This is MyTODA's terms and conditions for the use of MyTODA website and mobile application including its related site, either by third-party applications software or hardware (the “Site”). MyTODA is owned by GM Technologies Solutions, Inc. and MyTODA services include the tricycle ride-hailing application and other services it may provide in the future (“MyTODA”). You will be required to confirm your agreement to these terms and conditions by clicking “Accept”. Otherwise, you will not be permitted to proceed to your registration, in which case, do not proceed and exit from the website.
MyTODA is a technology company that provides a platform to connect the services of third-party tricycle partners to users or passengers within the applicable geography. MyTODA is not responsible for the acts and/or omissions of any third-party tricycle service provider, and any liability emerging from the act or omission shall be borne by the concerned third-party tricycle provider. Thethird-party tricycle provider understands and is aware that s/he is not an agent, employee or staff of MyTODA.
As part of the signing up process, you are required to provide us certain personal information. Additionally, it is your responsibility to update MyTODA as soon as possible with changes to your personal information so that all records are current, complete and accurate.
In using the Site, you undertake, warrant, and represent that you have legal capacity to enter into the Agreement and that you are at least eighteen (18) years of age. You understand that you cannot enter into the Agreement if you are below eighteen (18) years old; All the information that you provide are true and accurate, and you agree to provide MyTODA with your proof of identity, including government ID, permits, licenses or other documents that MyTODA may reasonably request or require; You will keep secure and confidential your account password and any identification that MyTODA may provide you; You will only use the Site and MyTODA services for their lawful and legal purposes, and will not use the Site for sending or storing any unlawful material or for fraudulent purposes; You will inform MyTODA immediately should there be any unauthorized use of your account or any violation in the security of information; You are not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works
You agree to respect the copyright, service mark, trademark or other intellectualproperty of MyTODA, the Site, including all other proprietary rights as to the compilation, content, design, organization, process and similar information, and you will not use, copy, reproduce, distribute or publish the same, for whatever reason, without written consent from MyTODA; You agree that you will not authorize others to use your identity or status, and you will not assign or transfer your user account to any other entity or person; You will not use the Siteto cause damages, nuisance, and similar disrespectful behavior towards MyTODA, its agents, representatives, Partners, Passengers, suppliers and any other third parties; You agree to assist MyTODA with any investigation as may berequired by MyTODA in compliance with MyTODA Policies, and prevailing laws, rules and regulations; You agree to assume full responsibility and liability for all loss or damage that you may suffer, or that may be suffered by MyTODA, or any other party as a result of your breach of this Agreement; You agree that you will hold harmless the MyTODA owners/stockholders, directors, officers, employees, and similar agents from all claims or damages whether actual or indirect, incidental, consequential, special, or exemplary damages, arising out of or related to your access or use of, or your inability to access or use, this Site or the information contained in this Site to which it is linked.
You will not attempt to undermine the security or integrity of computing systemsor networks of MyTODA its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect data about any other individual who uses the Service. You maynot post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile,disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti- spyware software running that is set to override the Internet browser's cookie setting.
When using MyTODA Site and Services, you agree to comply with all laws that are applicable to you and/or the use of your Service.
For MyTODA Partners, you also undertake, warrant and represent that you have a valid driver’s license and valid franchise from your concerned local government unit, and are authorized to operate your tricycle, and that you have all the appropriate vehicle licenses, approvals, OR CR, and authority to provide transportation or delivery services to third parties within the jurisdiction in whichyou use the Site and its services. You own or have the legal right and authority to operate your MyTODA-registered tricycle (“MyTODA Tricycle”) which you intend to use when accepting MyTODA Passengers, and such MyTODA Tricycle is in good operating condition and meets the industry safety standards for Tricycles in the Philippines; You will ensure that your vehicle is sanitized and disinfected, and maintain effective proper sanitary protection against coronavirus infection. You will wear personal protective equipment during quarantine, and whenever necessary; You have valid policy of liability insurance (passenger insurance in industry-standard coverage amounts) for the operation of your vehicle;
You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage, loss and damage to goods being conveyed or delivered or delays in the rendition of delivery services, or unless otherwise provided, which is due to or is alleged to be a result of the transportation/delivery service provided by you; You shall obey all local laws related to the operation of tricycle and will be solely responsible for any violations of such local laws; You shall not contact MyTODA Passengers for purposes other than in connection with your service; You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor of the Site, or any other customer of MyTODA, including other accounts not owned by you, or any related sources thereto; You are aware that when you respond to MyTODA Passengers, standard telecommunication charges may apply which shall be for your account; You are forbidden to use the Site for other purposes such as but not limited to data mining of MyTODA’s information or information related to the Site. Any breach thereof constitutes grave offense punishable by law, and subject to whatever legal remedies available to MyTODA and/or affected third party, including filing of criminal and civil cases; You agree that you will not undertake any actions or conduct that could possibly damage the reputation of MyTODA or your registered TODA, including actions or conduct thatwould amount to being disreputable.
If you are a TODA organization, you undertake, warrant and represent that you are a legitimate Tricycle Operators and Drivers Association, duly registered with the Securities and Exchange Commission (SEC), or Department of Labor and Employment (DOLE), or Cooperative Development Authority (CDA), whichever is applicable, and the local government unit (LGU) having jurisdiction over your place of business (Registration Documents); the TODA you registered possess valid registration documents during the term of this Agreement; You shall ensure that all your TODA members who are MyTODA Partners have valid franchises and registration compliant at all times and/or during the term of this Agreement; You shall ensure that the authorized representative of your TODA organization is your duly authorized representative, and that your authorized representative that all his/her acts
By subscribing to MyTODA's Services you are agreeing to opt-in to the receipt of electronic mails from MyTODA which may newsletters, advertisements, invoices,and other similar information. If the information contained in the electronic mailsno longer benefits you, you may opt-out at any time by contacting clicking unsubscribe at the bottom of the email.