Terms & Conditions

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1. Introduction

1.1 Acceptance of Terms

Please read these Terms of Service carefully. By accessing or using the EtiGo Platform and Services (as defined below), you confirm that you have read, understood, and agreed to be bound by these Terms of Service, together with all applicable EtiGo policies, guidelines, and notices (collectively, the “Agreement”).

This Agreement constitutes a legally binding contract between you and ET AsiaTech Corporation, doing business as EtiGo (“EtiGo,” “we,” “us,” or “our”).
If you do not agree to these Terms, you must not access or continue using the Platform or Services.

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1.2 Amendments to the Terms

EtiGo may update, revise, or amend this Agreement from time to time without prior notice. Any changes shall take effect once posted on the EtiGo website, mobile application, or other official channels, including but not limited to:
https://etigo.com.ph/terms-and-conditions/

It is your responsibility to review these Terms regularly. Your continued access to or use of the Platform or Services after any amendments constitutes your acceptance of the updated Terms, whether or not you have reviewed them.

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1.3 Nature of EtiGo’s Services

EtiGo is a technology and digital mobility platform that enables users to access, book, pay for, and manage transportation-related services and related offerings.

Depending on the service, goods or transportation services may be:

1. Provided directly by EtiGo; or

1. Provided by independent third-party partners, including but not limited to bus operators, terminal operators, advertisers, and service providers (“Partners”).

Where services are provided by Partners, EtiGo acts solely as a technology facilitator connecting users with such Partners. EtiGo does not operate transportation services unless explicitly stated, and is not responsible for the acts, omissions, operations, or services of any Partner.

Partners are independent contractors and are not agents, employees, or representatives of EtiGo. Any service provided by a Partner shall not be deemed a service provided by EtiGo, and Partners bear sole responsibility and liability for their respective services, in accordance with applicable laws and agreements.

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2. Definitions

For the purposes of these Terms of Service, unless the context otherwise requires, the following terms shall have the meanings set forth below:

2.1 “Account”

Refers to a registered user profile created on the EtiGo Platform that enables a User to access and use the Services.

2.2 “Agreement”

Refers collectively to these Terms of Service, the Privacy Policy, and any other policies, guidelines, notices, or supplemental agreements issued by EtiGo from time to time.

2.4 “Bus Operator” or “Operator”

Refers to any private or public transportation company, consortium, or entity that operates buses or transport services and has entered into an agreement with EtiGo to use the Platform.

2.5 “Convenience Fee”

Refers to any service or transaction fee charged to Users in connection with the use of the Platform, including digital ticketing, booking, or payment processing.

2.6 “Data”

Refers to all information collected, generated, processed, or stored through the Platform, including Personal Data, Operational Data, Transaction Data, and aggregated or anonymized data

2.7 “EtiGo,” “We,” “Us,” or “Our”

Refers to ET AsiaTech Corporation, including its affiliates, subsidiaries, officers, employees, and authorized representatives.

2.8 “Goods”

Refers to physical or digital items made available through the Platform, including but not limited to tickets or related transport products.

2.9 “Hardware”

Refers to any physical devices deployed or integrated by EtiGo, including but not limited to QR code scanners, GPS devices, thermal printers, vending kiosk machines, and smart bus stop equipment.

2.10 “IoT Systems”

Refers to internet-connected devices and infrastructure integrated with the Platform for real-time data collection, monitoring, and automation, including GPS, scanners, and sensors.

2.11 “Partner”

Refers to any third-party entity or individual that provides goods or services through or in connection with the Platform, including bus operators, terminal operators, advertisers, payment providers, and technology vendors.

2.12 “Personal Data”

Has the meaning assigned under the Philippine Data Privacy Act of 2012 (Republic Act No. 10173), and refers to any information that identifies or can reasonably identify an individual.

2.13 “Platform”

Refers collectively to the EtiGo mobile applications, websites, dashboards, APIs, hardware integrations, and related systems used to deliver the Services.

2.14 “Services”

Refers to all services provided by EtiGo through the Platform, including but not limited to digital ticketing, booking, validation, analytics, advertising, data reporting, and system integrations.

