Last updated 11 November 2025
PARA XPRESS TECHNOLOGY SERVICES, INC. (“Xpress,” “we,” “us,” or “our”) operates the Software (as defined below) and related services. These Terms and Conditions of Service (“Terms and Conditions”) govern your access to and use of the Software and Services (as defined below), including but not limited to our website, mobile application/s, APIs, partner/merchant portals, and any related features. By creating an account, using the Service, requesting or providing rides or deliveries, or otherwise interacting with the Service, you agree to these Terms and the documents they incorporate (including our Privacy Policy). If you do not agree, do not use the Service.
Privacy and Data Protection: In addition, Xpress is committed to safeguarding your privacy and upholding your rights under applicable data privacy laws. We implement appropriate administrative, physical and technical measures to protect the confidentiality, integrity, and availability of personal data we process in connection with the Service, in compliance with Republic Act No. 10173 (the Data Privacy Act of 2012), its Implementing Rules and Regulations, and applicable issuances of the National Privacy Commission (NPC). Please review our Privacy Policy carefully which you can access through this link: https://www.xpress.ph/privacy-policy. The Privacy Policy applies to all of our Services and its terms are made a part of this Agreement by this reference.Where applicable, you agree and consent to Xpress and any of its affiliate companies collecting, using, processing and disclosing personal data as further described in our Privacy Policy.You are solely responsible for ensuring that the information associated with your Xpress account, including but not limited to your contact details, payment information, and other personal data, is complete, accurate, and kept up to date at all times. Failure to provide accurate and current information may result in the suspension or termination of your account, inability to access certain features of the Service, or delays and errors in the processing of your bookings and transactions.If you wish to terminate your account, you may submit a formal request, and we will process such request in accordance with applicable laws, contractual obligations, and our data retention policies.
These Terms and Conditions constitute a legally binding agreement between you and Xpress regarding your use of our Service. Our Service functions as a technology-based platform that enables Consumers to access, request and connect with transportation, delivery, and related services, which may be provided directly by Xpress or by independent third-party transportation providers, drivers, and vehicle operators (collectively referred to as "Service Providers").
For the avoidance of doubt, Xpress is a technology company that operates the above-described platform. Where services are rendered by Service Providers, Xpress’ participation is limited to the provision and operation of the platform, including facilitating the transmission of service requests, providing access to information regarding Service Providers, and enabling communication between Riders and Service Providers. Xpress does not own, operate, or control the vehicles, drivers, or delivery operations of independent Service Providers.
Service Providers are independent contractors and are not, and shall not represent themselves to be, employees, agents, or representatives of Xpress. Services performed by Service Providers are not deemed to be services of Xpress.
Certain Services may be subject to additional terms, such as specific event policies or promotional offers. These supplemental terms will be provided to you separately, either through our website or within the Software. Such supplemental terms are deemed part of these Terms and Conditions take precedence over them in the event of any conflict.
For purposes of these Terms and Conditions, the following words and expressions shall have the meanings set out below. References to the singular include the plural and vice versa, and references to any gender include all genders, unless the context otherwise requires.
Our Terms and Conditions are intended to provide Users with a clear framework of their rights, obligations, and responsibilities when utilizing or interacting with our platform. Through our Software, Users may conveniently arrange transportation and related services to their chosen destinations, which are fulfilled by the Drivers.
These Terms and Conditions outline the rules, standards, and expectations governing the relationship between Xpress and its Users. They are designed to promote a safe and secure environment for all Users, thereby fostering trust, accountability, and reliability in our Services.
Additionally, our Terms and Conditions ensure compliance with legal and regulatory standards. They also establish fair procedures for resolving disputes, ensuring that any disagreements are addressed in a transparent and equitable manner. These Terms likewise facilitate effective communication between Users and Xpress by providing channels for feedback, inquiries, and support services.
By using our Service and/our Software, you acknowledge and agree to the following representations, warranties, and undertakings:
You confirm that you possess the legal capacity to enter into the Agreement and accept and adhere to the Terms and Conditions. You further affirm that you are at least eighteen (18) years old or of legal age as required in your jurisdiction to enter into a contractual agreement. The Service is not intended for individuals under the age of eighteen (18) or those prohibited by law from entering into contractual relationships.
