Terms and Condition
BYAHEROS EXPRESS TERMS AND CONDITIONS (STANDARD DELIVERY)

These Terms and Conditions of service constitute a legally binding contract between "Byaheros Express" and "Sender".

When availing of Byaheros Express’ delivery services you as the “Sender”, agrees, on your behalf and on behalf of the “Recipient” or of any one who with an interest in the delivery that the following Terms and Conditions will apply.
These Terms and Conditions are published both in print and electronically on the website www.byaheros.com.
Byaheros Express reserves the right without giving reasons to refuse a delivery. A refusal of delivery for whatever reason, can never give rise to any claim for damages by the Sender in respect of Byaheros Express.
Byaheros Express’ liability is strictly limited to direct loss and damage to a parcel only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought as filed complained to Byaheros Express.

- If the sender did not disclose the real item and turns out to be that of a prohibited item, Byaheros Express shall not be liable for any damages and no valuation shall be honored.

- If a sender insists on sending a “Prohibited items/”, sender must sign a waiver. A minimal valuation fee shall be applied but no claims shall be honored.

I. PACKING:

1. The sender must pack the package properly in order to protect the goods inside during the delivery process. If any loss or damage arrive due to improper packaging, the loss or damage is the responsibility of the sender.

2. Byaheros Express has the right to open and inspect a parcel without notice for safety, security, customs or other regulatory reasons. At the same manner Byaheros Express is not obliged to check each package in ensuring the goods sent do not violate the applicable law. If without the knowledge of Byaheros Express, the sender sends the items that are prohibited and restricted, the sender hereby frees Byaheros Express from all damages, losses, or other costs and demands from any party and even by laws of the country.

3. The sender must accurately declare the content and value of the package, inaccurate declaration of information regarding the package is entirely the responsibility of the sender.

II. PRICING:

1. The weight that is used as reference in billing is the actual weight or dimensional weight that has a greater value. If there is a weight increase cause by an additional packaging process carried out by Byaheros Express, then that would be the standard of the delivery cost.

III. DELIVERY SERVICE:

1. During the delivery process, Byaheros Express cannot guarantee that the entire delivery will take place smoothly and appropriately. Unforeseen events may arise beyond the control of Byaheros Express in respect to transportation (i.e Natural Disasters), in which Byaheros Express will not provide compensation for any loss and/or damage.

2. If there is no complaint from the recipient when item is delivered, the package is deemed to have been received properly and in good condition without any problem.

3. Byaheros Express prohibits the delivery of items such as corpses or its parts, living or dead animals, drugs, weapons, ammunition, flammable materials, high value non-aesthetic items, and other items prohibited and restricted by the government.

4. When handling over goods to Byaheros Express, the Sender is deemed to have read, understood and agreed to all delivery terms and conditions stated in this agreement without any coercion from any party, as well as freeing Byaheros Express from all demands or forms of compensation.

IV. CLAIMS:

1. Any complaints/claims for loss or damage must be submitted by the sender, and not by the recipient.

2. The complaint form for lost goods must be accomplished no later than 30 days from the date the Sender handed over the parcel to Byaheros Express for delivery; and for damaged goods, complaint must be filed within 7 days upon receipt of the parcel.

3. Byaheros Express does not provide an “All Risk” coverage, hence, maximum cost for claims for document is at Php500.00 and Php30, 000.00 for non-document parcel.

V. LIMITATIONS OF LIABILITIES:

1. Byaheros Express liability for damage, loss, or delay shall be as follows:

2. Delivery of the parcel will be made in accordance with the Sender’s instructions.

3. Sender shall defend, indemnify and hold harmless Byaheros Express from any loss or damage sustained directly by the Sender and from and against all claims asserted against the Sender with respect to the delivery service covered hereunder arising in whole or in part out of:

4. In no event shall Byaheros Express be liable for special, incidental or consequential damages, or for damages in the nature of penalties.

VI. NO MODIFICATIONS OR AMENDMENT UNLESS WRITTEN:

These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.

VII. FORCE MAJEURE:


Byaheros Express shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by: (a) strike, lock-out, stoppage or restraint of labour, the consequences of which Byaheros Express is unable to avoid by the exercise of reasonable diligence; or (b) any cause or event which Byaheros Express is unable to avoid, and the consequences of which Byaheros Express is unable to prevent by the exercise of reasonable diligence.
Any court action arising from this contract, the same shall be brought in the proper court of Taguig City to the exclusion of all other courts.
In addition to the agreement or written terms and conditions on this receipt, Byaheros Express cannot be prosecuted and burdened with an agreement or other legal basis except with a written agreement approved by the person in charge or authorized by Byaheros Express.

TERMS OF DELIVERY

1. The sender must pack the package properly in order to protect the goods inside during the delivery process. If any loss or damage arise due to improper packaging, the loss or damage is the responsibility of the sender.

2. The weight that is used as a reference in billing is the actual weight or dimensional weight that has a greater value. If there is a weight increase caused by an additional packaging process carried out by Byaheros Express, then that would be the standard of the delivery cost.

3. The sender must accurately declare the content and value of the package. Inaccurate declaration of information regarding the package is entirely the responsibility of the sender.

4. Byaheros Express prohibits the delivery of items such as corpses or its parts, living or dead animals, drugs, weapons, ammunition, flammable materials, high-value non-aesthetic or aesthetic items, and other items prohibited and restricted by the government.

5. Byaheros Express has the right but is not obliged to check the package in ensuring that the goods sent do not violate the applicable law. If without the knowledge of Byaheros Express, the sender sends the items that are prohibited and restricted, the sender hereby frees Byaheros Express from all damages, losses or other costs and demands from any party.

6. During the delivery process, Byaheros Express cannot guarantee that the entire delivery will take place smoothly and appropriately. Unforeseen events may arise beyond the ability of Byaheros Express from all damages, losses or other costs and demands from any party.

7. If there is no complaint from the recipient when the item is delivered, the delivery is deemed to have been received properly and in good condition without any problem.

8. Any complaints/claims for loss or damage must be submitted by the sender, and not the recipient. This must be accomplished no later than 7 (seven) days after the item is received, as shown on the receipt and/or other related documents.

9. Items and parcels that have not been claimed or have not been returned after a duration of 6 months become the property of Byaheros Express. Byaheros Express reserves the right to dispense with parcels as needed.

10. In addition to the agreement or written terms and conditions on this receipt, Byaheros Express cannot be prosecuted and burdened with an agreement or other legal basis except with a written agreement approved by the person in charge of the authorized Byaheros Express.

11. When handling over goods to Byaheros Express, the sender is deemed to have read, understood, and agreed to all delivery terms and conditions stated on this receipt without any coercion from any party, as well as freeing Byaheros Express from all demands or form of compensation.

12. Any court action arising from this contract, the same shall be brought in the proper court of Malolos City to the exclusion of all other courts.



BYAHEROS EXPRESS TERMS AND CONDITIONS (SAME DAY DELIVERY)

As a “User” of this Byaheros application, you hereby agree and conform to the following Terms of Use:

A. Personal information collected or otherwise processed by Byaheros

Definitions

1 “Byaheros' ' means Byaheros Systems Inc., a corporation duly organized and existing under and by virtue of the laws of the Philippines, with a registered office at Grand Deahl Bldg. Norberto St. San Jose San Miguel Bulacan. Byaheros is the authorized administrator of the Byaheros User’s application or program (the “Software”) in the Philippines and is engaged in the business of providing the Services to Users in the Philippines.

2 “User” means any natural or juridical person who installs a copy of the Software on a mobile device and submits a Request through the Software for Private Carrier to be performed in the Philippines.

3 “Request” has the meaning given to it in Clause 2.3 below.

4 “Private Carrier Services” means the services provided by a Freelance Operator for the account of a User, which includes the pickup, transportation and delivery of the User’s Cargo from and to stated locations in the Philippines using a booked vehicle, as well as any add-on services, pursuant to a Request.

5 “Freelance Operator” means a licensed driver, not registered as a common carrier or otherwise engaged in business as such, who has been accredited with Byaheros as part of a pool of drivers who may be willing, at his/her sole discretion, to provide Private Carrier Services to a User.

6 “Cargo” means all packages, parcels, delivery items or any part of the articles therein or contents thereof that travel under one Request.

7 “Contract” refers to the special contract of private carriage as contemplated under Philippine law which is automatically entered into between the Freelance Operator and the User upon the acceptance by the Freelance Operator of the User’s Request through the Software. The Contract covers the provision of Private Carrier Services and the fulfillment by the Freelance Operator of the terms of the Request subject to the terms and conditions expressly provided as Annex “A”.

8 “Services” means the services set out in Clause 2.4 below which are all performed by Byaheros electronically through the Software.

9 “Payment” refers to the deposit of money made by the User with Byaheros, from which deposit the fees and charges due for a Request may be deducted, and over which deposit the User has full and complete control until the total request cost is deducted as a result of a completed transaction.

10 “Privacy Policy” refers to the policy provided for the processing of the personal information of the Users, attached herein as Annex “B”.