2.15 “Ticket”

Refers to a digital or physical authorization to access a transport service, whether issued via digital or printed QR code, and other approved methods.

2.16 “Transaction”

Refers to any booking, ticket purchase, validation, payment, refund, or other financial or service-related activity conducted through the Platform.

2.17 “User” or “You”

Refers to any individual or entity who accesses or uses the Platform or Services, including passengers, Operators, Partners, and authorized representatives.

2.18 “User Content”

Refers to any data, feedback, communications, or materials submitted by Users through the Platform.

2.19 “Applicable Laws”

Refers to all laws, rules, regulations, and governmental issuances applicable in the Republic of the Philippines, including but not limited to transport, consumer protection, and data privacy laws.

2.20 “Force Majeure Event”

Refers to any event beyond the reasonable control of a party, including natural disasters, government actions, strikes, system outages, or public emergencies.

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3.Representations, Warranties, and Undertakings

3.1 User Representations and Obligations

By accessing or using the EtiGo Platform and/or Services, you represent, warrant, and undertake that:

3.1.1 Legal Capacity
You are legally capable of entering into this Agreement and are at least eighteen (18) years old. Use of the Platform by persons below this age is strictly prohibited.

3.1.2 Accuracy of Information
All information you provide to EtiGo is true, accurate, complete, current, and not misleading, and you agree to promptly update such information as necessary. EtiGo may rely on the accuracy of your information and reserves the right to suspend or terminate your Account if any information is found to be false, inaccurate, or incomplete.

3.1.3 Verification and Compliance
You agree to provide, upon request, any identification documents, licenses, permits, approvals, or other information reasonably required by EtiGo for verification, regulatory compliance, fraud prevention, or lawful operation of the Services.

3.1.4 Authorized Access
You shall only use Accounts, devices, and access points that are authorized and registered under your control and approved by EtiGo.

3.1.5 Discount Account Limits
Unless expressly permitted by EtiGo, no more than three (3) Accounts may be registered or accessed using a single device.

3.1.6 Account Security
You are solely responsible for maintaining the confidentiality and security of your Account credentials and for all activities conducted through your Account.

3.1.7 Non-Transferability
Your Account is personal and non-transferable. You may not assign, share, sell, or allow others to use your Account or assume your identity.

3.1.8 Unauthorized Use
You agree to immediately notify EtiGo of any unauthorized access, use, or security breach involving your Account or the Platform.

3.1.9 Lawful Use
You shall comply with all applicable laws, rules, and regulations in connection with your use of the Platform and Services.

3.1.10 Intended Purpose Only
You shall use the Platform and Services solely for their intended, lawful, and authorized purposes.

3.1.11 Prohibited Activities
You shall not engage in any activity that disrupts, damages, interferes with, or compromises the Platform, including but not limited to:

a. transmitting spam, fraudulent, defamatory, obscene, or unlawful content;
b. uploading malware, viruses, or harmful code;
c. interfering with system integrity, security, or performance;
d. attempting unauthorized access to any system, network, or data;
e. impersonating any person or misrepresenting affiliation;
f. engaging in conduct that may damage EtiGo’s reputation or goodwill;
g. bypassing security measures or operational safeguards;
h. conducting data mining, scraping, or harvesting activities;
i. using automated tools, bots, or scripts that burden or exploit the Platform;
j. disassembling, decompiling, reverse engineering, decrypting, or attempting to extract source code or software from the Platform or related systems.

3.1.12 Device and Application Integrity
You shall not use modified devices, unauthorized software, or altered applications to evade detection, manipulate the Platform, commit fraud, or disrupt normal operations.

3.1.13 Prohibited Content and Conduct
You shall not use the Platform to store, transmit, or facilitate unlawful, fraudulent, abusive, disrespectful, or nuisance behavior toward EtiGo or any third party.

3.1.14 Reasonable Effort Basis
You acknowledge and agree that the Services are provided on a commercially reasonable and best-effort basis, subject to system availability and operational limitations.

3.1.15 Policies Applicability
Your use of the Platform and Services is subject to EtiGo’s policies, guidelines, and rules, as amended from time to time.