You warrant that all information provided by you is true, accurate, not misleading, current and complete as necessary for the Service. You agree to promptly update such information to ensure its continued accuracy and reliability throughout your use of the Services. You further agree to provide Xpress with any proof of identity, documents, permits, licenses, or approvals that we may reasonably request or require in connection with your access to or use of the Services.You acknowledge and accept that any failure to provide information that is truthful, accurate, current, complete, or not misleading constitutes a material breach of these Terms. In such cases, Xpress shall have the right, but not the obligation, to suspend, restrict, or terminate this Agreement and your access to the Service, in whole or in part, at any time and with or without prior notice.
You undertake to act lawfully and responsibly, ensuring that your activities are in full compliance with all applicable laws, rules, and regulations. You further agree to not use the Services for any unlawful, fraudulent, or prohibited purposes, nor shall you engage in conduct that may impair, disrupt, or interfere with the proper functioning, security, or performance of the platform.The unauthorized means of accessing or interacting with the Services is strictly prohibited and may be used as a ground to terminate your use of the Service at any time with or without notice. In such an event, you shall not hold Xpress liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
You represent and warrant that you will not attempt to commercially exploit any part of the Software without the prior written consent of Xpress. For the avoidance of doubt, you are expressly prohibited from modifying, adapting, creating derivative works based on, copying, reproducing, publicly displaying, distributing, transmitting, or otherwise using or communicating the Software, its content, or any part thereof for any public or commercial purpose unless specifically authorized in writing by Xpress.
You represent and warrant that you will not use the Software or the Service to cause nuisance, inconvenience, or disturbance, nor will you behave in any inappropriate, abusive, disrespectful, or unlawful manner towards Xpress, its representatives, Users, or any third party.
You represent and warrant that, when using the Service and/or Software, you authorize Xpress to collect, access, and process your location data, including real-time and historical geographic information, for the purpose of enabling and enhancing the functionality of the Service.
You acknowledge and agree that the Service is provided by Xpress on a reasonable effort basis.
You agree that your use of the Service will be subject to Xpress’ policies as may be amended from time to time.
You agree to fully cooperate with and assist Xpress in any internal or external investigations, audits, or proceedings that may be reasonably required for Xpress to comply with applicable laws, rules, regulations, and lawful orders of competent authorities.
You acknowledge that the Service is provided for your personal use only, and you agree not to authorize, permit, or allow any other person to access or use your account. You are expressly prohibited from assigning or transferring your account to any other person or entity.
You are solely responsible for safeguarding the security and confidentiality of your account credentials, including usernames, passwords, authentication tokens, OTPs, and other access credentials. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You further acknowledge and agree that only one (1) account may be registered on a single device, except as otherwise expressly permitted by Xpress.
You acknowledge and agree that Xpress may, in its sole discretion, determine that your account has become inactive due to prolonged non-use or lack of transactions. In such cases, Xpress reserves the right to deactivate, suspend, or restrict access to your account without prior notice.
You expressly agree to assume full responsibility and liability for any and all losses, damages, costs, or claims suffered or incurred by yourself, Xpress, its affiliates, or any third party arising out of, or in connection with, your breach of these Terms, your misuse of the Service or Software, or your violation of any applicable law, regulation, or third-party rights.
Additional Warranties for Drivers
If you are a Driver, you warrant that you possess all licenses, permits, accreditations, and insurance coverage required by applicable laws and regulations to lawfully provide transportation, delivery, or related services.
If applicable, you represent and warrant that you are the lawful owner, lessee, or authorized operator of any vehicle, equipment, or other property used in connection with the provision of Services through the Software.
You acknowledge, represent, and warrant that you shall be solely and fully responsible for any and all claims, demands, actions, judgments, damages, losses, liabilities, costs, or expenses arising out of, or in connection with, the Services you provide through the Software. This responsibility includes, but is not limited to, claims relating to accidents, personal injuries, death, property damage, or total loss, whether actual or alleged, resulting from or connected to your acts, omissions, or performance in the course of providing the Services.
You warrant that if you register or create an account on behalf of your employer, such account shall be deemed the property of your employer. In doing so, you further warrant that you possess the full legal authority to bind your employer to this Agreement and to all obligations, responsibilities, and liabilities arising from the use of the Software and the provision of Services.