2. Use of the Software; Byaheros’ Services

2.1 User is permitted to install a copy of the Software on User’s mobile device for use in the Philippines provided that User shall not use the Software or the Services for any commercial purposes. Other than the license to use the Software as herein provided, no other license or right is granted to the Use and ownership of the Software and all other rights are hereby expressly reserved by Byaheros. User shall not:

a. rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties;

b. modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software;

c. interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software;

d. upload or send out any kinds of computer viruses, worms, trojans, or malicious codes;

e.install and/or execute the Software on any device other than the mobile device running the operating systems approved by Byaheros.

2.2 The Software is delivered to Users on an “as is” basis and although Byaheros has used its best endeavors to make the Software work properly on mobile devices, Byaheros does not warrant the performance of the Software nor the compatibility of the Software with Users’ mobile devices.

2.3 User may use the Software to submit a proposal to engage Private Carrier Services for compensation to be determined in accordance with the prevailing “Rates” on the Software (a “Request”) and under terms and conditions provided in Annex “A”.

2.4 Byaheros provides Services to facilitate the perfection and performance of the Contract between the User and the Freelance Operators, as follows:

a. the computation and determination of the fees and charges for the fulfillment of an Request;

b. the publication of the details of a Request to eligible Freelance Operators for their acceptance;

c. upon the acceptance by a Freelance Operators of a Request, the transmission to the User of the details of the Freelance Operator who has accepted the Request;

d. where the option for payment using Gcash or COD (COD from sender / COD from recipient) is selected by the User, the confirmation of receipt of the payment of the fees and charges, for and on behalf of the Freelance Operator, which sum shall be deducted by Byaheros from the User;s Gcash of the User for the account of the Freelance Operator.

2.5 The Requests submitted through the Software are completely and independently fulfilled by the Freelance Operator pursuant to the Contract with the User. Byaheros is not a party to the Contract.

2.6 Byaheros reserves the right, but shall not be obliged, to pursue investigations and/or inquiries on the conduct and/or alleged violations by Freelance Operators based on User’s reports or complaints, and to impose appropriate penalties or consequences on the Freelance Operator, at the sole and absolute discretion of Byaheros.

3. Determination of Fees and Charges

3.1 The User will be charged the Standard Transport Fee in accordance with the prevailing “Rates” at the time of the Freelance Operator’s acceptance of the Request.

3.2 Prevailing rates are indicated in the “Rates” section on the Byaheros website or in the Software.

3.3 The fees and charges for the User’s Cargo are determined in accordance with specified maximum weight, size, distance and quantity of the delivery item/s, the vehicles used, and add-on services availed, if any, as the case may be.

3.4 Additional charges, including but not limited to toll, parking fees and such other fees and expenses which are necessary, related or incidental to effect delivery to the recipient or return of the Cargo to the User shall be for the User’s exclusive account and are not included in the Standard Transport Fee to be charged against the User.

3.5 An adjustment of the rates as well as additional charges shall likewise apply if the weight, size, or quantity of the Cargo declared by the User are different from the actual weight, size, or quantity thereof.

3.6 In the event that the Cargo is not accepted or refused by the recipient or the recipient’s representative/s, all expenses for the return of the Cargo to the User shall be shouldered by the User.

3.7 No cancellation fees are chargeable as long as a Request is cancelled and communicated within sixty (60) minutes before the start of the Request pickup time. In the event that the cancellation was made after the Request pickup time has started, Users shall be charged with the Standard Transport Fee as provided under Section 3.1.

3.8 The User shall pay the Freelance Operator in accordance with the agreed mode of payment selected through the Software upon submission of the Request.

3.10 For and in consideration for the performance of the Services, Byaheros shall be entitled to a percentage in the total fees and charges due for a Request at the rate of 10% of the total due.

4. User’s Obligations, Warranties and Undertakings

4.1 User warrants that he has the legal capacity to enter into and form contracts under Philippine laws.

4.2 By availing of Byaheros’ Services, the User conclusively agrees that the Private Carrier Services to be provided by the Freelance Operator shall be subject to the terms and conditions herein provided, those provided in Annex “A” hereof, and the Privacy Policy provided in Annex “B”.

4.3. By availing of Byaheros’ Services, the User shall provide Byaheros complete and accurate information in submitting the Request, such as the description of the delivery items included in the Cargo, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Cargo, if any, through the Software for initial determination of applicable rates.

4.4 The User warrants that he is either the owner or the authorized agent of the owner of the Cargo, and that he is authorized to accept and is accepting these Terms and Conditions not only for himself but also as agent for and on behalf of the owner of the Cargo.

4.5 User shall be responsible for the security of his account, shall safeguard any login name and password Byaheros may provide in relation to the Software and the Services and shall not disclose them to third parties, and undertakes to immediately notify Byaheros if there is any reason to believe that the security of the account has been compromised.

4.6 The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Cargo. Users shall not propose to dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Freelance Operator or the delivery vehicle.

4.7 The User is liable for any loss or damage suffered by the Freelance Operator, Byaheros or any third party as a result of User’s violation/s of herein terms and conditions and/or the Contract with the Freelance Operator.

4.8 The User agrees to hold Byaheros free and harmless from any legal liability to any third party as a result of any breach of the User’s obligations under herein terms and conditions and/or the Contract with the Freelance Operator.

4.9 The User acknowledges that, in the event the Cargo is not accepted by the designated recipient, Byaheros shall return the same to the User within the same day or whenever possible depending on the distance. If the User fails to provide a Philippine address for the return of the said Cargo or fails to accept the return of the same, Byaheros shall not be held liable for the said Cargo and may dispose the Cargo within one (1) calendar day if the Cargo is perishable or ten (10) calendar days if non-perishable from the date when Byaheros attempts to return to the User the Cargo and in any manner as Byaheros may deem fit. In addition, Byaheros shall have the right, but not the obligation, to open and inspect the Cargo during the said period before disposal. All expenses for the return of the Cargo to the User shall be shouldered by the User. Upon the lapse of the said period, the User shall be deemed to have forfeited and/or waived all rights to such Cargo, as well as any and all claims that it may have against Byaheros as a result of the return of the Cargo.

5. Disclaimer

The User hereby expressly agrees and acknowledges that:

5.1 Byaheros does not provide delivery or transportation services, and except to the extent that it provides the Services as defined herein, does not perform, manage, supervise or control the Private Carrier Services which are completely, exclusively and independently performed by the Freelance Operator.

5.2 Byaheros is a software company and is not, and does not represent itself to be, engaged in the activities of a common or private carrier or a public utility.

5.3 Byaheros does not warrant the availability of Private Carrier Services and the availability of delivery vehicles as may be requested by a User in a Request, the accuracy of the data or information provided as part of the Services, or the quality of the Private Carrier Services and the condition of the delivery vehicles provided by the Freelance Operators.

5.4. Byaheros shall not be liable to User for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to their mobile devices as a result of their installation and/or execution of the Software, or their availment of the Services or the Private Carrier Services using the Software, even if Byaheros or its representative has been advised of the possibility of such loss, damage or claim from User.

5.5. Byaheros is not the agent, principal, partner or employer of Freelance Operators or Users.

5.6. The rights, obligations and remedies between the User and Freelance Operators are set forth in their Contract, which is hereby expressly acknowledged by the User as a special contract of private carriage of goods, as contemplated under the laws of the Republic of the Philippines. Byaheros shall not be liable for any loss or damages, including any injury which a User or Freelance Operator may suffer as a result of the provision of the Private Carrier Services contracted by the User from a Freelance Operator using the Software.

6. Personal Data and Privacy

6.1 The User may be required to submit personal data to Byaheros in order to use certain functions of the Software, and the User confirms that the personal data so provided is true, correct and up to date.

6.2 The User agrees to Byaheros’ Privacy Policy and acknowledges that Byaheros is entitled to collect, use, keep, store, update and otherwise process his/her personal data to such extent, for and at such time periods, as may be necessary for Byaheros to provide the Services, fulfill its contractual obligations related to the provision of said Services. Specifically, the submitted personal data may be used for or in (a) the publication of a Request from User for acceptance by a Freelance Operator, (b) confirmation/ clarification of the Request information between the User and the Freelance Operator, (c) tracking the booked vehicles, (d) determining compliance with the terms and conditions of these Terms and Conditions, (e) addressing User complaints against the Freelance Operator, (f) verifying the truthfulness of the submitted personal data, (g) compliance with legal process and investigation, (h) and other acts or procedures which are reasonably necessary or connected with the provision of the Services.