3.1.16 Investigations and Cooperation
You agree to cooperate with EtiGo in any internal or external investigations required to comply with applicable laws, regulations, or lawful requests from authorities.

3.1.17 Contact Data Authorization
You may provide phone numbers and contact details from your mobile device, and you confirm that you are authorized to share such information, which may be used to enhance the Platform or Services as disclosed at the time of collection.

3.1.18 Telecommunications Charges
You acknowledge that standard telecommunications charges may apply when using the Services, including SMS-based features.

3.1.19 Dormant Accounts
EtiGo may, at its sole discretion, classify an Account as inactive or dormant if no transaction occurs for six (6) consecutive months, and may restrict, suspend, or deactivate such Account.

3.1.20 Responsibility and Liability
You agree to assume full responsibility and liability for any loss, damage, or harm suffered by yourself, EtiGo, or any third party arising from your breach of this Agreement or misuse of the Platform or Services.

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3.2 Representations and Obligations of Partners

If you register, access, or use the Platform as a Partner (including but not limited to bus operators, terminal operators, or service providers), you further represent, warrant, and undertake that:

3.2.1 Regulatory Compliance
You hold and shall maintain at all times all licenses, permits, approvals, consents, authorizations, registrations, and mandatory insurance policies required under applicable laws and regulations for the lawful provision of your services or solutions through the Platform.

3.2.2 Ownership and Right to Operate
Where applicable, you lawfully own, lease, or are otherwise duly authorized to operate any vehicles, equipment, facilities, premises, systems, or assets used in connection with the Solutions you provide, and all such assets comply with applicable safety and regulatory standards.

3.2.3 Insurance Coverage
You maintain valid and adequate liability insurance coverage, consistent with industry standards, to cover risks arising from your operations, including but not limited to passenger injury, property damage, operational losses, and third-party claims.

3.2.4 Sole Liability
You acknowledge and agree that you shall be solely responsible and liable for any claims, damages, losses, penalties, costs, or liabilities arising out of or related to your Solutions, including but not limited to accidents, injuries, death, loss of property, service disruptions, or regulatory violations.

3.2.5 Legal and Regulatory Adherence
You shall strictly comply with all national and local laws, rules, and regulations applicable to your business and operations. Any breach or violation shall be your sole responsibility.

3.2.6 Restricted Consumer Contact
You shall only communicate with Consumers strictly for purposes directly related to the Service and shall not solicit, market, or contact Consumers outside the scope of the Platform.

3.2.7 Prohibition on User Data Exploitation
You shall not attempt to identify, trace, reverse-engineer, or otherwise extract information about any user, Consumer, or visitor of the Platform beyond what is explicitly made available to you for Service-related purposes.

3.2.8 Telecommunication Costs
You acknowledge that any communication costs incurred when interacting with Consumers or EtiGo, including SMS or call charges, shall be entirely borne by you.

3.2.9 Authority to Bind Organization
If you create or manage an Account on behalf of an employer, company, or organization, you represent and warrant that you have full authority to legally bind such entity to this Agreement, and that such entity shall be deemed the Account owner.

3.2.10 Pricing Integrity
You are strictly prohibited from offering unauthorized discounts, coupons, rebates, or promotional incentives to Consumers unless expressly approved in writing by EtiGo.

3.2.11 Platform Misuse and Data Protection
You shall not use the Platform or Services for purposes other than those expressly permitted, including but not limited to data mining, competitive intelligence gathering, unauthorized analytics, or extraction of EtiGo or user data. Any such act may be treated as a material breach and may result in legal action.

3.2.12 Use of Partner Data and Monitoring
Information submitted during Partner registration, including personal or business data, may be linked to your Account and displayed as necessary for Service delivery. You consent to EtiGo’s reasonable monitoring of Platform usage to improve services, ensure compliance, and support operational analytics.

You further undertake that any personal data of Consumers obtained through the Platform shall:

1. be used solely for the specific purpose for which it was provided;

2. not be retained longer than necessary; and

3. be deleted or anonymized once the purpose has been fulfilled, in compliance with applicable data protection laws.

