Green GSM - Terms and Policies

Welcome to the online information page greengsm.ph and Green GSM Application of Green and Smart Mobility Philippines Inc. (herein, “Green and Smart Mobility” or “Green GSM”). 1. GENERAL RULES 1.1. Before installing and utilizing the Application to request any Service, please read and review the terms and conditions carefully. By using the Service (as defined), you agree to have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service (as defined below) constitute a legally binding agreement (“Agreement”) between you and Green and Smart Mobility. The Agreement applies to your use of the Service provided by Green GSM If you do not agree to the Terms of Service, please do not use or continue using the Application (as defined) or the Service. 1.2. Green GSM may amend the terms in the Agreement at any time without prior ontice. These amendments and supplements published by GSM, shall be effective once they are posted at greengsm.ph and/or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments. 1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country”), please review the Terms of Service applicable in the Alternate Country regularly at greengsm.ph as they may differ from those in the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Service applicable in the country. 2. DEFINITIONS In these Terms of Service, the following words shall have the meanings ascribed below: 2.1. “Green GSM” shall mean Green and Smart Mobility Philippines Inc., a corporation duly organized and registered under the laws of the Philippines on 24 January 2025, with SEC Certificate of Registration No. 2025010185505-22; 2.2. “Terms of Service” refers to the Terms and Conditions governing the use of the Green GSM Application, including its amendments and supplements, policies concerning the Services, and the regulations for service usage. These encompass the Rules of Conduct as published by Green GSM periodically on the website greengsm.ph and/or within the Green GSM Application. 2.3. “Service” means transportation or other offerings provided by Green GSM or Green GSM’s Drivers that are connected through the Application. 2.4. “User” means any person using the Application to search for and/or use the Service; 2.5. “Customer” means any person who directly uses the Service, including both the User and any person authorized by the User to search for and use the Services as requested through the User Account; 2.6. “Driver” refers to an individual who work for Green GSM and is qualified to provide Services to Users in accordance with the applicable laws; 2.7. “Application” pertains the Green GSM Application installed on a mobile device, managed, and operated by GSM, allowing Users to access to use/order the Service; 2.8. “User Account” means the User’s Application usage account created and activated by the User on the Application; 2.9. “Driver Account” refers to the Driver’s Application usage account created and activated on the Application. 3. REPRESENTATIONS, WARRANTIES, AND UNDERTAKINGS 3.1. By using the Platform, you represent, warrant, and undertake that: (i) You have legal capacity as required by law to accept and adhere to the Terms of Service; (ii) You ensure to provide true, accurate, not misleading, current, and complete information as required for the Service, and ensure that the information provided to Green GSM remains updated, accurate, and complete; (iii) Use the Application solely for lawful purposes; (iv) Refrain from granting access rights to the User Account/Driver Account to any other individual, including the transfer of the User Account/Driver Account or information of the User Account/Driver Account or related information to any third party; (v) Verify the compatibility of the Application for installation on your mobile device. 3.2. By using the Service, you represent, warrant, and undertake to: (i) Refrain from using the Application to send or store any unauthorized materials or information, engage in fraudulent activities; to annoy, harass others, make fake service bookings, or violate any prevailing laws of the Philippines; (ii) Use information of GSM, Drivers, or Users solely for the purpose of using the Service (if You are a User) or providing the Service (if You are a Driver); (iii) Avoid engaging in actions, whether intentionally or unintentionally, that may cause damage to the Application, tarnish the brand reputation, or cause har to the property of GSM, Drivers, and/or Users; (iv) Assume full responsibility for safeguarding and securing your User Account/Driver Account password or any identification method provided by Green GSM for the use of the Application; (v) Furnish Green GSM with any necessary proof of identity for creating a User Account/Driver Account and facilitating the Service; (vi) Provide accurate, timely, and complete information. Green GSM reserves the right to terminate service provision and use of the Services without notice in case of non-compliance; (vii) Abstain from deceptive actions to gain illegal benefits in events or promotional activities organized by GSM; (viii) Avoid multiple consecutive trip cancellations; (ix) Acknowledge that Green GSM reserves the right to block or deny access to the User Account or features within the Application in the event of any violation of the Terms of Service or Philippine laws, without prejudice to Green GSM’s other rights and remedies; (x) Cover telecommunications fees in accordance with your service provider’s policies when using the Service through the Application; (xi) Adhere to Green GSM’s information security policy when using the Application, Services, and/or integrated features; (xii) Take full responsibility for you safety while providing and/or using the Service, undertaking necessary precautions to ensure safety; (xiii) Accept full legal responsibilities and liabilities for any losses or damages incurred by yourself, Drivers, Green GSM, Green GSM’s personnel, or third parties due to violations of laws or this Terms of Service. 4. PAYMENT 4.1. When you have completed using the Service, you are obligated to make full payment to the Driver and Green GSM by selecting one of the available payment methods on the Application. Any payments made under this option are non-refundable. 4.2. You have the option to pay Drivers and Green GSM for the provision of the Services rendred in cash, through credit or debit card (“Card”), or any other designated payment method within the Application. 