Terms and Conditions
These Terms and Conditions govern your use of toktok (the “Application”), a software application
developed by Cloud Panda Ph, Inc. By using the said application, these terms will be applied to
you automatically. Do not use the Service if you disagree with any of the terms or policies.
Please read the Terms and Conditions conscientiously before proceeding on using the platform
so that you are aware of your rights and obligations.
By registering an account, you, therefore, agree to be bound by these Terms and Conditions. These Terms mandate your use and access to the application. These Terms apply to all visitors, users, and others who will access or use the application.
Cloud Panda Ph. Inc. (Cloud Panda), reserves the right to modify these Terms and Conditions without prior notice. Any changes hereto will be effective immediately upon notice. Continuous access or use of this feature after any modifications have been made, signifies your consent to the changes and therefore agreeing with it. You agree that you will have no claim against Cloud Panda for any statement which is not explicitly set out in these Terms. In the event that any of the provisions of these Terms are deemed invalid or invalidated subsequently by any rules or regulations, the remaining provisions will not be affected, and the validity or enforceability of any other provision (or the remaining parts of that provision) will remain intact. If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of the Terms provided. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. The user certifies that all information provided in the Application is valid, correct, and true.
In these Terms and Conditions, the following words shall have the meanings ascribed below:
"Application" means the relevant mobile application(s) made available for download by Cloud Panda to existing and prospective users;
"Rider/Driver" means the Third-Party Service provider registered under toktok;
"Personal Data" is any information that 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, image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
“Services” means the linking of Consumers to Drivers, or Other Consumers to utilize the Services which includes transportation and delivery;
“Software” means any software associated with the Application, Service and/or other Consumers which is made available by Cloud Panda;
“toktok” means the toktok Application, used for customer delivery;
“User” means any end-user who accesses or uses the Application to search and use the Services;
“User Charges or Fees” means fees incurred by users for the Services obtained through the use of the Application, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service
ACCOUNT AND DATA PRIVACY
Use of the Software Application will require registration of the user’s personal information. The user shall provide a unique username and password. Cloud Panda has the right to deny registration for the use of offensive, inappropriate and racist usernames.
You are required to safeguard your username and password. Cloud Panda shall not be liable for any damages arising from the use and access of your account. As a condition for use of the Application, the user consents, agrees and permits Cloud Panda, including its subsidiaries, affiliates, lawyers, consultants and authorized subcontractors to process or disclose personal data, including data that may be classified as personal information and/or sensitive personal information under the Data Privacy Act of 2012 to Cloud Panda’s employees, agents, affiliates, lawyers, subsidiaries, and third party in order to conduct activities, such as, but not limited to:
- Processing and conducting analysis for research purposes
- Conduct of statistical analysis based on the user’s usage and preference
- For future promos and advertisements
- Other than as described in these Terms and Conditions, we will not give any information about you to others without your express permission.
The Application uses forms in which you give us contact information (including your name, address, telephone number, and email address) so you can use the Application, request information and support, as well as make suggestions. For certain services, we may also request a government identification number or other financial information.
Cloud Panda shall maintain and keep the user’s information with due diligence and strict confidence.
In the course of accessing and using the Application, the following data may be collected:
- Personal data, such as your name, gender, age, legal status, citizenship and birthday;
- Contact data, such as billing address, shipping address, email address, and phone numbers;
- Payment data, such as debit card details, bank details, online wallet details, and credit card details;
- Transaction data, such as bookings;
- Internet protocol (IP) address, operating system and platform, international mobile equipment identity, device identifier, IMEI, MAC address, cookies (where applicable) and other information and technology on the devices you use to access toktokcab;
- Time and location data;
- Your preferences based on your recent transactions.
USE OF THE INFORMATION
Cloud Panda may use the information you provided for one or more of the following purposes:
- Processing of your account;
- Managing and control of your use and access to the application;
- Updating of your profile, preferences, and setting;
- For identification and communication purposes;
- Processing, update, and recording of your past and present orders;
- To verify your identity and for background checks;
- To store and back up your personal data
- Any other purposes which we notify you of at the time of obtaining your consent;
WITHDRAWAL OF CONSENT (TO THE USE AND PROCESSING OF PERSONAL DATA)
You may withdraw your consent for the collection, processing, storing, use and/or disclosure of your personal data by contacting us or by sending a message or email through our help channels.