You also undertake not to contact Consumers for non-service-related matters or for personal or commercial gain outside the scope of the provision of the Service. You further agree to use Consumer information strictly for the purpose of fulfilling Services requested through the Software and not for any unauthorized or unrelated purposes.
You further warrant that any personal data of Consumers or other Users obtained through the Platform shall be used strictly for the specific and lawful purpose for which it was provided, and shall be promptly deleted or anonymized once no longer necessary.
Without prejudice to other provisions of this Agreement, you warrant that any information you submit for registration, including personal data as described in our Privacy Policy, may be linked to your account and used to facilitate your access to and use of the Software. You consent to such use and acknowledge that your use of the Software may be monitored by us or authorized third-party providers to improve services.
Additional Warranties for Consumers
If you are a Consumer, you agree to use the Services responsibly and solely for personal or authorized purposes. You warrant that you will provide accurate passenger and booking details and will ensure that any passengers, including minors if applicable, are accurately disclosed when placing a booking.
You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the Driver is entitled to cancel your booking and you may be charged a cancellation fee, if applicable.
You further agree not to engage in abusive, harmful, or unlawful conduct toward Drivers, Xpress, or other Users of the platform.
You shall not contact the Drivers for purposes other than the Service.
These Terms and Conditions, including the representations, warranties, and undertakings set forth herein, constitute a binding agreement between you and Xpress. By using the Software and Services, you expressly agree to abide by these obligations and accept full responsibility for any consequences that may arise from your breach of these Terms and Conditions.
Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the Software or its parts. While we strive to develop the Software to support commonly used devices and models in markets, and all relevant browsers, we do not guarantee compatibility with specific mobile devices or other hardware.
Xpress and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Xpress and its licensors.
You shall not:
Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior consent from the owner of such proprietary rights.
Remove any copyright, trademark, or other proprietary rights notices contained on the Platform.
Xpress Wallet
At Xpress, we offer flexible payment options to ensure a convenient and seamless experience for our Users. When using our Service, you may settle payments for our Services through cash, e-cash, debit/credit card, or pre-paid balances via your Xpress Wallet. You may choose your preferred payment option through the Software before or at the time of booking. For Drivers, funds may also be added to the Xpress Wallet to fulfill the required Minimum Balance (as defined below) or to settle any fees, commissions, or other obligations that may be due to Xpress under these Terms and Conditions.
To purchase or redeem Xpress Wallet Credits, you must maintain an active and valid Xpress Account, and all usage of the Wallet and funds is strictly governed by these Terms and Conditions.
If you choose to add Xpress Wallet Credits, you may do so through bank transfers, linked e-wallets, debit cards, or credit cards. The payment method used must belong to you, or you must have proper authorization from the account holder/cardholder. Xpress may, at its discretion, conduct verification and authorization checks on your chosen payment method, both at the time of registration and during top-up transactions. These checks may include temporary authorization holds placed on your card or account. You acknowledge and agree that such holds are a standard security measure and that Xpress shall not be liable for any inconvenience or charges imposed by your issuing bank or financial institution.
To comply with applicable anti-money laundering and counter-terrorist financing laws, Xpress may require you to undergo identity confirmation or submit supporting documents prior to approving or processing certain transactions. Failure to provide the requested information may result in suspension or limitation of your Wallet functions.
Xpress Wallet Credits can only be redeemed through the Software. Xpress reserves the right, at its sole discretion, to determine or modify the services and transactions for which these credits may be applied. Xpress Wallet Credits are non-transferable, non-refundable, and non-redeemable for cash under any circumstance, except in cases of verified error, fraud, or as required by law. They cannot be resold, transferred for value, treated as legal tender, or exchanged for monetary instruments. These funds remain under your control until they are deducted to pay for completed transactions, including fares, fees, or charges.
For the avoidance of doubt, Xpress Wallet Credits do not generate or accrue any interest, returns, or other earnings of any kind. The Xpress Wallet is not a deposit, savings, or investment account.
Xpress, in its sole discretion, may also apply limits to the amount you may store, transfer, or use through the Wallet.
