TERMS AND CONDITIONS
By using SHIPMATES (the “Platform”), the SHIPPER (the “Customer”) agrees to the following Terms and Conditions and Customer Privacy Policy set forth by Shipmates Technologies, Inc. (the “Corporation”)”:
- Initial Terms and Conditions. These terms and conditions, as may be unilaterally amended from time to time by the Corporation, apply to all of the Corporation’s direct services made available online or in person. By accessing, browsing, and using the Company’s website and/or by downloading the Platform, the Customer acknowledges to have read, understood, and agreed to the terms and conditions set out below and any amendments thereto.
This website, including all mobile apps appurtenant thereto such as the Platform, are owned, operated, and provided by the Corporation. This website, including all mobile apps appurtenant thereto such as the Platform, are provided for your personal use only, subject to the terms and conditions set out below.
- Limitations on Service and Liability. Customer understands that the Corporation merely operates and makes the Platform available to the Customer. As such, all other services, including services relating to payment, packaging, delivery, returns, claims, and handover of the package, are not covered by the services of the Corporation. Moreover, by accessing, browsing, and using the Company’s website and/or by downloading the Platform, the Customer acknowledges to have read, understood and agreed to the terms and conditions of our third-party partners.
Accordingly, outside the service described in this Par. 2, in no event will the Corporation be liable to the Customer for any punitive, indirect, special, incidental, or consequential damages or any other action arising from or related to the herein Terms and Conditions, whether based in contract, tort, or otherwise, including, but not limited to damages relating to loss of profits, income or goodwill, regardless of whether there has been advise of the possibility of such damages. Should there be any cause of action arising from law or contract against the Corporation by reason of or arising from its services to the Customer, the Customer acknowledges that he waives any such action, present or future, upon availing of the services of the Corporation.
- Relationship with Couriers. Customer understands that the Corporation has entered into separate Agreements with Couriers (the “Couriers”) which perform the necessary deliveries and all ancillary services related thereto. The Corporation warrants only the general availability of the Courier, but in no way does the Corporation guarantee any of the following non-exclusive items:
- Proper packaging and/or wrapping
- Proper delivery to the final place of destination
- Proper handover to the Customer
- Proper conduct by the delivery rider
- Returns and claims
- Service level agreement
- Pricing
- Other items not within the services provided by the Corporation.
- Courier’s Terms and Conditions. In relation to Pars. 2-3, Customer understands that the Courier has its own Terms and Conditions. Accordingly, in freely choosing the Courier to perform the delivery and all ancillary services related thereto, the Customer agrees that it is likewise bound by the Terms and Conditions of the Courier. In using this Platform, Customer understands that the relationship of the Corporation and the Courier is governed by its own separate agreement, and not by the Courier’s Terms and Conditions.
- Data Privacy. The Corporation values the privacy of the Customer. Accordingly, the following shall govern the rights of the Parties in relation to data privacy:
For purposes of data privacy, the following will have the following meaning:
- ‘Personal Information’ means information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual;
- ‘Processing’ means any operation or any set of operations performed upon any personal data including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of data;
- ‘Data Processor’ means the Corporation;
- ‘Data Protection Requirements’ means (1) Data Privacy Act of 2012, its implementing rules and regulations, issuances, circulars and/or; (2) all other applicable foreign or domestic laws, rules, regulations directives and governmental requirements in relation to the privacy, security and protection of Personal Information.
Representations and Warranties:
- Data Processor warrants and represents that it is compliant with the Data Protection Requirements to the extent applicable to its provision of the services and Processing of Personal Information under this Agreement.
- Data Processor warrants and represents that it has appropriate technical and organizational measures adopted and maintained to protect Personal Information against any Data Privacy Breach.
- Except to the extent prohibited by applicable legal, regulatory or law enforcement requirements, Data Processor shall inform all parties concerned in writing and in sufficient detail of any actual, anticipated or potential loss or disclosure of Personal Information (“Data Privacy Breach”) or any unauthorized or unlawful Processing of any Personal Information (“Data Protection Incident”) (including any corrective action taken) within the period required by law.
For purposes of this provision, “discovery” shall mean the first day the Data Protection Incident is known, or should reasonably have been known, to have occurred by any employee, officer or agent of Data Processor.
- Except to the extent prohibited by applicable legal, regulatory or law enforcement requirements, Data Processor must obtain the written approval of the necessary parties prior to the publication or communication of any filings, communications, notices or press releases related to any Data Protection Incident that expressly mention the necessary parties.
PCI-DSS Compliance
If in the performance of its obligations under this Agreement, the Data Processor has access to or will collect, access, use, store, process, dispose of or disclose credit, debit or other payment cardholder information, the Data Processor shall at all times remain in compliance with the Payment Card Industry Data Security Standard (“PCI DSS”) requirements, including remaining aware at all times of changes to the PCI DSS and promptly implementing all procedures and practices as may be necessary to remain in compliance with PCI DSS, in each case at Data Processor’s sole cost and expense.
- Customers’ Personal Data. By accessing, browsing and using this website/Platform, the Customer agrees to the collection, storage, use, processing and analysis of his personal and/or sensitive personal information such as but is not limited to name, age, address, contact information, record of transactions, device information, location and log information until the completion of the transaction with the Corporation. However, the Corporation does not use client-side cookies to access and store your personal information.
By accessing, browsing and using this website/Platform, the Customer agrees to the disclosure of his personal data to the Corporation’s controller and/or processor for purposes mentioned in this Terms and Conditions.
By accessing, browsing and using this website/Platform, the Customer consents to the retention of his personal data for three (3) years from the time the last transaction has been completed, unless requested to be deleted by the Customer upon notice, or deleted by the Corporation for violation of this Terms and Conditions. Retention period longer than three years may be required depending on reasonable circumstances.