6.3 The User agrees that Byaheros may likewise share his or her personal data with third parties, including but not limited to contractors, subcontractors, agents and corporate partners (“Third Parties”), as well as said Third Parties’ member companies, affiliates and/or service providers, as may be necessary for Byaheros to provide the Services and fulfill its contractual obligations related to the provision of said Services by Byaheros. Prior to sharing the User’s personal data, Byaheros shall provide the User the following information: (i) that the User’s personal information will be given to the relevant third party and/or its member companies, affiliates and/or service providers; (ii) the purpose of the data sharing; (iii) the categories of personal data concerned; (iv) other intended recipients or categories of recipients, such as the third party’s member companies, affiliates and/or service providers; (v) the existence of the rights of Users with respect to said personal data, including the right to access and correction and the right to object; and (vi) any other information that would sufficiently notify the Users of the nature and extent of the data sharing to be undertaken under this agreement and the third party’s subsequent processing thereof.

6.4 The User agrees that Byaheros shall not be liable for any misuse by the Freelance Operator of the User’s personal data.

6.5 The User will receive and use the Freelance Operator’s personal data ( Freelance Operator’s submitted name and contact number) for the purpose of fulfillment of the User’s Request pursuant to the obligations of the User and Freelance Operator under their relevant Contract.

6.6 The User shall not use the Freelance Operator’s personal data for any illegal acts. The User agrees that he will be liable to the Freelance Operator for any misuse of the Freelance Operator’s personal data, and he agrees to hold Byaheros free and harmless from the misuse of the Freelance Operator’s personal data.

7. Fair Use of the Software; Rules of Usage

7.1 The User shall not utilize the Software for or to promote any illegal acts.

7.2 The User shall not use the Software to produce any email advertisements or spam emails.

7.3 The User shall not use the Software in any way to track, stalk, harass or hurt any person.

7.4. The User shall not in any way interrupt/destroy the operation of the Software or the servers/network linked with the Software, or to violate the network requirements, process, or the herein terms and conditions.

7.5 The User shall not use the Software in another person’s name or use the Software with property of others without consent of its owner.

8. Confidentiality and Protection of Business Interests of Byaheros and Software Users

8.1 Byaheros owns or controls all trade secrets, proprietary information, and other Confidential Information relating to Byaheros and the Software.

8.2 “Confidential information” includes but is not limited to: the source code in respect of the mobile app, Byaheros App (the “Mobile App”), currently owned and/or operated by Byaheros in the Philippines; app contents of Byaheros; driver onboarding data operating procedures; non-public financial information; trade secrets (including but not limited to applicable rebate programs for corporate clients); business plans; copyrightable materials; operating procedures; financial information; non-public records, notes, reports, correspondences; supplier information; and proprietary information.

8.3. In the course of the use of the Software and/or provision by Byaheros of the Services, the User may become aware of trade secrets, proprietary information and other Confidential Information relating to Byaheros. User agrees that the disclosure of this information to any third party, and in particular to a competing business entity, would cause serious loss and damage to Byaheros’ business interests.

8.4. User agrees it shall not use any advantages derivable from such Confidential Information in its own business or affairs, and/or to the detriment or prejudice of Byaheros, its representatives, and/or the Freelance Operators.

9. Miscellaneous

9.1 Non-Circumvention. The User hereby agrees for himself or herself, their officers, directors, agents, associates and any related parties, that they will not, directly or indirectly, contact, deal with or otherwise become involved with the Freelance Operators, any entity or any other entities or parties introduced, directly or indirectly, by or through the other party, its officers, directors, agents or associates, for the purpose of avoiding the payment to Byaheros of profits, fees or otherwise, without the specific written approval of Byaheros.

9.2 Promotions. Byaheros reserves the exclusive right to introduce and enforce advertising and sales promotions.

9.3 Amendment. By agreeing to these Terms and Conditions, the User agrees that Byaheros may from time to time amend the terms of these Terms and Conditions by posting such amendments and additional terms and conditions on the website and/or by sending push notifications on the Mobile App. The User agrees that any such amendments on the Terms and Conditions made by Byaheros shall be binding upon him.

9.4 Entire agreement. The User acknowledges that he has read these Terms and Conditions, as may be amended from time to time, understood it and agreed to be bound by its terms, and further agrees that these Terms and Conditions, together with any document referred to herein in connection herewith, constitutes the whole agreement and is the complete and exclusive statement of the Terms and Conditions between Byaheros and the User with respect to the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the Byaheros and the User relating to the subject matter of these Terms and Conditions. No representation, promise or inducement has been made by Byaheros that is not embodied in these Terms and Conditions.

9.5 Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Philippines.

9.6 Venue of Action. In the event of any dispute, controversy, or claim arising from or relating to these Terms and Conditions, or the interpretation thereof, or any arrangements relating thereto or contemplated therein, or the breach, termination, or invalidity thereof, the parties hereto agree that venue shall be exclusively and properly set in the courts of Bulacan, Philippines.

9.7 Assignment. Byaheros reserves the right to assign any or all of its rights, duties and obligations hereunder to any third party without need of notice to or consent from the User. The User may not assign his rights and obligations under these Terms and Conditions without the prior written consent of Byaheros.

9.8 Non-waiver. Failure by Byaheros to exercise any or all of its rights hereunder, or any partial exercise thereof, shall not be construed as a waiver of such rights, and Byaheros may, at any time, exercise any or all of the rights and discretions granted to it hereunder, or by law, without having to wait for the occurrence or re-occurrence of another or similar event which gives rise to such rights.

9.9 Severability. If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.

Annex “A”

Terms and Conditions of the

Special Contract of Private Carriage of Goods

Between User and Freelance Operator

The User, by the submission of its Request using the Software and the acceptance of the computation provided by Byaheros of the fees and charges for said Request; and The Freelance Operator, by its acceptance of the Request; hereby agree to be bound by this special contract of private carriage of goods (the “Contract”), subject to the terms and conditions hereinafter provided:

1. Definitions and Interpretation

1.1 Capitalized terms used in this Contract shall bear the meaning provided under the User’s Terms and Conditions, and/or the Freelance Operator’s Terms and Conditions.

1.2 In case of conflict between the provisions of this Contract and the User’s/ Freelance Operator’s Terms and Conditions, the rights, duties and obligations and remedies between the User and Freelance Operator shall be governed by this Contract.

2. Special Contract of Private Carriage of Goods

2.1 This Contract shall take effect between the User and the Freelance Operator upon the acceptance by the Freelance Operator of the User’s Request.

2.2 For and in consideration of the payment by the User of the fees and charges as computed through the Software, the Freelance Operator shall provide the Private Carrier Services for the account of the User in accordance with the terms indicated by the User in the Request.

2.3 The User shall pay the Freelance Operator in accordance with the agreed mode of payment selected through the Software upon submission of the Request.

2.4 No cancellation fees are chargeable as long as a Request is cancelled and communicated within sixty (60) minutes before the start of the Request pickup time. In the event that the cancellation was made after the Request pickup time has started, User shall be charged with the Standard Transport Fee.

2.5 It is expressly understood that this Contract exclusively covers the carriage of goods and does not extend to the carriage of persons. On a case-to-case basis, and subject to the sole discretion of the Freelance Operator, the Freelance Operator may allow persons to be transported as accompanying persons to the Cargo upon the request of the User. The User expressly agrees that the incidental transportation of accompanying persons may be allowed by the Freelance Operator as a mere accommodation and only in cases where the accompanying persons are necessary to minimize any risk of damage or loss to the Cargo. The User expressly assumes any and all liability arising from the transportation of accompanying persons by the Freelance Operator.

2.6 The User and the Driver acknowledge that any payment to the Freelance Operator is made exclusively for the provision of Private Carrier Services and does not cover services for carrying or transporting accompanying passengers.

3. Freelance Operator’s Warranties; Duties and Obligations

3.1. The Freelance Operator warrants that he is a duly licensed driver in accordance with the laws of the Philippines, and that he is the registered owner or the authorized driver of the delivery vehicle to be used in this Contract.

3.2 The Freelance Operator undertakes to personally execute the duties and obligations of the private carrier under this Contract.

3.3 The Freelance Operator represents and warrants to the User that he has the special skills, appropriate delivery vehicle and sufficient property to perform the Private Carrier Services under this Contract and in accordance with the instructions of the User as indicated in the Request.

3.4 The Freelance Operator undertakes to faithfully comply with the Freelance Operator’s Code of Conduct and with the terms and conditions of this Contract.

3.5 The Freelance Operator shall provide any additional manpower requirements as may be indicated in the Request, and shall exercise direct supervision and control over the acts and services performed by the additional personnel provided by him.

3.6 The Freelance Operator shall provide due compensation to the additional personnel which he contracts to provide assistance to him in fulfilling the Request, and shall comply with all applicable laws in dealing with his assistants.

3.7 The Freelance Operator agrees that he may be reported by the User to Byaheros for any violation of this Contract, and after due inquiry by Byaheros, may be penalized for his violation of the terms and conditions of this Contract and that he may be off-boarded from the Software as a consequence thereof.

3.8 The Driver warrants that he is not engaged in the business of a public utility or a common carrier, and that he is not an employee, representative, agent, principal or officer of Byaheros.

3.9 The Freelance Operator shall refuse any Cargo that is or appears to be prohibited by law, dangerous or hazardous materials or substances, and radioactive material, or which may be harmful to the Freelance Operator or the delivery vehicle.