If your top-up or payment transaction is processed outside your country of residence, you shall bear any additional charges, fees, or currency conversion costs applied by your card provider or bank.
Xpress bears no responsibility for unauthorized usage of your Xpress Wallet Credits. In cases of suspected fraudulent, unlawful, or unauthorized activity, Xpress reserves the right to suspend, freeze, void, or reverse Xpress Wallet transactions without prior notice. Xpress further retains full discretion to refuse, cancel, or reverse any attempted transfer of Xpress Wallet Credits at any time if it reasonably suspects misuse, fraud, or violation of these Terms and Conditions.
Terms for Consumers
Upon the completion of a trip, payment of the fare and any applicable charges shall be made in full to the assigned Driver through the selected payment method. All payments made are final and non-refundable, except as expressly provided under these Terms and Conditions or required under applicable laws. Any disputes regarding the quality of service or fare charged must be addressed directly with the Driver concerned, although Xpress may, at its sole discretion, assist in facilitating resolution.
We reserve the right to suspend, delay, or decline any transaction that we suspect to be fraudulent, unauthorized, illegal, or in breach of our Terms and Conditions. You agree to cooperate fully with Xpress in any verification, investigation, or financial crime screening procedures.
Terms for Drivers
For your use of the Software, Xpress charges a fee calculated as a percentage of the total fare paid by the Consumer for each completed transaction (“Service Fee”). Unless otherwise expressly communicated to and accepted by you in advance, the Service Fee may be up to Twenty percent (20%) of the total fare paid by the Consumer for each completed transaction. The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply under all circumstances.
You acknowledge and agree that the Service Fee constitutes a fair and reasonable charge for the continued availability of the Software and related support services. Xpress reserves the right to change the Service Fee at any time at its sole discretion.You acknowledge and agree that Xpress may act as your collection agent for all amounts payable by Consumers in connection with the Services you provide through the Software. Xpress is authorized to receive, hold, and administer the total amount due to you and to remit the net amount, after deduction of applicable Service Fees, taxes, or other authorized charges.
Xpress shall administer payments to you and from you through the Xpress Wallet. All earnings from your provision of Services shall be credited to your Xpress Wallet and displayed therein. You may then transfer such earnings to your Driver Wallet for withdrawal, in accordance with the cash-out options made available through the Software.Xpress reserves the right to deduct from your Xpress Wallet balance such amounts as may be required under these Terms and Conditions, as may be authorized by you, or as may be notified to you via the Software. These deductions may include, but are not limited to, Service Fees, loan payments, reimbursement of erroneous credits, commissions, applicable taxes, penalties, adjustments, or any other amounts arising from your use of the Software.
Xpress may, at any time and without prior notice, set off or deduct any matured obligations, liabilities, or amounts owed by the Driver against any amounts payable to the Driver, including balances maintained in the Driver’s Xpress Wallet, Driver Wallet, or any other account under the Driver’s name within the Software, regardless of the place of payment or the currency of either obligation. The Driver expressly authorizes Xpress and its affiliates to execute such setoffs or credit applications without further notice, to the maximum extent permitted by law.
Drivers are required to maintain a minimum credit balance (“Minimum Balance”) in their Xpress Wallet at all times. This Minimum Balance serves as a prepayment to Xpress for commissions, loan payments, fees, and other applicable charges under these Terms and Conditions as well as any other agreement executed with us.
The amount of the Minimum Balance shall be prescribed by Xpress and communicated to you through the Software. Xpress may revise the Minimum Balance requirement at its sole discretion and will notify you of any changes. Failure to maintain the required Minimum Balance may result in restrictions, suspension, or termination of your access to the Software and/or Services.
In order to withdraw your earnings, funds must first be transferred from your Xpress Wallet to your Driver Wallet. Thereafter, you may nominate your preferred withdrawal method, whether cash, e-cash, or such other modes as may be made available by Xpress from time to time. Funds stored in your Xpress Wallet or Driver Wallet are strictly for the purpose of facilitating transactions through the Software. Such balances do not represent deposits and shall not, under any circumstances, earn or accrue interest, returns, or any other form of income.