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3.3 No Guarantee of Service Availability

You acknowledge and agree that:

a. The Platform and Services may be subject to downtime, interruptions, maintenance, upgrades, or technical limitations;

b. EtiGo does not guarantee that Services will be error-free, continuous, or available at all times; and

c. Availability of Services may depend on third-party providers, including Operators, payment gateways, telecommunications providers, and hardware vendors.

3.4 Data Protection and Confidentiality Undertakings

Each party undertakes to:

a. Comply with the Philippine Data Privacy Act of 2012 (RA 10173) and relevant NPC issuances;

b. Implement reasonable organizational, physical, and technical safeguards to protect Personal Data; and

c. Use Personal Data solely for legitimate and authorized purposes under this Agreement.

3.5 Survival

The representations, warranties, and undertakings contained in this Section shall survive termination of this Agreement to the extent necessary to give them effect.

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4. Platform Compatibility

The Platform may be accessed through various devices, operating systems, browsers, networks, and hardware configurations. Certain models, versions, firmware, settings, or third-party software may not be fully compatible with all features or functions of the Platform.

While EtiGo makes reasonable efforts to continuously enhance and update the Platform to support commonly used devices, operating systems, and browsers within its target markets, EtiGo does not guarantee that the Platform or any part thereof will function uninterrupted or error-free on all devices or hardware configurations.

EtiGo shall not be liable for any limitations, failures, or performance issues arising from device incompatibility, outdated software, network conditions, or third-party system constraints.

5. License Grant and Use Restrictions

5.1 License Grant

Subject to your compliance with this Agreement, EtiGo grants you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform solely for the purpose of utilizing the Services in accordance with these Terms.

All rights not expressly granted herein are reserved exclusively by EtiGo and its licensors, including all intellectual property rights related to the Platform, software, content, trademarks, and underlying technology.

5.2 Restrictions on Use

You agree that you shall not, and shall not permit any third party to:

5.2.1 Intellectual Property Misuse
Copy, reproduce, modify, distribute, transmit, publicly display, sell, license, or otherwise exploit any content, software, trademarks, logos, designs, or proprietary materials available on the Platform without the prior written consent of the rightful owner;

5.2.2 Removal of Notices
Remove, alter, obscure, or tamper with any copyright, trademark, service mark, or other proprietary rights notices displayed on or embedded within the Platform;

5.2.3 Unauthorized Use
Use the Platform for any unlawful, unauthorized, or commercial purpose not expressly permitted under this Agreement;

5.2.4 Circumvention or Interference
Attempt to bypass, disable, interfere with, or undermine any security, usage rules, technical safeguards, or access controls implemented by EtiGo; or

5.2.5 Reverse Engineering
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or structure of the Platform, except to the extent expressly permitted by applicable law.

6. Payments

6.1 Payment Terms for Partners (Bus Operator Partners)

6.1.1 General Payment Structure
Partners acknowledge and agree that EtiGo operates as a Software-as-a-Service (SaaS) and technology platform provider. Fees payable to EtiGo may include, but are not limited to, subscription fees, transaction-based fees, hardware-related fees, and other charges as may be agreed upon in writing between EtiGo and the Partner.

6.1.2 Subscription Fees
Where applicable, Partners shall pay EtiGo the agreed Dashboard Subscription Fees and/or Operator Subscription Fees based on the selected plan, number of buses enrolled, and scope of services provided. Subscription fees shall be billed monthly unless otherwise stated in a separate written agreement.

6.1.3 Transaction Fees and Revenue Share
Partners agree that EtiGo may collect transaction-based fees for digital and printed ticket sales and bookings made through the Platform. Such fees may be structured as:

1. a convenience fee charged to passengers,

2. a percentage-based commission on ticket fares,

The applicable transaction fees or revenue-sharing percentages shall be disclosed to the Partner in advance and reflected in a separate commercial agreement or schedule.

6.1.4 Hardware, Installation, and Maintenance Fees
Where EtiGo provides hardware, IoT devices, installation, maintenance, or leased equipment, the Partner agrees to pay the applicable one-time, recurring, or lease fees in accordance with the selected hardware package. Ownership, lease terms, and responsibilities shall be governed by the applicable hardware agreement.