UPDATE/CORRECTION OF DATA
You may request to update or the correction of your entries in your personal data currently in our control and possession by submitting a written request through our help channels. You may also request the correction or deletion of any entry in your personal data for the reason that it is wrong or erroneous. In order to facilitate your request, it may be necessary for us to request further information relating to your request. Cloud Panda reserves the right to refuse the correction of personal data in accordance with the provisions as set out in our local laws.
OBLIGATION OF THE USER
The user shall refrain from:
- dispatching and transmitting materials containing malware, viruses, worms, Trojan horses or other harmful computer code, files, programs, or any other medium which shall disrupt, corrupt and interfere with the Application;
- Attempting to gain access to the Application without permission or any related software, systems or networks thereto;
- Engaging in any conduct that besmirches or has the change to besmirch the reputation or recognition of Cloud Panda;
- Circumventing the system of the Application and the network on which the Service operates;
- Using any unauthorized, legal or illegal manual or automated programs or scripts, 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 or which may cause denial of service to the servers. You also warrant that you shall not disassemble, decompile or otherwise reverse engineer the Application or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Application; You will not attempt to exploit, for profit or not, any part of the Application without the express permission of Cloud Panda. You are prohibited from producing or developing derivative works based on the Application, its content or any part thereof in any way, or copy, reproduce, and disseminate.
For the use of the Service, you agree that you will be charged an amount depending on the service, distance, and availability of Rider. The amount can be viewed in the Application. You also acknowledge and agree that if the information provided in the preceding sentence is untrue, incorrect, or inaccurate, the Driver is entitled to cancel your booking. Payment can be made through cash or toktokwallet.
LIABILITY TO FOOD ITEMS
When a sudden, external and identifiable event happens by chance and could not have been expected from the perspective of the Rider, the toktok Rider shall be liable for any damage, or loss that occurred. Cloud Panda shall cover the entire trip, from when the driver confirms the booking and the passenger boards the vehicle up to when they reach the drop-off point. This covers the nationwide operations of the company.
The company, Cloud Panda, wants to protect its drivers and passengers against the financial impact of injuries and/or deaths resulting from an accident involving a registered driver. Registered vehicles, including those without PA or CPC yet, are automatically enrolled to the insurance program without having to pay a premium and deductible.
Cloud Panda shall follow the “no-fault policy” which means passengers can receive full accident insurance benefits regardless of who’s at fault during the road crash.
You may cancel your booking request at any time before a driver has accepted your request. Failure to show up or failure to arrive at the pick-up point within a reasonable period of time shall be a ground for ride cancellation. You will be charged a cancellation fee. Once the rider accepts the booking, you can no longer cancel the booking. In the event that you decide to alight before your drop-off point, the booking is not considered canceled and you shall be charged with the full amount of your original booking.
A waiver of any right under this Agreement or law is only effective if it is in writing and unless explicitly stated, shall not be deemed to be a waiver of any breach or default of this Agreement. No course of dealing, nor any failure to exercise, nor any delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, unless it is in writing signed by the Party granting the waiver.
COOKIES AND USAGE DATA
Usage Data. We may collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
TRACKING AND USAGE DATA
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
SECURITY OF DATA
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service- related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Wallet will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform.
DELAYS/INTERRUPTION OF SERVICE
The Application or service may be delayed or interrupted by reason of internet connectivity, maintenance, power interruption, or any other causes. Cloud Panda shall not be liable for any delays, failures, damages, or losses resulting from such.