Xpress reserves the right to delay, suspend, or withhold withdrawal transactions when required by applicable law or regulation , where it is reasonably believed to be fraudulent, illegal, or connected to any criminal activity, and where the Driver is suspected to be in breach of these Terms and Conditions.
Disclaimers
Xpress shall not be liable for any delay, failure, or error in the processing of Wallet transfers or withdrawals attributable to third-party banks, payment processors, financial institutions, or e-cash providers.
Xpress shall likewise not be responsible for losses arising from your failure to maintain the Minimum Balance, failure to update your account details, or use of unauthorized withdrawal channels.
To the fullest extent permitted by law, you release Xpress from any liability for claims, damages, or losses relating to or arising from the administration of your Wallets, save where such losses are directly caused by Xpress’ fraud, gross negligence, or willful misconduct.
Where applicable the Consumer shall be responsible for covering the cost of repairs or necessary cleaning of vehicles and property resulting from their misuse of the Service or breach of these Terms and Conditions. Any repairs or cleaning that exceed normal wear and tear ("Repair or Cleaning") may be charged to the User's Xpress Wallet after Xpress verifies the need for such services.
Xpress reserves the right to facilitate payment for the reasonable cost of Repair or Cleaning on behalf of the Driver. This payment can be processed via the User's designated payment method or demanded in cash if a request for repair or cleaning is made by the Driver and verified by Xpress as necessary.
Intellectual Property Rights
Xpress, together with its licensors where applicable, shall at all times retain exclusive ownership of all rights, title, and interests, including but not limited to all intellectual property rights, in and to the Software and Service. Such ownership extends to, and shall also include, any and all enhancements, modifications, derivative works, suggestions, feedback, or other contributions provided by Users or third parties in relation to the foregoing. The Terms and Conditions do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Software, or any intellectual property rights owned by Xpress and/or its licensors.
The Xpress name, logo, trademarks, service marks, product names, the Software, the Service, and all related branding elements shall remain the sole and exclusive property of Xpress and/or its licensors. No right, license, or authorization is granted to any user to copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any of the foregoing, except with the prior written consent of Xpress.
For avoidance of doubt, the term “Software” shall be deemed to include all components, features, processes, functionalities, codes, user interfaces, databases, structures, and overall design thereof. Any unauthorized use, reproduction, or exploitation of these intellectual property assets is strictly prohibited and shall be subject to appropriate legal remedies.
You may have the ability to submit, upload, or otherwise make available content through certain features of the Platform. Except as otherwise provided in this Agreement, Xpress does not claim ownership over any content you provide. However, by submitting or uploading any content that is protected by intellectual property rights, you:
License Grant
Xpress and its licensors grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, access, and use the Software solely for your personal, lawful, and non-commercial use, and strictly in accordance with the terms and conditions of this Agreement. This license does not convey any ownership rights or interests in the Software, or any related intellectual property, which shall remain the exclusive property of Xpress and its licensors.
Restrictions
Users are expressly forbidden from sublicensing, selling, leasing, renting, lending, assigning, distributing, or otherwise commercially exploiting theSoftware, or granting any third party access thereto. Users shall not modify, adapt, translate, alter, or create derivative works based on the Software, whether in whole or in part.
Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, underlying structure, algorithms, or architecture of the Software is strictly forbidden.
As you use the Software or avail of our Services, you may have access to confidential and proprietary information, including but not limited to our business strategies, technical specifications, operations, financial information, products, services, promotional plans, and other sensitive details relating to Xpress and its affiliated companies. You acknowledge the importance of safeguarding such information and undertake to keep it strictly confidential.
You agree that such confidential information shall be used solely for the purposes of performing your obligations or exercising your rights under this Agreement, and not for any personal, commercial, or unauthorized purpose. You further agree not to disclose, share, reproduce, or otherwise make such information available to any third party without the prior written consent of Xpress.
However, you may disclose confidential information if and to the extent such disclosure is required by applicable law, regulation, or valid order of a court or government authority. In such cases, you shall, to the extent legally permissible, provide Xpress with prior written notice of the disclosure so that Xpress may seek protective measures or other appropriate remedies.
These confidentiality obligations shall survive the termination or expiration of this Agreement, continuing to bind you for as long as the information remains confidential.