6.1.6 Billing and Settlement
EtiGo shall issue electronic billing statements or reports detailing fees due, including transaction summaries where applicable. Payments shall be settled within the agreed payment period stated in the invoice or commercial agreement. Late payments may result in service restrictions, suspension, or penalties as permitted by law.

6.1.7 Taxes and Government Charges
All fees are exclusive of applicable taxes, duties, or government-imposed charges, unless otherwise stated. The Partner shall be responsible for any taxes arising from its use of the Services, except for taxes imposed directly on EtiGo’s income.

6.1.8 No Refund Policy
Except where required by applicable law or expressly agreed in writing, all fees paid to EtiGo are non-refundable, including subscription fees and transaction-based charges.

6.1.9 Right to Amend Fees
EtiGo reserves the right to revise its pricing, fees, or revenue-sharing structures upon prior written notice to the Partner. Any such changes shall not affect fees already incurred prior to the effective date of the amendment.

6.1.10 Dispute on Charges
Any dispute regarding billing or payment must be raised in writing within a reasonable period from receipt of the billing statement. Failure to raise such dispute shall be deemed acceptance of the charges.

6.2 Payments for Consumers (Passengers)

6.2.1 Fare Payments and Digital Ticketing
Consumers may use the EtiGo Platform to purchase digital tickets for transportation services provided by Partner bus operators. All fares displayed on the Platform are determined by the Partner and/or relevant regulatory authorities, and EtiGo does not set or control base fare prices unless expressly stated.

6.2.2 Convenience Fees
EtiGo may charge Consumers a convenience or service fee for the use of the Platform, which may be added to the ticket price at the time of booking. The applicable fee shall be clearly disclosed to the Consumer prior to payment and confirmation of the transaction.

6.2.3 Accepted Payment Methods
Consumers may pay for tickets using supported payment methods made available on the Platform, which may include, but are not limited to, digital wallets, credit or debit cards, QR-based payments, or other electronic payment channels. Availability of payment methods may vary depending on location, Partner, or system availability.

6.2.4 Payment Authorization
By confirming a transaction, the Consumer authorizes EtiGo and/or its authorized payment processors to charge the selected payment method for the total amount due, including applicable fares, convenience fees, taxes, or other charges.

6.2.5 Refunds, Cancellations, and Adjustments
Refunds, cancellations, or fare adjustments, if any, shall be subject to the Partner’s transport policies, applicable laws, and EtiGo’s refund guidelines. Certain tickets may be non-refundable or non-transferable. Any applicable refund or adjustment rules shall be disclosed to the Consumer at the time of booking or within the Platform.

6.2.6 Failed or Incomplete Transactions
In the event of a failed, reversed, or incomplete payment transaction, EtiGo shall make reasonable efforts to correct the issue. Consumers acknowledge that processing times may vary depending on the payment provider. EtiGo shall not be liable for delays caused by third-party payment processors beyond its reasonable control.

6.2.7 Promotions and Discounts
From time to time, EtiGo or its Partners may offer promotions, discounts, or subsidized fares. Such offers shall be subject to specific terms and conditions and may be limited in availability or duration.

6.2.8 Proof of Payment and Ticket Validity
Upon successful payment, Consumers will receive a digital ticket or proof of payment through the Platform. Consumers are responsible for ensuring that the digital ticket is valid, accessible, and presented when required for boarding or inspection.

6.2.9 Disputes and Chargebacks
Any dispute relating to payments, charges, or ticket validity must be raised through EtiGo’s designated support channels within a reasonable period. Unauthorized chargebacks or misuse of payment mechanisms may result in account suspension or restriction.

6.2.10 Taxes and Government Fees
Ticket prices and fees may include applicable government taxes or regulatory charges as required by law. Such charges, where applicable, shall be disclosed to the Consumer.

7. Cancellation

7.1 Cancellation Terms for Partners

7.1.1 Right to Terminate
Either EtiGo or the Partner may terminate the Agreement or any applicable service arrangement by providing prior written notice in accordance with the notice period stated in the applicable commercial agreement, pilot agreement, or subscription plan.

