privacy Policy and data protection laws. While there are situations where we may need to disclose information as required by law or to protect your rights and safety, we're dedicated to keeping your data secure and respecting your privacy at all times.‍

XIII. Cancellation

As a Partner, your commitment to fulfilling Consumers' requests for Solutions is vital to maintaining their trust in Xpress. Excessive cancellations or disregarding Consumer bookings can severely impact their satisfaction and reflect poorly on our brand.

While you have the flexibility to cancel a booking, acceptable reasons for doing so are specified within the Application. Xpress reserves the right to periodically update these acceptable reasons. Failure to provide a valid reason for cancellation or consistently ignoring bookings may lead to temporary restrictions on your Service access.

XIV. For Consumers utilizing Transportation Solutions:

Unless specified otherwise in Xpress Policy, you retain the right to cancel your transportation service request before your ride with the matched Partner begins.

In cases of booking cancellation or failure to show up at the designated location, you may be subject to a Cancellation Fee or similar charge.

Should you believe a Cancellation Fee was erroneously applied, you can reach out to Xpress through the Help Center on our website or the application for assistance. Xpress retains the discretion to issue refunds, which may be credited back to the payment card used for the journey or via alternative methods deemed reasonable, but please note that such refunds are non-refundable at the company's discretion.

XV. Feedback and Ratings

At Xpress, both Consumers and Partners have the chance to provide feedback and rate each other based on the quality of service provided.

These ratings are securely stored within Xpress's system. We reserve the right to review all submitted feedback and take necessary actions, including the suspension of Service, if deemed appropriate.

XVI. Taxes
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This Agreement is subject to prevailing statutory taxes, including but not limited to sales tax, value-added tax (VAT), and income tax. Users must adhere to all applicable tax laws and regulations in their respective jurisdictions. Partners are responsible for any taxes, duties, or contributions related to sums payable under this Agreement, including those arising from the provision of services through the Xpress platform

XVII. User Conduct and Content

Users are expected to use the Xpress platform in accordance with its intended purpose and in compliance with all relevant laws, regulations, and industry standards. Any conduct that is unlawful, fraudulent, or harmful to others is strictly prohibited, including:

Posting or transmitting any content that is defamatory, obscene, or offensive.

Impersonating any person or entity, or misrepresenting affiliation with any person or entity.

Interfering with the operation of the Platform or its systems, such as hacking, phishing, or distributing malware.

Engaging in activities that could damage, disable, overburden, or impair the functionality of the Platform or its infrastructure.

Xpress reserves the right to monitor user conduct and content on the Platform and take necessary action, including suspension or termination of user accounts, for violations of these terms.

XVIII. Third Party Interactions

During your use of the Xpress platform, you may engage with third-party providers, advertisers, or sponsors whose goods or services are showcased through the platform. Any interactions, along with associated terms, warranties, or representations, are solely between you and the third party. Xpress and its licensors bear no liability, obligation, or responsibility for such interactions. Additionally, Xpress may utilize third-party advertising and marketing to support the platform and generate additional revenue. By agreeing to these Terms and Conditions, you consent to receive such advertising and marketing.

Xpress reserves the right to charge you a higher fee or restrict access to the platform if you choose not to receive these services. It is your responsibility to exercise caution and discretion in all interactions with third-party providers, advertisers, or sponsors facilitated through the platform, and Xpress shall not be held liable for any consequences arising from such interactions.

XIX. Indemnification

By agreeing to these Terms and Conditions, you agree to defend, indemnify, and hold harmless Xpress, its licensors, and affiliated entities from any claims, costs, damages, losses, liabilities, and expenses arising from: (a) your use of the platform, interactions with service providers or third-party providers, partners, advertisers, and/or sponsors; (b) your violation of these Terms and Conditions or any applicable law or regulation; (c) your infringement of any rights of any third party, including service providers arranged via the platform; or (d) your use or misuse of the platform.

XX. Internet Delays

The Xpress platform, including the Application and Software, may experience limitations, delays, or other issues inherent in internet and electronic communications. This includes potential issues with your device or internet service provider. Xpress shall not be responsible for any delays, delivery failures, damages, or losses resulting from such issues.

XXI. Limitation of Liability

In no event shall Xpress or its licensors be liable to you or any party for any direct, indirect, punitive, economic, special, exemplary, incidental, or consequential damages or losses of any kind arising from your use of the platform, including interactions with service providers, advertisers, or sponsors. Xpress does not assess or monitor the suitability, legality, ability, movement, or location of any third-party providers, and you expressly release Xpress from any liability arising from such interactions.

XXII. Disclaimer of Warranties

Xpress makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the platform. Xpress does not warrant that the platform will be secure, timely, uninterrupted, or error-free, or that it will meet your requirements. Your use of the platform and any third-party services obtained through it is at your sole risk.

XXIII. Notice

Xpress may provide notice via the Application, email, or written communication sent by registered mail or post. You may provide notice to Xpress by courier or registered mail.

XXIV. Assignment

You may not assign these Terms and Conditions without Xpress's prior written approval, but Xpress may assign them without your consent. Any purported assignment by you in violation of this section shall be void.

XXV. Governing Laws

These Terms and Conditions shall be governed by Filipino law, and any disputes shall be subject to the exclusive jurisdiction of the courts of the Philippines.

XXVI. Dispute Resolution

If disputes arise that cannot be resolved in Filipino courts, they shall be referred to arbitration in accordance with the rules of the Philippines Dispute Resolution Centre, Inc.

XXVII. No Relationship with Company

No joint venture, partnership, employment, or agency relationship exists between you and Xpress. These Terms and Conditions constitute the entire agreement between you and Xpress and supersede all prior negotiations or discussions. Xpress reserves the right to terminate this Agreement immediately in the event of your breach, without compensation or reimbursement.