3.10 The Freelance Operator shall exercise the diligence of a good father of the family to transmit the Cargo. He shall take reasonable precaution to prevent unauthorized persons from accessing the Cargo. He shall take reasonable precaution against loss of or damage to the Cargo while in transit.

3.11 The Freelance Operator shall use reasonable effort to deliver the Cargo according to the instructions of the User and the estimated time of arrival. Freelance Operator shall not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery thereof for whatever reasons, unless the delay is directly caused by the gross negligence or fault of the Freelance Operator.

3.12 The Freelance Operator shall not be liable for any loss or damage arising from or in connection with the User’s violations of warranties and obligations as stated in the User’s Terms and Conditions or in this Contract.

3.13 The Freelance Operator shall not be liable for any delay in delivery of the Cargo, loss or damage due to force majeure, or any acts or omissions of any party other than the Freelance Operator or his agents/assistants.

4. User’s Warranties; Duties and Obligations

4.1 The User warrants that he has the legal capacity to enter into this Contract under Philippine laws.

4.2 The User conclusively agrees that the Private Carrier Services to be provided by the Freelance Operator shall be subject to this Contract.

4.3 The User acknowledges and agrees that the Freelance Operator is a private carrier, and is not a public utility or a common carrier and thus, the rules pertaining to public utilities or common carriers shall have no application to this Contract.

4.4 The User warrants that he has provided complete and accurate information in submitting the Request, such as the description of the delivery items included in the Cargo, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Cargo, if any, through the Software, and agrees that the Freelance Operator may rely upon the information provided by the User as true and correct without conducting an independent verification of the same.

4.5 The User warrants to the Driver that he is either the owner or the authorized agent of the owner of the Cargo, and that he is authorized to enter into this Contract not only for himself but also as agent for and on behalf of the owner of the Cargo.

4.6 The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Cargo. User shall not dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Freelance Operator or the delivery vehicle.

4.7 The User bears complete responsibility to ensure that the Cargo is adequately packed to protect against damage in the course of transit. It is conclusively presumed that the delivery items in the Cargo are inadequately packed if it appears to have been removed without the case, wrapper or container, or where the seal or packaging of the delivery items in the Cargo are torn or broken.

4.8 The User agrees that the Freelance Operator is not obliged to open and inspect the Cargo, and that Freelance Operator shall bear no responsibility or any legal liability resulting from the transportation of the Cargo.

4.9 The User is liable for any loss or damage suffered by the Freelance Operator or any third party as a result of User’s violation/s of this Contract.

4.10 The User agrees to hold the Freelance Operator free and harmless from any legal liability to any third party as a result of any breach of the User’s warranties, duties and obligations.

4.11 The User agrees and undertakes to indemnify the Freelance Operator against any and all assessments, liabilities, claims, suits, demands, damages, judgments, fees, costs, fines, penalties, interests and expenses of any nature whatsoever that the Freelance Operator may suffer arising out of or in connection with the transportation of accompanying persons to the Cargo upon the request of the User.

5. Miscellaneous

5.1 Freelance Operator’s Limited Liability. The liability of the Freelance Operator to the User for loss or destruction of the Cargo shall be limited to Two Thousand Pesos (PHP 2,000) for shipments where delivery is through a motorcycle and Four Thousand Pesos (PHP 3,000) for shipments where delivery is through a Sedan & SUV, Five Thousand Pesos (5,000) for shipments where delivery is through 4W/6W Closed Van and Seven Thousand Pesos (7,000) for shipments where delivery is through 6W Forward & 10W Wingvan. However; User may claim compensation from the Freelance Operator’s inland marine insurance should items/products in the Cargo be in line with this terms & contract. The User shall bear the risk of loss if he avails of the Private Carrier Services for Cargos with a value exceeding this amount. Any and all claims for any loss or destruction of the Cargos must be submitted by the User to the Freelance Operator within a period of one (1) calendar day if the Cargo is perishable and ten (10) calendar days if non-perishable from the date when the Cargo was placed in the possession of the Freelance Operator for purposes of delivery. Any claim submitted by the User beyond the ten-day period shall be deemed waived.

5.2 Entire agreement. Both parties acknowledge that they have read this Contract, understood it and agreed to be bound by its terms and further agree that this Contract, together with the terms of the relevant Request, constitutes as the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the parties relating to the subject matter of this Contract. No representation, promise or inducement has been made by either party that is not embodied in this Contract, and neither party shall be bound by or liable for any alleged representation, promise or inducement not otherwise contained in this Contract.

5.3 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the Philippines.

5.4 Venue of Action. In the event of any dispute, controversy, or claim arising from or relating to this Contract or the relevant Request, or the interpretation thereof, or any arrangements relating thereto or contemplated therein, or the breach, termination, or invalidity thereof, the parties hereto agree that venue shall be exclusively and properly set in the courts of Bulacan, Philippines.

5.5 Severability. If any provision of this Contract is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.

Annex “B”

Privacy Policy between

Byaheros and the Users

As a “User” of this Byaheros application, you hereby agree and conform to the following Terms of Use:

Definitions

1 “Byaheros' ' means Byaheros Systems Inc., a corporation duly organized and existing under and by virtue of the laws of the Philippines, with a registered office at Grand Deahl Bldg. Norberto St. San Jose, San Miguel Bulaan. Byaheros is the authorized administrator of the Byaheros User’s application or program (the “Software”) in the Philippines and is engaged in the business of providing the Services to Users in the Philippines.

2 “User” means any natural or juridical person who installs a copy of the Software on a mobile device and submits a Request through the Software for Private Carrier to be performed in the Philippines.

3 “Request” has the meaning given to it in Clause 2.3 below.

4 “Private Carrier Services” means the services provided by a Freelance Operator for the account of a User, which includes the pickup, transportation and delivery of the User’s Cargo from and to stated locations in the Philippines using a booked vehicle, as well as any add-on services, pursuant to a Request.

5 “Freelance Operator” means a licensed driver, not registered as a common carrier or otherwise engaged in business as such, who has been accredited with Byaheros as part of a pool of drivers who may be willing, at his/her sole discretion, to provide Private Carrier Services to a User.

6 “Cargo”means all packages, parcels, delivery items or any part of the articles therein or contents thereof that travel under one Request.

7 “Contract” refers to the special contract of private carriage as contemplated under Philippine law which is automatically entered into between the Freelance Operator and the User upon the acceptance by the Freelance Operator of the User’s Request through the Software. The Contract covers the provision of Private Carrier Services and the fulfillment by the Freelance Operator of the terms of the Request, subject to the terms and conditions expressly provided as Annex “A”.

8 “Services” means the services set out in Clause 2.4 below which are all performed by Byaheros electronically through the Software.

9 “Payment” refers to the deposit of money made by the User with Byaheros, from which deposit the fees and charges due for an Request may be deducted, and over which deposit the User has full and complete control until the total request cost is deducted as a result of a completed transaction.

10 “Privacy Policy” refers to the policy provided for the processing of the personal information of the Users, attached herein as Annex “B”.

2. Use of the Software; Byaheros’ Services

2.1 User is permitted to install a copy of the Software on User’s mobile device for use in the Philippines provided that User shall not use the Software or the Services for any commercial purposes. Other than the license to use the Software as herein provided, no other license or right is granted to the Use and ownership of the Software and all other rights are hereby expressly reserved by Byaheros. User shall not:

a. rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties;

b. modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software;

c. interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software;

d. upload or send out any kinds of computer viruses, worms, trojans, or malicious codes;

e.install and/or execute the Software on any device other than the mobile device running the operating systems approved by Byaheros.

2.2 The Software is delivered to Users on an “as is” basis and although Byaheros has used its best endeavors to make the Software work properly on mobile devices, Byaheros does not warrant the performance of the Software nor the compatibility of the Software with Users’ mobile devices.

2.3 User may use the Software to submit a proposal to engage Private Carrier Services for compensation to be determined in accordance with the prevailing “Rates” on the Software (an “Request”) and under terms and conditions provided in Annex “A”.

2.4 Byaheros provides Services to facilitate the perfection and performance of the Contract between the User and the Freelance Operator, as follows:

a. the computation and determination of the fees and charges for the fulfillment of an Request;

b. the publication of the details of a Request to eligible Drivers for their acceptance;

c. upon the acceptance by a Freelance Operator of a Request, the transmission to the User of the details of the Freelance Operator who has accepted the Request;

d. where the option for payment using the Gcash or COD is selected by the User, the confirmation of receipt of the payment of the fees and charges, for and on behalf of the Freelance Operator, which sum shall be deducted by Byaheros from the User’s Gcash account for the account of the Freelance Operator.

2.5 The Requests submitted through the Software are completely and independently fulfilled by the Freelance Operator pursuant to the Contract with the User. Byaheros is not a party to the Contract.

2.6 Byaheros reserves the right, but shall not be obliged, to pursue investigations and/or inquiries on the conduct and/or alleged violations by Freelance Operators based on User’s reports or complaints, and to impose appropriate penalties or consequences on the Freelance Operators, at the sole and absolute discretion of Byaheros.