7.1.2 Termination for Convenience
Unless otherwise agreed in writing, termination for convenience may be exercised by either party upon at least thirty (30) days’ prior written notice. Any fees accrued up to the effective date of termination shall remain payable.

7.1.3 Termination for Cause
EtiGo may immediately suspend or terminate the Partner’s access to the Platform and Services without prior notice if the Partner:

1. materially breaches this Agreement or any applicable policies;

2. fails to comply with applicable laws, regulations, or licensing requirements;

3. engages in fraudulent, unlawful, or abusive conduct;

4. misuses the Platform, hardware, or data; or

5. fails to settle undisputed payments within the agreed payment period.

7.1.4 Pilot Implementation Cancellation
For free or subsidized pilot implementations, either party may terminate the pilot by providing written notice. Upon termination, EtiGo may remove or deactivate access to the Platform and retrieve any deployed hardware, subject to reasonable coordination with the Partner.

7.1.5 Effect of Termination
Upon termination:

1. all outstanding fees, transaction charges, or revenue share amounts shall become immediately due and payable;

2. the Partner’s right to access or use the Platform and Services shall cease;

3. any licenses granted under this Agreement shall automatically terminate;

4. data handling and retention shall be governed by EtiGo’s Privacy Policy and applicable law.

7.1.6 Hardware and Equipment
Where hardware or IoT devices are provided on a lease or loan basis, the Partner shall return such equipment in good working condition, subject to normal wear and tear, within the agreed return period. Failure to return equipment may result in replacement or penalty charges.

7.1.7 Survival of Certain Provisions
Termination shall not affect any provisions which by their nature are intended to survive termination, including but not limited to payment obligations, confidentiality, data protection, limitation of liability, and governing law.

7.1.8 No Waiver of Rights
Termination of this Agreement shall be without prejudice to any rights or remedies available to either party under applicable law or equity.

7.2 Cancellation Terms for Consumers (Passengers)

7.2.1 General Cancellation Policy
Consumers may request cancellation of a booking or digital ticket through the Platform, subject to the cancellation and refund policies of the applicable Partner bus operator, fare rules, and applicable laws.

7.2.2 Non-Refundable Tickets
Certain tickets, fares, or promotional bookings may be designated as non-refundable or non-cancellable. Such conditions shall be clearly disclosed to the Consumer prior to confirmation of the booking.

7.2.3 Refundable Tickets
Where refunds are permitted, the amount refundable, processing time, and applicable fees shall depend on the Partner’s policy, fare type, and the time of cancellation. Any convenience fees or service charges may be non-refundable unless otherwise required by law.

7.2.4 Missed Trips and No-Shows
Failure to board the bus at the scheduled departure time may be considered a “no-show” and may result in forfeiture of the ticket without refund, subject to the Partner’s transport policies.

7.2.5 Service Disruptions and Cancellations by Partner
In the event that a trip is cancelled, delayed, or significantly altered by the Partner, the Consumer may be entitled to a refund, rebooking, or alternative arrangements in accordance with the Partner’s policies and applicable regulations.

7.2.6 Partial Use of Tickets
Tickets that are partially used may not be eligible for refund unless expressly stated by the Partner or required by law.

7.2.7 Processing of Refunds
Approved refunds shall be processed through the original payment method where possible. Processing timelines may vary depending on the payment provider and financial institution.

7.2.8 Dispute Resolution
Consumers are encouraged to contact EtiGo’s customer support through the Platform for assistance with cancellation-related concerns before initiating chargebacks or disputes with payment providers.

7.2.9 Fraud Prevention
EtiGo reserves the right to deny refund requests or restrict accounts where there is evidence of abuse, fraud, or misuse of the Platform.

7.2.10 Compliance with Law
Nothing in this section shall limit any rights granted to Consumers under applicable Philippine consumer protection laws.

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8. Complaints

8.1 Any complaints or disputes arising between Partners and Consumers in relation to transportation services shall be resolved directly between the Partner and the Consumer. EtiGo’s role is limited to providing the Platform and, unless required by law, EtiGo shall not be responsible for resolving such disputes.

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9. Repair and Cleaning Fees for Consumers

9.1 Consumers may be charged reasonable repair, cleaning, or damage fees by the Partner for any loss or damage caused to vehicles, equipment, or property during use of the service, subject to applicable laws.

