Terms and Conditions

GENERAL TERMS

These Terms and Conditions govern your use of Toktok (the “Application”). By using this application, these terms will automatically apply to you and therefore you are responsible to read the terms carefully before using the Service. Do not use the Service if you disagree with any of the terms or policies. Please read these Terms and Conditions carefully before using the platform so that you are aware of your rights and obligations.

By registering an account you agree to be bound by these Terms. These Terms govern your use and access of the application. These Terms apply to all visitors, users and others who 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 posting. Continuous access or use of this feature after any modifications have been made, signifies your consent to the changes.

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. 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 these Terms. 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 correct and true.

DEFINITIONS

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;

“Driver” means the Third-Party Service provider registered under toktok;

“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;

“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 passenger transportation;

“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

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 OR 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 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: (a) 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; (b) attempting to gain access to the Application without permission or any related software, systems, or networks thereto; (c) engaging in any conduct that besmirches or has the chance to besmirch the reputation or recognition of Cloud Panda; (d) circumventing the system of the Application and the network on which the Service operates; and (e) 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, de-compile 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.

PAYMENT

For the use of the Service, you agree that you will be charged an amount depending on the service, distance, surge, or availability of Drivers. The amount can be viewed in the Application. You agree to correctly declare the number of passengers in a booking. 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 and you will be penalized with a cancellation fee as a user charge.

Payment can be made through cash, credit card, or online wallets.

LIABLITY TO PASSENGERS

When a sudden, external and identifiable event that happens by chance and could not have been expected from the perspective of either the driver or the passenger, Cloud Panda shall be liable for any death, injury, damage, or loss 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 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.

RIDE CANCELLATION

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 a trip has started, 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 cancelled and you shall be charged with the full amount of your original booking.

WAIVER

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.

AMENDMENTS

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

TERMINATION

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 OR 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

1. your access to or use of or inability to access or use the Service;
2. any conduct or content of any third party on the Service;
3. any conduct or content of any third party on the Service;
4. 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.

SEVERABILITY

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.

GOVERNING LAW

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.

CONTACT US

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].