3. Determination of Fees and Charges

3.1 The User will be charged the Standard Transport Fee in accordance with the prevailing “Rates” at the time of the Freelance Operator’s acceptance of the Request.

3.2 Prevailing rates are indicated in the “Rates” section on the Byaheros website or in the Software.

3.3 The fees and charges for the User’s Cargo are determined in accordance with specified maximum weight, size, and quantity of the delivery item/s, the vehicles used, and add-on services availed, if any, as the case may be.

3.4 Additional charges, including but not limited to toll, parking fees and such other fees and expenses which are necessary, related or incidental to effect delivery to the recipient or return of the Cargo to the User shall be for the User’s exclusive account and are not included in the Standard Transport Fee to be charged against the User.

3.5 An adjustment of the rates as well as additional charges shall likewise apply if the weight, size, or quantity of the Cargo declared by the User are different from the actual weight, size, or quantity thereof.

3.6 In the event that the Cargo is not accepted or refused by the recipient or the recipient’s representative/s, all expenses for the return of the Cargo to the User shall be shouldered by the User.

3.7 No cancellation fees are chargeable as long as a Request is cancelled and communicated within sixty (60) minutes before the start of the Request pickup time. In the event that the cancellation was made after the Request pickup time has started, User shall be charged with the Standard Transport Fee as provided under Section 3.1.

3.8 The User shall pay the Freelance Operator in accordance with the agreed mode of payment selected through the Software upon submission of the Request.

3.9 For and in consideration for the performance of the Services, Byaheros shall be entitled to a percentage in the total fees and charges due for a Request, pursuant to Section 3.9.

4. User’s Obligations, Warranties and Undertakings

4.1 User warrants that he has the legal capacity to enter into and form contracts under Philippine laws.

4.2 By availing of Byaheros’ Services, the User conclusively agrees that the Private Carrier Services to be provided by the Freelance Operator shall be subject to the terms and conditions herein provided, those provided in Annex “A” hereof, and the Privacy Policy provided in Annex “B”.

4.3. By availing of Byaheros’ Services, the User shall provide Byaheros complete and accurate information in submitting the Request, such as the description of the delivery items included in the Cargo, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Cargo, if any, through the Software for initial determination of applicable rates.

4.4 The User warrants that he is either the owner or the authorized agent of the owner of the Cargo, and that he is authorized to accept and is accepting these Terms and Conditions not only for himself but also as agent for and on behalf of the owner of the Cargo.

4.5 User shall be responsible for the security of his account, shall safeguard any login name and password Byaheros may provide in relation to the Software and the Services and shall not disclose them to third parties, and undertakes to immediately notify Byaheros if there is any reason to believe that the security of the account has been compromised.

4.6 The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Cargo. User shall not propose to dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Freelance Operator or the delivery vehicle.

4.7 The User is liable for any loss or damage suffered by the Freelance Operator, Byaheros or any third party as a result of User’s violation/s of herein terms and conditions and/or the Contract with the Freelance Operator.

4.8 The User agrees to hold Byaheros free and harmless from any legal liability to any third party as a result of any breach of the User’s obligations under herein terms and conditions and/or the Contract with the Freelance Operator.

4.9 The User acknowledges that he or she has full and complete control over the outstanding balance of the Gcash wallet, including the right to demand a refund of the same, until a deduction is effected with respect to the outstanding balance as a result of a completed transaction.

4.10 The User acknowledges that, in the event the Cargo is not accepted by the designated recipient, Byaheros shall return the same to the User within the same day or whenever possible depending on the distance or availability of the Freelance Operator. If the User fails to provide a Philippine address for the return of the said

Cargo or fails to accept the return of the same, Byaheros shall not be held liable for the said Cargo and may dispose the Cargo within one (1) calendar day if the Cargo is perishable or ten (10) calendar days if non-perishable from the date when Byaheros attempts to return to the User the Cargo and in any manner as Byaheros may deem fit. In addition, Byaheros shall have the right, but not the obligation, to open and inspect the Cargo during the said period before disposal. All expenses for the return of the Cargo to the User shall be shouldered by the User. Upon the lapse of the said period, the User shall be deemed to have forfeited and/or waived all rights to such Cargo, as well as any and all claims that it may have against Byaheros as a result of the return of the Cargo.

5. Disclaimer

The User hereby expressly agrees and acknowledges that:

5.1 Byaheros does not provide delivery or transportation services, and except to the extent that it provides the Services as defined herein, does not perform, manage, supervise or control the Private Carrier Services which are completely, exclusively and independently performed by the Freelance Operator.

5.2 Byaheros is a software company and is not, and does not represent itself to be, engaged in the activities of a common or private carrier or a public utility.

5.3 Byaheros does not warrant the availability of Private Carrier Services and the availability of delivery vehicles as may be requested by a User in a Request, the accuracy of the data or information provided as part of the Services, or the quality of the Private Carrier Services and the condition of the delivery vehicles provided by the Freelance Operator.

5.4. Byaheros shall not be liable to User for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to their mobile devices as a result of their installation and/or execution of the Software, or their availment of the Services or the Private Carrier Services using the Software, even if Byaheros or its representative has been advised of the possibility of such loss, damage or claim from User.

5.5. Byaheros is not the agent, principal, partner or employer of Freelance Operator or Users.

5.6. The rights, obligations and remedies between the User and Freelance Operator are set forth in their Contract, which is hereby expressly acknowledged by the User as a special contract of private carriage of goods, as contemplated under the laws of the Republic of the Philippines. Byaheros shall not be liable for any loss or damages, including any injury which a User or Freelance Operator may suffer as a result of the provision of the Private Carrier Services contracted by the User from a Freelance Operator using the Software.

6. Personal Data and Privacy

6.1 The User may be required to submit personal data to Byaheros in oder to use certain functions of the Software, and the User confirms that the personal data so provided is true, correct and up to date.

6.2 The User agrees to Byaheros’ Privacy Policy and acknowledges that Byaheros is entitled to collect, use, keep, store, update and otherwise process his/her personal data to such extent, for and at such time periods, as may be necessary for Byaheros to provide the Services, fulfill its contractual obligations related to the provision of said Services. Specifically, the submitted personal data may be used for or in (a) the publication of a Request from User for acceptance by a Freelance Operator, (b) confirmation/ clarification of the Request information between the User and the Freelance Operator, (c) tracking the booked vehicles, (d) determining compliance with the terms and conditions of these Terms and Conditions, (e) addressing User complaints against the Freelance Operator, (f) verifying the truthfulness of the submitted personal data, (g) compliance with legal process and investigation, (h) and other acts or procedures which are reasonably necessary or connected with the provision of the Services.

6.3 The User agrees that Byaheros may likewise share his or her personal data with third parties, including but not limited to contractors, subcontractors, agents and corporate partners (“Third Parties”), as well as said Third Parties’ member companies, affiliates and/or service providers, as may be necessary for Byaheros to provide the Services and fulfill its contractual obligations related to the provision of said Services by Byaheros. Prior to sharing the User’s personal data, Byaheros shall provide the User the following information: (i) that the User’s personal information will be given to the relevant third party and/or its member companies, affiliates and/or service providers; (ii) the purpose of the data sharing; (iii) the categories of personal data concerned; (iv) other intended recipients or categories of recipients, such as the third party’s member companies, affiliates and/or service providers; (v) the existence of the rights of Users with respect to said personal data, including the right to access and correction and the right to object; and (vi) any other information that would sufficiently notify the Users of the nature and extent of the data sharing to be undertaken under this agreement and the third party’s subsequent processing thereof.

6.4 The User agrees that Byaheros shall not be liable for any misuse by the Freelance Operator of the User’s personal data.

6.5 The User will receive and use the Freelance Operator’s personal data ( Freelance Operator’s submitted name and contact number) for the purpose of fulfillment of the User’s Request pursuant to the obligations of the User and Freelance Operator under their relevant Contract.

6.6 The User shall not use the Freelance Operator’s personal data for any illegal acts. The User agrees that he will be liable to the Freelance Operator for any misuse of the Freelance Operator’s personal data, and he agrees to hold Byaheros free and harmless from the misuse of the Freelance Operator’s personal data.

7. Fair Use of the Software; Rules of Usage

7.1 The User shall not utilize the Software for or to promote any illegal acts.

7.2 The User shall not use the Software to produce any email advertisements or spam emails.

7.3 The User shall not use the Software in any way to track, stalk, harass or hurt any person.

7.4. The User shall not in any way interrupt/destroy the operation of the Software or the servers/network linked with the Software, or to violate the network requirements, process, or the herein terms and conditions.

7.5 The User shall not use the Software in another person’s name or use the Software with property of others without consent of its owner.

8. Confidentiality and Protection of Business Interests of Byaheros and Software Users

8.1 Byaheros owns or controls all trade secrets, proprietary information, and other Confidential Information relating to Byaheros and the Software.