The Customer shall enjoy the rights of a data subject provided under Republic Act No. 10173 or the Data Privacy Act of 2012. If the Customer has any concerns, he may contact the Corporation’s Data Privacy Officer at david@shipmates.app.
- Customer Warranties. The Customer warrants the following non-exclusive items:
- The Customer is at least 18 years old and has the necessary legal capacity to accept these Terms and Conditions in his own capacity or authorized to transact on behalf of another.
- Accuracy of the Information – Customer must provide accurate information on the Platform and shall regularly update his personal information. Customer understands that any inaccuracy may affect the delivery for which the Corporation shall not be made liable.
- Providing Waybills - Customer understands that the Courier requires that waybills be printed and stuck on the necessary packages to be delivered. Customer warrants to perform these duties. Customer understands that failure to do so may affect the delivery for which the Corporation shall not be made liable, unless Parties agree otherwise.
- Return to Sender (“RTS”) – RTS happens when a failed delivery is shipped back by the Courier to the Customer. Customer warrants that it agrees to be charged based on the Courier’s return fees policy and one (1) Shipmates fee for every RTS order.
- Customer may not reproduce, modify, transfer, sell, translate, impair, disable, interfere, publish, or communicate any portion of this website/Platform and/or its contents for any commercial use, unless there is a written consent of the Corporation. Customer may not decompile, reverse engineer or otherwise attempt to decompile or reverse engineer any contents available on this website/Platform, unless there is a written consent from the Corporation.
- Customer agrees not to use this website/Platform for any unlawful purpose or in any manner that will impair the use, operation or availability of this website/Platform or the reputation and good will of the Corporation.
- Customer agrees not to submit any false, misleading, obscene, pornographic, defamatory, threatening, abusive, improper, illegal, an infringement of any intellectual property or any violation of third-party rights, or would otherwise encourage the violation of any law or third-party rights.
- Customer agrees that the Corporation does not authorize the Customer to use any intellectual property of the Corporation, if any, nor does it authorize the Customer to access the accompanying technology or goodwill and all other benefits attached to the said intellectual property.
- Customer agrees that the Corporation does not warrant that the functions contained in the website/Platform shall be uninterrupted or error-free.
- Remittances. Remittances take up to five (5) to seven (7) business days after the Courier has remitted the money to the Corporation. The Customer agrees and authorizes the Corporation to deduct all courier and Shipmates fees before remittance, inclusive of Value-Added Tax.
- Prices. Through the Platform, the Corporation guarantees best available prices to the Customer at that given moment. Prices displayed are inclusive of all rates and charges, unless otherwise stated and/or displayed. However, this is without prejudice to sudden change in prices owing to supply and demand at the moment when the delivery is requested.
Prices, which may be unilaterally changed by the Corporation at any time, are as follows:
- Express/On-Demand Service – Courier Fee + PhP 10.00 service fee
- Minimum of 1 shipment to a maximum of 499 shipments per month
- Express/On-Demand Service – Courier Fee + PhP 7.50 service fee
- Minimum of 500 shipments to a maximum of 999 shipments per month
- Express/On-Demand Service – Courier Fee + PhP 5.00 service fee
- Minimum of 1000 shipments per month
- Standard Shipment – Courier Fees + PhP 20.00 for every transaction
- Minimum of 1 shipment to a maximum of 499 shipments per month
- Standard Shipment – Courier Fees + PhP 15.00 for every transaction
- Minimum of 500 shipments to a maximum of 999 shipments per month
- Standard Shipment – Courier Fees + PhP 10.00 for every transaction
- Minimum of 1000 shipments per month
The Courier Fees mentioned in this Section are subject to changes depending on the Corporation’s Partner Couriers’ rates. By availing our services, the Customer consents to be charged with these rates, and agrees to our Partner Couriers’ Terms and Conditions, which are available on their websites. For the updated courier rates, the Customer is advised to regularly check our Courier Rate Cards in the Courier Page in the Shipmates Dashboard. The Shipmates Fee charged by the Corporate is inclusive of Value-Added Tax.
- Payment. Subject to the provisions of Paragraph 2 of this Terms and Conditions, the Customer may pay their transactions in the Platform using Paymongo. Customer understands that such payment gateway has its own terms and conditions. Accordingly, the Customer agrees that it is likewise bound by the Terms and Conditions of Paymongo. By using the payment gateway, the Customer understands and agrees that his Personal Information will be shared by the Corporation to the payment gateway.
By using the Platform, the Customer agrees to provide complete and accurate account information for all his transactions through the Platform. Further, the Customer agrees to promptly update all the relevant information for the completion of the transaction.
- Communications. In using the Platform, the Customer consents to, among others:
- Be sent email notifications and/or advertisements coming directly from the Corporation;
- Be sent SMS notifications on Customer’s mobile phone/s, tablet/s, or any other device where the Platform may have been used;
- In using the Platform, Customer understands that there may be advertisements present from other corporations, which the Corporation cannot fully control; or
- Other similar communications
The Corporation does not guarantee the accuracy of the communications sent, and shall always be subject to the necessary terms and conditions as may be provided.
- Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any and all actions arising under this Agreement shall be brought exclusively before the competent courts of Mandaluyong City, to the exclusion of all other courts.
- About the Platform. Shipmates is a courier aggregator that provides customers with a list of couriers they can book with automatically. Customers have the option to bulk upload orders or integrate with the platform. Shipmates charge respective rates, in relation to Par. 9, for Express/On-Demand Service or Standard Shipment Service.