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11. Intellectual Property Ownership

11.1 All intellectual property rights in and to the Platform, software, systems, trademarks, and related materials belong exclusively to EtiGo or its licensors. No rights are transferred except as expressly stated in this Agreement.

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12. Taxes

12.1 All fees and payments under this Agreement are exclusive of applicable taxes, duties, and government charges, unless otherwise stated.

12.2 Partners are solely responsible for the payment of all taxes, statutory contributions, and government fees arising from amounts payable to them in connection with this Agreement.

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13. Confidentiality

13.1 Each party agrees to keep confidential any non-public business, technical, or operational information obtained in connection with the use of the Platform and Services and to use such information solely for purposes permitted under this Agreement.

13.2 The confidentiality obligations shall not apply to information that:

1. was lawfully known to the receiving party prior to disclosure;

2. becomes publicly available through no fault of the receiving party;

3. is received from a third party with the right to disclose it; or

4. is required to be disclosed by law or regulation.

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14. Data Privacy and Protection

14.1 EtiGo collects, processes, and protects personal data in accordance with its Privacy Policy, which forms an integral part of this Agreement.

14.2 By using the Platform, you consent to EtiGo and its affiliates collecting, using, processing, and disclosing personal data as described in the Privacy Policy.

14.3 Where you receive personal data of other users through the Platform, you agree to use such data solely for the purpose for which it was provided and in compliance with applicable data privacy laws.

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15. Third-Party Interactions

15.1 EtiGo acts solely as a technology platform. Any interaction, transaction, agreement, or dispute between Partners, Consumers, or third parties shall be strictly between such parties. EtiGo shall not be a party to, nor be liable for, any such dealings.

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16. Indemnification

16.1 You agree to indemnify and hold harmless EtiGo, its directors, officers, employees, and affiliates from any claims, losses, damages, liabilities, penalties, or expenses arising from your violation of this Agreement, misuse of the Platform, or breach of applicable Philippine laws and regulations.

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17. Disclaimer of Warranties

17.1 The Platform and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted under Philippine law, EtiGo disclaims all warranties, whether express or implied, including but not limited to warranties of accuracy, reliability, fitness for a particular purpose, and uninterrupted service.

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18. Internet and System Delays

18.1 EtiGo shall not be liable for any delay, failure, or interruption of the Platform caused by internet connectivity issues, system maintenance, force majeure events, or circumstances beyond its reasonable control.

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19. Limitation of Liability

19.1 To the maximum extent permitted by Philippine law, EtiGo shall not be liable for any indirect, incidental, consequential, exemplary, or special damages arising out of or related to your use of the Platform.

19.2 EtiGo’s total aggregate liability, if any, shall not exceed the fees paid by you to EtiGo within six (6) months preceding the event giving rise to the claim.

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20. Notices

20.1 All notices may be given electronically through the Platform, email, SMS, or other reasonable means. Such notices shall be deemed received upon transmission.

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21. Assignment

21.1 You may not assign or transfer your rights or obligations under this Agreement without EtiGo’s prior written consent. EtiGo may assign this Agreement without restriction.

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22. Governing Law and Dispute Resolution

22.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

22.2 Any dispute arising from this Agreement shall first be resolved through good-faith negotiations. If unresolved, the dispute shall be submitted to the exclusive jurisdiction of the proper courts of Quezon City, Philippines, unless otherwise required by law.

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23. Severability

23.1 If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions shall remain valid and effective.

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25. No Waiver

25.1 Any failure or delay by EtiGo to enforce any right shall not be deemed a waiver of such right under this Agreement.

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26. Entire Agreement

26.1 This Agreement constitutes the entire agreement between you and EtiGo and supersedes all prior agreements, communications, or understandings relating to the Platform and Services.

27. Suspension and Termination

27.1 EtiGo may suspend or terminate access to the Platform immediately upon violation of this Agreement, misuse of the Services, or as required by law or government authority.

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28. No Third-Party Rights

28.1 This Agreement is for the sole benefit of EtiGo and the user and shall not create any rights in favor of third parties.