8.2 “Confidential information” includes but is not limited to: the source code in respect of the mobile app, Byaheros App (the “Mobile App”), currently owned and/or operated by Byaheros in the Philippines; app contents of Byaheros; driver onboarding data operating procedures; non-public financial information; trade secrets (including but not limited to applicable rebate programs for corporate clients); business plans; copyrightable materials; operating procedures; financial information; non-public records, notes, reports, correspondences; supplier information; and proprietary information.

8.3. In the course of the use of the Software and/or provision by Byaheros of the Services, the User may become aware of trade secrets, proprietary information and other Confidential Information relating to Byaheros. User agrees that the disclosure of this information to any third party, and in particular to a competing business entity, would cause serious loss and damage to Byaheros’ business interests.

8.4. User agrees it shall not use any advantages derivable from such Confidential Information in its own business or affairs, and/or to the detriment or prejudice of Byaheros, its representatives, and/or the Freelance Operator.

9. Miscellaneous

9.1 Non-Circumvention. The User hereby agrees for himself or herself, their officers, directors, agents, associates and any related parties, that they will not, directly or indirectly, contact, deal with or otherwise become involved with the Freelance Operator, any entity or any other entities or parties introduced, directly or indirectly, by or through the other party, its officers, directors, agents or associates, for the purpose of avoiding the payment to Byaheros of profits, fees or otherwise, without the specific written approval of Byaheros.

9.2 Promotions. Byaheros reserves the exclusive right to introduce and enforce advertising and sales promotions.

9.3 Amendment. By agreeing to these Terms and Conditions, the User agrees that Byaheros may from time to time amend the terms of these Terms and Conditions by posting such amendments and additional terms and conditions on the website and/or by sending push notifications on the Mobile App. The User agrees that any such amendments on the Terms and Conditions made by Byaheros shall be binding upon him.

9.4 Entire agreement. The User acknowledges that he has read these Terms and Conditions, as may be amended from time to time, understood it and agreed to be bound by its terms, and further agrees that these Terms and Conditions, together with any document referred to herein in connection herewith, constitutes the whole agreement and is the complete and exclusive statement of the Terms and Conditions between Byaheros and the User with respect to the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the Byaheros and the User relating to the subject matter of these Terms and Conditions. No representation, promise or inducement has been made by Byaheros that is not embodied in these Terms and Conditions.

9.5 Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Philippines.

9.6 Venue of Action. In the event of any dispute, controversy, or claim arising from or relating to these Terms and Conditions, or the interpretation thereof, or any arrangements relating thereto or contemplated therein, or the breach, termination, or invalidity thereof, the parties hereto agree that venue shall be exclusively and properly set in the courts of Bulacan, Philippines.

9.7 Assignment. Byaheros reserves the right to assign any or all of its rights, duties and obligations hereunder to any third party without need of notice to or consent from the User. The User may not assign his rights and obligations under these Terms and Conditions without the prior written consent of Byaheros.

9.8 Non-waiver. Failure by Byaheros to exercise any or all of its rights hereunder, or any partial exercise thereof, shall not be construed as a waiver of such rights, and Byaheros may, at any time, exercise any or all of the rights and discretions granted to it hereunder, or by law, without having to wait for the occurrence or re-occurrence of another or similar event which gives rise to such rights.

9.9 Severability. If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.

Annex “A”

Terms and Conditions of the

Special Contract of Private Carriage of Goods

Between User and Freelance Operator

The User, by the submission of its Request using the Software and the acceptance of the computation provided by Byaheros of the fees and charges for said Request; and The Freelance Operator, by its acceptance of the Request; hereby agree to be bound by this special contract of private carriage of goods (the “Contract”), subject to the terms and conditions hereinafter provided:

1. Definitions and Interpretation

1.1 Capitalized terms used in this Contract shall bear the meaning provided under the User’s Terms and Conditions, and/or the Freelance Operator’s Terms and Conditions.

1.2 In case of conflict between the provisions of this Contract and the User’s/Freelance Operator’s Terms and Conditions, the rights, duties and obligations and remedies between the User and Freelance Operator shall be governed by this Contract.

2. Special Contract of Private Carriage of Goods

2.1 This Contract shall take effect between the User and the Freelance Operator upon the acceptance by the Freelance Operator of the User’s Request.

2.2 For and in consideration of the payment by the User of the fees and charges as computed through the Software, the Freelance Operator shall provide the Private Carrier Services for the account of the User in accordance with the terms indicated by the User in the Request.

2.3 The User shall pay the Freelance Operator in accordance with the agreed mode of payment selected through the Software upon submission of the Request.

2.4 No cancellation fees are chargeable as long as a Request is cancelled and communicated within sixty (60) minutes before the start of the Request pickup time for motorcycles, Sedan, SUV and Van and (90) minutes before the start of the Request pickup time for L300, 4W, 6W & 10W. In the event that the cancellation was made after the Request pickup time has started, User shall be charged with the Standard Transport Fee.

2.5 It is expressly understood that this Contract exclusively covers the carriage of goods and does not extend to the carriage of persons. On a case-to-case basis, and subject to the sole discretion of the Freelance Operator, the Freelance Operator may allow persons to be transported as accompanying persons to the Cargo upon the request of the User. The User expressly agrees that the incidental transportation of accompanying persons may be allowed by the Freelance Operator as a mere accommodation and only in cases where the accompanying persons are necessary to minimize any risk of damage or loss to the Cargo. The User expressly assumes any and all liability arising from the transportation of accompanying persons by the Freelance Operator.

2.6 The User and the Freelance Operator acknowledge that any payment to the Freelance Operator is made exclusively for the provision of Private Carrier Services and does not cover services for carrying or transporting accompanying passengers.

3. Freelance Operator’s Warranties; Duties and Obligations

3.1. The Freelance Operator warrants that he is a duly licensed driver in accordance with the laws of the Philippines, and that he is the registered owner or the authorized driver of the delivery vehicle to be used in this Contract.

3.2 The Freelance Operator undertakes to personally execute the duties and obligations of the private carrier under this Contract.

3.3 The Freelance Operator represents and warrants to the User that he has the special skills, appropriate delivery vehicle and sufficient property to perform the Private Carrier Services under this Contract and in accordance with the instructions of the User as indicated in the Request.

3.4 The Freelance Operator undertakes to faithfully comply with the Freelance Operator’s Code of Conduct and with the terms and conditions of this Contract.

3.5 The Freelance Operator shall provide any additional manpower requirements as may be indicated in the Request, and shall exercise direct supervision and control over the acts and services performed by the additional personnel provided by him.

3.6 The Freelance Operator shall provide due compensation to the additional personnel which he contracts to provide assistance to him in fulfilling the Request, and shall comply with all applicable laws in dealing with his assistants.

3.7 The Freelance Operator agrees that he may be reported by the User to Byaheros for any violation of this Contract, and after due inquiry by Byaheros, may be penalized for his violation of the terms and conditions of this Contract and that he may be off-boarded from the Software as a consequence thereof.

3.8 The Freelance Operator warrants that he is not engaged in the business of a public utility or a common carrier, and that he is not an employee, representative, agent, principal or officer of Byaheros.

3.9 The Freelance Operator shall refuse any Cargo that is or appears to be prohibited by law, dangerous or hazardous materials or substances, and radioactive material, or which may be harmful to the Freelance Operator or the delivery vehicle.

3.10 The Freelance Operator shall exercise the diligence of a good father of the family to transmit the Cargo. He shall take reasonable precaution to prevent unauthorized persons from accessing the Cargo. He shall take reasonable precaution against loss of or damage to the Cargo while in transit.

3.11 The Freelance Operator shall use reasonable effort to deliver the Cargo according to the instructions of the User and the estimated time of arrival. Freelance Operators shall not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery thereof for whatever reasons, unless the delay is directly caused by the gross negligence or fault of the Freelance Operator.

3.12 The Freelance Operator shall not be liable for any loss or damage arising from or in connection with the User’s violations of warranties and obligations as stated in the User’s Terms and Conditions or in this Contract.

3.13 The Freelance Operator shall not be liable for any delay in delivery of the Cargo, loss or damage due to force majeure, or any acts or omissions of any party other than the Freelance Operator or his agents/assistants.

3.14 The Freelance Operator is responsible for the payment of the commission percentage for each successful Request made every month. Since Byaheros does not auto debit its commission from the Freelance Operator’s wallet, Freelance operator shall make the deposit to Byaheros official bank account or other means requested by Byaheros.

4. User’s Warranties; Duties and Obligations

4.1 The User warrants that he has the legal capacity to enter into this Contract under Philippine laws.

4.2 The User conclusively agrees that the Private Carrier Services to be provided by the Freelance Operator shall be subject to this Contract.

4.3 The User acknowledges and agrees that the Freelance Operator is a private carrier, and is not a public utility or a common carrier and thus, the rules pertaining to public utilities or common carriers shall have no application to this Contract.