Terms for Consumers
Unless specified otherwise in Xpress Policy, you retain the right to cancel your Service request before your ride with the matched Driver begins.
If you cancel a confirmed booking or fail to appear at the designated pick-up location within the prescribed time, you may be charged a Cancellation Fee. The applicable Cancellation Fee will be determined in accordance with Xpress’ prevailing Cancellation Policy, as communicated through the Software or other official channels, and may be updated by Xpress from time to time at its sole discretion.
Should you believe a Cancellation Fee was erroneously applied, you can reach out to Xpress through the Help Center on our website or within the Software for assistance. Xpress reserves the sole discretion to review and determine whether a refund is warranted.
Any approved refund may be processed back to the original payment method used for the booking, or through such alternative method as Xpress may consider appropriate. Please note, however, that all refunds granted are final and non-refundable at the discretion of Xpress.
Terms for Drivers
As a Driver, your commitment to fulfilling Consumers' requests for Services is vital to maintaining their trust in Xpress. Frequent cancellations or failure to honor Consumer bookings may significantly diminish the user experience and negatively affect Xpress’ reputation.
While you have the flexibility to cancel a booking, acceptable reasons for doing so are specified within the Software. Xpress reserves the right to periodically update these acceptable reasons from time to time. Deviation from the valid reason for cancellation stated or consistently ignoring bookings may lead to temporary restrictions on your Service access.
At Xpress, both Consumers and Drivers have the chance to provide feedback and rate each other in relation to the Service provided.
These ratings are securely stored within Xpress's system. We reserve the right to review such and take necessary actions, including the suspension of the use of the Service even without notice, if deemed appropriate.
This Agreement shall be subject to all applicable statutory taxes, levies, and charges, including but not limited to sales tax, value-added tax (VAT), income tax, and any similar governmental assessments imposed by law. All Users are required to comply with the tax laws and regulations in their respective jurisdictions.
Drivers shall be solely responsible for the payment of any and all taxes, duties, fees, charges, or statutory contributions arising out of or in connection with the sums payable to them under this Agreement, including those related to the services they provide through the Software. Xpress shall not be liable for, nor assume responsibility for, the Driver’s personal or business tax obligations.
You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend Xpress to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
During your use of the Software, you may encounter or engage with third-party providers, advertisers, or sponsors whose products, services, or promotional content may be made available through the Software. Any engagement, transaction, or interaction you enter into with such third parties, including any corresponding terms, warranties, or representations shall be solely between you and the relevant third party. Xpress and its licensors bear no liability, obligation, or responsibility in connection with such interactions. Xpress is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
The Software may contain hyperlinks to external websites or online content owned, operated, or provided by third parties, as well as display content, materials, or information sourced from third parties. Such content is not under the control of Xpress, and we make no representations, warranties, or guarantees regarding its accuracy, reliability, legality, or appropriateness. Xpress shall not be held responsible or liable for any errors, omissions, delays, inaccuracies, offensive, defamatory, obscene, profane, unlawful, or otherwise objectionable material contained in any third-party content, nor for any consequences or damages that may arise from your access to or use of such content or websites. Access to or use of such linked websites or content is undertaken entirely at your own risk and discretion.
Xpress may, from time to time, partner with third-party advertisers and marketing providers to support the operation of the Software and to generate additional revenue. By accepting these Terms and Conditions, you expressly consent to the display and receipt of such advertising, promotions, or marketing communications through the Software. Should you choose to opt out of or decline such services, Xpress reserves the right, at its discretion, to adjust fees, impose additional charges, or limit certain features or functionalities of the Software.
You are solely responsible for exercising caution, judgment, and discretion in all dealings with third-party providers, advertisers, and sponsors accessible through the Software. Xpress shall not be held liable for any loss, damage, claim, or consequence arising directly or indirectly from your interactions or transactions with such third parties.
You agree and consent to Xpress collecting, compiling, and disclosing information about you and your use of the Service in an aggregated and anonymized form. Such information may be used for the creation of consumer profiles, reports, analytics, or other similar studies. Any data released will not personally identify you and will be utilized solely for lawful business, operational, and analytical purposes.
