TERMS OF USE

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.

MyTODA Policies include MyTODA Privacy Policy, Code of Conduct of MyTODA Partners and Passengers, and the Terms of Use of the Site, as well as other forms, policies, notices, guidelines, agreement and other related documents thatyou entered with MyTODA

IMPORTANT – Please read these terms and conditions carefully. By using this Site, you agree that you have read, understood, accepted and agreed with the Terms of Use of this Site. These Terms of Use and MyTODA Policies constitute a legally binding agreement (“Agreement”) between you and MyTODA. The Agreement applies to your use of the Service provided by MyTODA. You also agree to the representations that you made below. If you do not agree to or fall within the Terms of Use of this Site, and you wish to discontinue using this Site, please do not continue using the Site or any of our service.

By registering in MyTODA, you hereby agree that you will abide the terms and conditions of the use of this Site. You expressly acknowledge that you voluntarilyregistered in this Site, without force or compulsion from anyone, and it is not a result of a spam message and/or other similar advertising. You registered and used the Site without any advertising from MyTODA or type of advertising. You read and understood the contents of this terms and conditions of the use of this Site. You understand that this is subject to amendment by MyTODA without notice to you, and you undertake to be aware of any amendment or modificationhereto. MyTODA reserves the right to modify the Terms of Use periodically, for any reason, and without notice. The most current version of these Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of the Site. Please review the Terms of Use often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on the Site. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the Services.

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 MyTODA Passenger, you further represent, warrant/undertake thatyou will comply with this Terms of Use and other MyTODA Policies or guidelines; Your use of the Site and MyTODA Services is for your own personal use or, for the use of another person who is at least thirteen (13) years old, in which case you shall assume primary responsibility over him/her; You shall not use the Site to make fake bookings, to cancel bookings without valid cause, or to cause nuisance and inconvenience; You agree to indicate the accurate number of passenger/s or the package or goods to be delivered or to be bought, whichever is applicable, when requesting for MyTODA Services. You agree that if the information on the number of passengers or details of goods is not true or not accurate, the concerned MyTODA Partner is entitled to cancel your booking. In which case, you agree to be charged a Cancellation Fee; You agree that you will only provide accurate, current and complete information as may be required by MyTODA Site to use its Services, and you will take responsibility to maintain and update your information in a timely manner, to keep it updated, accurate and complete at all times. MyTODA reserves its rights to terminate this Agreement if it finds that your information provided are inaccurate, incomplete and not updated; You agree not to contact MyTODA Partner for purposes other than the MyTODA Service; You agree that you will not cause or attempt to cause any harm or damages, intentionally or unintentionally, to MyTODA Partner or his/her MyTODA vehicle; You agree that you do not have more than one (1) registered account in MyTODA Site; You agree that you may be charged with applicable telecommunication charges in making calls or sending text messages outside MyTODA site; You agree to assist MyTODA with any internal or external investigations, in relation to the Service that you received or violations of this Agreement; You will only use MyTODA Site or Services for legal purposes and shall not use the Site or Services for any actions that may cause damages, vexation or criminal acts against MyTODA Partners, MyTODA agents, personnel, and third parties. You agree that MyTODA may use whatever information that it may receive from you for lawful purposes or court proceeding purposes, subject to Privacy Laws.

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

MyTODA’s Rights

MyTODA has the right to limit, suspend, discontinue or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms of Use as MyTODA considers appropriate or necessary in its sole discretion, including but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of Use and/or MyTODA Policies, or (3) the protection of intellectual property. MyTODA, at its own discretion, terminate yourregistered account if it has not been used for a period of twelve (12) months from the date of your last transaction.

In using the Site, MyTODA grants you revocable, non-exclusive, non-transferablelimited license to use and access the Site subject to the terms and conditions of this Terms of Use and MyTODA Policies. All rights are reserved by MyTODA.

Please refer to MyTODA Privacy Policy, for additional information regarding use of your MyTODA Information. MyTODA is not responsible for maintaining data arising from use of the MyTODA Services.

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.