4.4 The User warrants that he has provided complete and accurate information in submitting the Request, such as the description of the delivery items included in the Cargo, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Cargo, if any, through the Software, and agrees that the Freelance Operator river may rely upon the information provided by the User as true and correct without conducting an independent verification of the same.

4.5 The User warrants to the Freelance Operator that he is either the owner or the authorized agent of the owner of the Cargo, and that he is authorized to enter into this Contract not only for himself but also as agent for and on behalf of the owner of the Cargo.

4.6 The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Cargo. User shall not dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Freelance Operator or the delivery vehicle.

4.7 The User bears complete responsibility to ensure that the Cargo is adequately packed to protect against damage in the course of transit. It is conclusively presumed that the delivery items in the Cargo are inadequately packed if it appears to have been removed without the case, wrapper or container, or where the seal or packaging of the delivery items in the Cargo are torn or broken.

4.8 The User agrees that Freelance Operator is not obliged to open and inspect the Cargo, and that Freelance Operator shall bear no responsibility or any legal liability resulting from the transportation of the Cargo.

4.9 The User is liable for any loss or damage suffered by the Freelance Operator or any third party as a result of User’s violation/s of this Contract.

4.10 The User agrees to hold the Freelance Operator free and harmless from any legal liability to any third party as a result of any breach of the User’s warranties, duties and obligations.

4.11 The User agrees and undertakes to indemnify the Freelance Operator against any and all assessments, liabilities, claims, suits, demands, damages, judgments, fees, costs, fines, penalties, interests and expenses of any nature whatsoever that the Freelance Operator may suffer arising out of or in connection with the transportation of accompanying persons to the Cargo upon the request of the User.

5. Miscellaneous

5.1 Freelance Operator’s Limited Liability. The liability of the Freelance Operator to the User for loss or destruction of the Cargo shall be limited to Two Thousand Pesos (PHP 2,000) for cargo where delivery is through a motorcycle and Three Thousand Pesos (PHP 4,000) for shipments where delivery is through a Sedan & SUV, Five Thousand Pesos (5,000) for shipments where delivery is through 4W & 6W Trucks & Seven Thousand Pesos (7,000) for shipments where delivery is through a 6W Forward or 10W Wing Van. User however may be compensated a larger amount but may not be monetary through claims from the Freelance Operator’s marine inland insurance policy. The User shall bear the risk of loss if he avails of the Private Carrier Services for Cargo with a value exceeding this amount. Any and all claims for any loss or destruction of the Cargo must be submitted by the User to the Freelance Operator within a period of one (1) calendar day if the Cargo is perishable and ten (10) calendar days if non-perishable from the date when the Cargo was placed in the possession of the Freelance Operator for purposes of delivery. Any claim submitted by the User beyond the ten-day period shall be deemed waived.

5.2 Entire agreement. Both parties acknowledge that they have read this Contract, understood it and agreed to be bound by its terms and further agree that this Contract, together with the terms of the relevant Request, constitutes as the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the parties relating to the subject matter of this Contract. No representation, promise or inducement has been made by either party that is not embodied in this Contract, and neither party shall be bound by or liable for any alleged representation, promise or inducement not otherwise contained in this Contract.

5.3 Governing Law. This Contract shall be governed by and construed in accordance with the laws of the Philippines.

5.4 Venue of Action. In the event of any dispute, controversy, or claim arising from or relating to this Contract or the relevant Request, or the interpretation thereof, or any arrangements relating thereto or contemplated therein, or the breach, termination, or invalidity thereof, the parties hereto agree that venue shall be exclusively and properly set in the courts of Bulacan, Philippines.

5.5 Severability. If any provision of this Contract is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.

By agreeing to the terms and conditions of this Privacy Policy (For Users and Freelance Operators), the User and/or Freelance Operator expressly consents to the collection, use, disclosure and all other forms of processing of his/her personal data as provided in this Privacy Policy (For Users and Freelance Operator).

A. Personal information collected or otherwise processed by Byaheros

Byaheros collects and processes personal data from or pertaining to the User and/or Freelance Operator when the User and/or Freelance Operator registers on the Website, downloads or registers through the Byaheros App, is accredited as a Freelance Operator by Byaheros, or avails of Byaheros’ services whether through the Website or the Byaheros App in order to avail of Private Carrier Services from Freelance Operator or provide Private Carrier Services to Users.

Such personal data from or pertaining to the User are as follows:

Such personal data from or pertaining to the Freelance Operator are as follows:

Users and Freelance Operator accept that Byaheros or its authorized service providers, third party vendors, contractors, subcontractors, agents and corporate partners (“Third Parties”), as well as said Third Parties’ member companies, affiliates and/or service providers, may use cookies to store information on the Users and Freelance Operator in order to provide Users and Freelance Operator with a customized and more efficient experience in accessing or using the Website and/or the Byaheros App.

If a User and/or Freelance Operator provides the personal data of a third party to Byaheros, the User or Freelance Operator warrants that the required consent from the third party concerned was secured by the User and/or Freelance Operator prior to providing the personal data pertaining to said third party to Byaheros.

B. Purpose of collection and other processing of personal information by Byaheros

Byaheros collects and otherwise processes the above personal data for the following purposes:

C. Byaheros’ processing of Users’ and Freelance Operator’s personal information

Apart from collecting Users’ and Freelance Operators personal data, Byaheros shall engage in all other forms of processing, such as recording, organization, storage, updating, modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of personal data.

Byaheros’ processing may be performed manually or through automated means.

D. Sharing of Freelance Operators personal information by Byaheros

Byaheros may share Users’ and Freelance Operators’ personal data to third parties for the fulfillment of any of the purposes enumerated above or, in extraordinary circumstances, when Byaheros believes that the sharing of such personal data is necessary to prevent a threat to the life or health of another. Such third parties include but are not limited to the following:

In all instances where the sharing of personal data is for commercial purposes, Byaheros shall ensure that the same is covered by a data sharing agreement which shall establish, or oblige the Personal Information Controller (“PIC”) or Personal Information Processor (“PIP”) to whom the User’s and Freelance Operator’s personal data will be shared to establish, organizational, physical and technical safeguards for data privacy and security no less than those provided in this Privacy Policy (For Users and Drivers), which in all instances shall comply with the DPA, the DPA IRR, issuances of the NPC and other applicable laws and regulations on data privacy.

Before a User’s and Freelance Operator’s personal data is shared, Byaheros shall obtain the User’s and Freelance Operator’s consent and provide the Freelance Operator with the following information:

E. Outsourcing by Byaheros of the processing of Users’ and Freelance Operator’s personal information

Byaheros may engage a third party to process Freelance Operators personal data. Such engagement will be covered by an outsourcing agreement mandating said third party to put in place the organizational, physical and technical measures no less than those provided in this Privacy Policy (For Users and Freelance Operator), which in all instances shall comply with the DPA, the DPA IRR, issuances of the NPC and other applicable laws and regulations on data privacy.

Byaheros guarantees that it will not sell Users’ and Freelance Operators’ personal data.

F. Byaheros’ storage and retention of Users’ and Freelance Operators personal data

Users’ and Freelance Operators’ personal data collected or otherwise processed by Byaheros shall be stored in secure online storage platforms, protected cloud infrastructure and on-site drives of Byaheros. Users’ and Freelance Operators’ personal data collected or otherwise processed by Byaheros shall be stored in secure online storage platforms, protected cloud infrastructure and on-site drives of Byaheros which are only accessible to Byaheros employees. Byaheros uses industry-standard encryption to provide protection for the information and requires users and drivers to verify their identity through their log-in username and password before they can amend information on their accounts. Physical copies of said personal data, if any, shall be stored in Byahero’s offices in secure and monitored rooms accessible only to duly authorized personnel.

Byaheros will retain Users’ and Freelance Operators’ personal data for as long as the purposes for which they are being processed are not accomplished.

G. Users’ and Freelance Operators’ access to their personal information

Users and Freelance Operators who wish to access their personal data collected or otherwise processed by Byaheros may e-mail Byaheros Data Protection Officer (“DPO”), through his/her e-mail below, to request copies of said personal data or acquire information on Byaheros use, sharing, other disclosure or other processing of the said data within a particular period.

Byaheros shall, however, require proof of a User’s or Freelance Operator’s identity before granting access to said information. Byaheros reserves the right to take reasonable measures to further confirm a Freelance Operator’s identity before granting access.

Byaheros reserves the right to charge a reasonable fee for the retrieval and reproduction of the Freelance Operator’s personal data or information on Byaheros’ use, sharing, other disclosure or other processing of the Freelance Operators personal data within the requested period.

H. Other rights of the Users and Freelance Operators as data subjects

Users and Freelance Operators have the right to correct, update or otherwise modify their personal data as collected and processed by Byaheros. Users and Freelance Operators may correct, update or otherwise modify such personal data by accessing their account through the Website or the Byaheros App.