By agreeing to these Terms and Conditions, you agree that you shall defend, indemnify, and hold harmless Xpress, its officers, directors, employees, affiliates, licensors, and agents against all claims, costs, damages, losses, liabilities,demands, and expenses arising out of or in connection with: (a) your access or use of the Software, and/or any part thereof in your dealings with the Drivers or Consumers (as applicable), third party merchants, providers, partners, advertisers and/or sponsors third-party providers, partners, advertisers, or sponsors; (b) your breach or violation of these Terms and Conditions, or of any applicable law or regulation, whether or not referenced herein; (c) your infringement or alleged infringement of any rights of any third party; or (d) your misuse, abuse, or improper use of the Software or Services, whether done by you directly or or through your account, whether authorized or unauthorized.
The Service or Software, may experience limitations, delays, or other issues inherent in internet and electronic communications. These may include issues arising from your device, network connection, or internet service provider. Xpress shall not be held liable for any delays, delivery failures, errors, damages, or losses resulting from such circumstances beyond its reasonable control.
In no event shall Xpress, its affiliates, or its licensors be liable to you or any third party for any direct, indirect, punitive, economic, special, exemplary, incidental, or consequential damages or losses of any kind arising out of or in connection with your use of the Software, including interactions with advertisers or sponsors. Xpress does not assess, warrant, or monitor the suitability, legality, ability, movement, or location of any third-party providers, and, by availing of the Service, you expressly release Xpress from any liability related to or resulting from such interactions.
Xpress makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Software or Services. Xpress does not warrant that: (a) your use of the Software or Services will be uninterrupted, secure, error-free, or free from harmful components, or that it will function in combination with any other hardware, software, systems, or data; (b) the Software or Services will meet your needs or expectations; (c) any data stored or processed will be accurate or reliable; or (d) the quality of any goods, services, information, or materials obtained through the Platform will meet your requirements or expectations.
The Software, Services, and related content are provided strictly on an “as is” and “as available” basis. To the fullest extent permitted by law, all conditions, representations, and warranties—whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement—are expressly disclaimed.
Xpress may provide notice via the Software, electronic mail, or by written communication sent by registered mail or post.Such notice shall be deemed to have been given upon the expiration of twenty-four (24) hours after mailing or posting (if sent by physical means) or 1 hour after sending (if sent by electronic means). You may provide notice to Xpress by courier or registered mail using the contact details as provided in the Software.
You may not assign these Terms and Conditions without Xpress' prior written approval, but Xpress may assign them without your consent. Any purported assignment by you in violation of this section shall be void.
These Terms and Conditions shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction.
Any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions shall first be resolved through good-faith negotiations between the parties. Should the dispute remain unresolved after thirty (30) days, you agree to submit the matter to mediation in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) in force at the time of the commencement of the arbitration before resorting to court action. There shall be one arbitrator who shall be assigned by PDRCI, and the proceedings shall be conducted in English. The seat and venue of the arbitration shall be Pasig.
Where applicable, you agree to submit to the jurisdiction of the proper courts of Pasig City, Philippines, to the exclusion of all others.
No joint venture, partnership, employment, or agency relationship exists between You and Xpress.
You acknowledge and agree that Xpress may, at any time and without prior notice:(i) modify, suspend, or terminate the operation of the Software or any part thereof, including your account or the availability of any products or services, for any reason;
(ii) update or amend any applicable policies or terms; and
(iii) temporarily interrupt the Software or any portion of it to perform maintenance, updates, error corrections, or other necessary adjustments.
Xpress shall not be liable to provide any compensation for such suspension, interruption, or termination.
Xpress reserves the right, without prior notice and without prejudice to any other provisions, to alter, update, or remove any content on the Software. This includes, but is not limited to, details concerning product or service availability, descriptions, pricing, promotions, offers, shipping fees, and delivery timelines.
This Agreement comprises the entire agreement between you and Xpress in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, if you have entered into a separate written agreement with Xpress that expressly incorporates these Terms and Conditions by reference, these Terms and Conditions shall apply in relation to that agreement. In the event of any inconsistency or conflict between these Terms and Conditions and the provisions of the separate written agreement, you agree to cooperate with Xpress in good faith to resolve such inconsistencies.
If any provision of the Terms and Conditions is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
The failure of Xpress to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision.