LIMITATION OF LIABILITY
In no event shall Cloud Panda nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; and
- Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
LIMITATION OF LIABILITY FOR ITEMS SUBJECT TO DELIVERY
By using the delivery services provided by toktok, the customer/client acknowledges and agrees to the following limitation of liability provision:
- The customer/client understands and agrees that toktok has set a maximum allowable value of Php2,000.00 (two thousand pesos) for items to be delivered. It is the sole responsibility of the customer/client to ensure that no item to be delivered exceeds this specified value. If any loss, theft, or destruction of items occurs that violates the aforementioned value limit, the customer/client acknowledges that they will be solely responsible for such incidents, and toktok will not provide any support or liability in such cases.
- In the event of loss, theft, or destruction of the item subject to delivery, toktok will investigate the situation thoroughly. If, after due process, it is determined that the customer/client is not at fault, toktok will provide support to help the customer/client recover their lost item.
Following toktok's investigation, if the item is deemed unrecoverable, toktok may or may not offer financial assistance to the customer/client. In the event that toktok decides to provide financial aid, the maximum amount will be Php2,000.00, subject to management's discretion. It is important to note that the client/customer acknowledges that toktok is not obligated to compensate for any damages.
However, if toktok determines that the customer/client has been grossly negligent or acted as an accomplice leading to the loss, theft, or destruction of the item/s, toktok shall not be held liable. Additionally, toktok reserves the right to pursue all legal remedies available under the law to protect its interests.
- The Php2,000.00 (two thousand pesos) limit on items to be delivered shall be only until such time that insurance coverage is already available in the toktok app.
- The insurance applies only to parcels selected by customers during booking confirmation. The insurance option is automatically selected, and customers and/or senders are liable for the insurance.
- The insurance is available for both cash and toktokwallet payment methods.
- Insurance coverage starts once the delivery rider/driver picks up the parcel.
- All risks, including incidents, accidents, damaged, and lost parcels, are covered from pickup to delivery.
- Parcel insurance does not cover artwork/antiques/collectibles, cash/bullion, live plants/animals, precious jewelry/metals/stones, hazardous/chemical substances, and perishable/food items.
- Deductibles are not included in the policy limit.
The following insurance premiums and coverage limits apply:
Policy no. 1 (Php 5.00, tax included): Up to P10,000.00
Policy no. 2 (Php 8.50, tax included): Up to P35,000.00
Policy no. 3 (Php 11.00, tax included): Up to P50,000.00
Policy no. 4 (Php 18.00, tax included): Up to P80,000.00
- The declared value of the parcel depends on the chosen insurance. If the parcel's value exceeds the policy limit, the coverage will be limited to the policy limit chosen by the user. Proof of value through O.R., invoice, and other documents is required for damaged goods claims within two days. Closest premium and policy limit options are suggested to customers to avoid overpaying.
- Disputes must be reported immediately to toktok and/or the insurance partner. Users need to click the "File a Claim" button, fill out the Claim Form, and provide additional photos/documents for the claim. Customers must provide necessary information for claim processing. Claims take up to 15 days to process, and the insurance partner confirms the claim after toktok's investigation.
- Claims must be filed within 24 hours; late claims may be filed through customer service within an additional 24 hours with the booking reference number. Claims not reported within 24 hours require administrator filing.
- Approved claims will receive an email from toktok, including the e-receipt and claims reference number. Reimbursement and crediting of the amount take up to seven days.
- Approved claims are deposited into the user's toktokwallet account. Email and/or push notifications are provided for all claim status updates.
If any provision of this Agreement, or the application thereof to any Party hereto, is held illegal, null, void, unenforceable or otherwise invalid by any law, decree ordinance or judicial or administrative decision, such holding shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the Parties agree that the provisions of this Agreement are and shall be severable, provided that if such invalidation affects any other provision deemed essential by any Party to the satisfactory performance of this Agreement then, upon written notice being given by such Party to the other, the Parties shall promptly negotiate in good faith to the end that this Agreement may be amended in such manner as may be deemed necessary to make it fair and equitable to both Parties.
Any dispute or claim arising out of or in connection with the use of this Platform, shall be governed by, and construed in accordance with the laws of the Philippines.
Your queries, suggestions, and feedback are important to us. If you have any questions or concerns regarding our online platform and its use, you may reach us at [email protected]