Users and Freelance Operators also have the right to withdraw their consent to the processing of their personal data, object thereto and/or demand that said data be erased from Byaheros’ records. The Users and Freelance Operators understand that the withdrawal of their consent, objection to Byaheros’ processing and/or demand for erasure may mean that Byaheros may be unable to provide its services to the Freelance Operators withdrawing such consent, objecting to Byaheros’ processing or demanding erasure of their personal data from Byaheros’ records.

To exercise any of the above rights, Users and Freelance Operators may email Byaheros’DPO, through his/her e-mail below. If Byaheros is unable or unwilling to acknowledge these rights or give them due course, Users and Freelance Operators may file a complaint before the NPC.

I. Byaheros protection of Users’ and Freelance Operators’ personal data

Byaheros implements the organizational, physical and technical measures provided in the DPA, DPA IRR, issuances of the NPC and other applicable laws or regulations on data privacy for the protection of Freelance Operator’s personal data. Byaheros restricts access of its employees, other than those specifically authorized, to Users’ and Freelance Operators’ personal information.

Byaheros employs a dedicated information technology team to protect its Users’ and Freelance Operators’ personal data. Byaheros maintains technological safeguards to prevent unauthorized access to Freelance Operator’s personal data. Byaheros ensures that credit card information is processed by PCI-certified merchants/payment providers.

Byaheros undertakes to constantly assess and improve upon its data protection measures to ensure the safety and integrity of the personal data it processes.

For complaints, queries or concerns regarding Byaheros’ processing of Users’ or Freelance Operators’ personal data, Users or Freelance Operators may contact:

Jerome Punzalan
Data Protection Officer of Byaheros Express, Inc.
(945) 9900533
jerome.punzalan@byaheros.com

This Privacy Policy (For Users and Freelance Operators) may be updated from time to time. Please refer to this page to be informed of any changes to this Privacy Policy (For Users and Freelance Operators).

This Privacy Policy (For Users and Freelance Operators) was last updated on April 23 2020 .

BYAHEROS EXPRESS TERMS AND CONDITIONS
(STANDARD DELIVERY)

These Terms and Conditions of service constitute a legally binding contract between "Byaheros Express" and "Sender".

When availing of Byaheros Express’ delivery services you as the “Sender”, agrees, on your behalf and on behalf of the “Recipient” or of any one who with an interest in the delivery that the following Terms and Conditions will apply.

These Terms and Conditions are published both in print and electronically on the website www.byaheros.com.

Byaheros Express reserves the right without giving reasons to refuse a delivery. A refusal of delivery for whatever reason, can never give rise to any claim for damages by the Sender in respect of Byaheros Express.

Byaheros Express’ liability is strictly limited to direct loss and damage to a parcel only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought as filed complained to Byaheros Express.

I. PACKING:

1. The sender must pack the package properly in order to protect the goods inside during the delivery process. If any loss or damage arrive due to improper packaging, the loss or damage is the responsibility of the sender.

2. Byaheros Express has the right to open and inspect a parcel without notice for safety, security, customs or other regulatory reasons. At the same manner Byaheros Express is not obliged to check each package in ensuring the goods sent do not violate the applicable law.
If without the knowledge of Byaheros Express, the sender sends the items that are prohibited and restricted, the sender hereby frees Byaheros Express from all damages, losses, or other costs and demands from any party and even by laws of the country.

3. The sender must accurately declare the content and value of the package, inaccurate declaration of information regarding the package is entirely the responsibility of the sender.

II. PRICING:

1. The weight that is used as reference in billing is the actual weight or dimensional weight that has a greater value. If there is a weight increase cause by an additional packaging process carried out by Byaheros Express, then that would be the standard of the delivery cost.

III. DELIVERY SERVICE:

1. During the delivery process, Byaheros Express cannot guarantee that the entire delivery will take place smoothly and appropriately. Unforeseen events may arise beyond the control of Byaheros Express in respect to transportation (i.e Natural Disasters), in which Byaheros Express will not provide compensation for any loss and/or damage.

2. If there is no complaint from the recipient when item is delivered, the package is deemed to have been received properly and in good condition without any problem.

3. Byaheros Express prohibits the delivery of items such as corpses or its parts, living or dead animals, drugs, weapons, ammunition, flammable materials, high value non-aesthetic items, and other items prohibited and restricted by the government.

4. When handling over goods to Byaheros Express, the Sender is deemed to have read, understood and agreed to all delivery terms and conditions stated in this agreement without any coercion from any party, as well as freeing Byaheros Express from all demands or forms of compensation.

IV. CLAIMS:

1. Any complaints/claims for loss or damage must be submitted by the sender, and not by the recipient.

2. The complaint form for lost goods must be accomplished no later than 30 days from the date the Sender handed over the parcel to Byaheros Express for delivery; and for damaged goods, complaint must be filed within 7 days upon receipt of the parcel.

3. Byaheros Express does not provide an “All Risk” coverage, hence, maximum cost for claims for document is at Php500.00 and Php30, 000.00 for non-document parcel.

V. LIMITATIONS OF LIABILITIES:

1. Byaheros Express liability for damage, loss, or delay shall be as follows:
A. For Lost or Damaged with Declared value: Limited to Goods Value declared on the official receipt and Freight fee only.
B. For Lost or Damaged without Declared Value: Limited only to Freight fee only regardless the value of goods.
C. For Successful Delivery with Damaged item: Limited only to the declared value of Goods based on the official receipt.
D. For Partial Damaged item: Limited only to the declared value of Goods divided by the total number of delivered items, to get the cost per item, multiplied to the number of damaged item/s.

2. Delivery of the parcel will be made in accordance with the Sender’s instructions.

3. Sender shall defend, indemnify and hold harmless Byaheros Express from any loss or damage sustained directly by the Sender and from and against all claims asserted against the Sender with respect to the delivery service covered hereunder arising in whole or in part out of:
a. Failure of the Sender to follow specifications, instructions, warnings, or recommendations furnished by Byaheros Express
b. Failure of the Sender to provide true and correct information, especially in the Airway bill, of the real names and accurate address of the Sender and the recipient; as well as the factual contents and declared value of parcels delivered.

4. In no event shall Byaheros Express be liable for special, incidental or consequential damages, or for damages in the nature of penalties.

VI. NO MODIFICATIONS OR AMENDMENT UNLESS WRITTEN:

These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.

VII. FORCE MAJEURE:

Byaheros Express shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by: (a) strike, lock-out, stoppage or restraint of labour, the consequences of which Byaheros Express is unable to avoid by the exercise of reasonable diligence; or (b) any cause or event which Byaheros Express is unable to avoid, and the consequences of which Byaheros Express is unable to prevent by the exercise of reasonable diligence.

Any court action arising from this contract, the same shall be brought in the proper court of Taguig City to the exclusion of all other courts.

In addition to the agreement or written terms and conditions on this receipt, Byaheros Express cannot be prosecuted and burdened with an agreement or other legal basis except with a written agreement approved by the person in charge or authorized by Byaheros Express.

TERMS OF DELIVERY

1. The sender must pack the package properly in order to protect the goods inside during the delivery process. If any loss or damage arise due to improper packaging, the loss or damage is the responsibility of the sender.

2. The weight that is used as a reference in billing is the actual weight or dimensional weight that has a greater value. If there is a weight increase caused by an additional packaging process carried out by Byaheros Express, then that would be the standard of the delivery cost.

3. The sender must accurately declare the content and value of the package. Inaccurate declaration of information regarding the package is entirely the responsibility of the sender.

4. Byaheros Express prohibits the delivery of items such as corpses or its parts, living or dead animals, drugs, weapons, ammunition, flammable materials, high-value non-aesthetic or aesthetic items, and other items prohibited and restricted by the government.

5. Byaheros Express has the right but is not obliged to check the package in ensuring that the goods sent do not violate the applicable law. If without the knowledge of Byaheros Express, the sender sends the items that are prohibited and restricted, the sender hereby frees Byaheros Express from all damages, losses or other costs and demands from any party.

6. During the delivery process, Byaheros Express cannot guarantee that the entire delivery will take place smoothly and appropriately. Unforeseen events may arise beyond the ability of Byaheros Express from all damages, losses or other costs and demands from any party.

7. If there is no complaint from the recipient when the item is delivered, the delivery is deemed to have been received properly and in good condition without any problem.

8. Any complaints/claims for loss or damage must be submitted by the sender, and not the recipient. This must be accomplished no later than 7 (seven) days after the item is received, as shown on the receipt and/or other related documents.

9. Items and parcels that have not been claimed or have not been returned after a duration of 6 months become the property of Byaheros Express. Byaheros Express reserves the right to dispense with parcels as needed.

10. In addition to the agreement or written terms and conditions on this receipt, Byaheros Express cannot be prosecuted and burdened with an agreement or other legal basis except with a written agreement approved by the person in charge of the authorized Byaheros Express.

11. When handling over goods to Byaheros Express, the sender is deemed to have read, understood, and agreed to all delivery terms and conditions stated on this receipt without any coercion from any party, as well as freeing Byaheros Express from all demands or form of compensation.

12. Any court action arising from this contract, the same shall be brought in the proper court of Malolos City to the exclusion of all other courts.