4.3. If you choose to pay by Card, you must register a valid Card in accordance with the Application’s regulations. You agree that Green GSM reserves the right to verify and approve your Card information during registration with Green GSM and when You use the Services. 4.4. If the Card payment is processed abroad, you will be responsible for any associated costs. 4.5. Green GSM reserves the right to decline any Card payment transaction within the Application in case of transaction errors resulting in payment refusal by the Card issuer, suspected of fraudulent use, illegal activities, or violations of the Terms of Service by you. 4.6. It is your responsibility to address disputes with the Card issuer independently. 5. TAXES You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges, and costs, regardless of their designation, that may be applicable at any given time. You are responsible for complaying with all relevant laws and for taking all necessary actions to facilitate, enable, assist, or defend Green GSM in claiming or verifying any input tax credit, offset, rebate, or refund in respect to any taxes paid or to be paid in connection with the Service. 6. CANCELLATION 6.1. Unless stated otherwise in any Green GSM Policy, you may cancel your request for transportation services before starting your ride with the Driver assigned through the Service. 6.2. The Driver reserves the right to cancel or refuse any Service request if fulfilling it would, in the Driver’s reasonable judgment, compromise safety or violate applicable regulations. This includes but not limited to situations where the Customer does not show up to the pick-up location and cannot be contacted, number of passengers exceeds the vehicle’s legal or manufacturer-specified capacity, any passenger refuses to wear required safety gear (such as seatbelts), or any conduct or condition presents a risk to the safety of the Driver, passengers, or vehicle. You acknowledge and accept that failure to comply with these safety and capacity requirements may result in cancellation of the Service request without any liability to Green GSM or the Driver. 6.3. In the event of a cancellation, Green GSM may provide a refund where appropriate, taking into account the circumstances of the cancellation and these Terms. Approved refunds will be issued via reasonable method as determined by Green GSM. Refunds shall be subject to applicable law. 7. PROMOTION 7.1. GSM, may offer promotions with different features and different prices to any User. These promotional offers are subject to these Terms of Service and shall take effect only for certain Users as indicated in the offer. Participation in the promotion is optional. 7.2. If you choose to participate, you agree that the promotion: (i) Can only be used in accordance with the terms of the promotional program; (ii) May not be reproduced, sold, or transferred in any way or made available to the public, unless expressly permitted by GSM; (iii) Not convertible to cash or cash equivalent; (iv) Not valid after the expiration date stated in the promotion. 8. RATINGS Customers have the opportunity to rate the Drivers based on the quality of the provided Service. Each rating will be recorded automatically in Green GSM’s system, and Green GSM reserves to analyse all received ratings. 9. LICENSE GRANT AND RESTRICTIONS AND INTELLECTUAL PROPERTY OWNERSHIP 9.1. If you are a Driver, when applicable, Green GSM and Green GSM’s licensors (if any) grant you a revocable, non-exclusive, non-transferable license, personal, limited to the use of the application for the purpose of using the Service on the basis of these Terms of Service. Your rights are restricted to the use of the Intellectual Property granted within the Application and Services. 9.2. Only Green GSM and Green GSM’s licensors (if any) hold the intellectual property rights and related rights to the Application and any associated supporting software (“Intellectual Property”). The provisions of these Terms of Service do not constitute an agreement to trade, assign, or transfer to you any ownership or interest in the Application, supporting software, or any other intellectual property rights owned, maintained, held by GSM. 9.3. When the Agreement between Green GSM and the Driver terminates for any reason, the Driver is not allowed to use uniforms, helmet, or any property (even if owned by the Driver) associated with Green GSM’s intellectual property (brand, logo, etc.) for activities that may cause confusion indicating that the Driver is still connected/associated with Green GSM (e.g., transportation business activities) or any other activities that may have negative impacts on Green GSM’s brand. 9.4. The contents of these Terms of Service do not constitute an agreement to transfer or assign to the Customer any ownership rights of the Green GSM’s trademarks, logos, the Services’ logos, or the Application’s logos. 10. DATA PRIVACY AND DATA PROTECTION POLICY 10.1. Green GSM collects and processes your personal data in accordance with its Privacy Policy. The Privacy Policy applies to all of Green GSM’s Service, and its terms are made a part of this Agreement by reference. 10.2. By agreeing to this, where applicable, you agree and consent to Green GSM, its subsidiaries, and any affiliatef companies collecting, using, processing, and disclosing personal data as outlined in Green GSM’s Privacy Policy. 10.3. You acknowledge that Green GSM may disclose personal data of other individuals to you in the course of your use of Green GSM’s Service. You agree, confirm, represent and warrant that you will use such personal data solely for the purpose for which it was shared with you by GSM, and not for any unauthorized purposes. 10.4. You agree not to misuse or disclose any non-public information you may access in connection with your use of the Service. This includes personal data of Drivers, internal features of the Application not intended for public use, or other confidential information shared with you as part of using the Service. You must use such information only for lawful purposes related to your use of the Service and must not share it with third parties, except as permitted by law. 10.5.The obligations of confidentiality outlined above shall not apply if you can demonstrate that the relevant information: (i) was already in your possession at the time of receipt; (ii) is, or becomes public knowledge in the future through no fault or omission on your part; (iii) was received/obtained from a third party authorized to disclose it; or (iv) is mandated to be disclosed by law. 11. DISCLAIMER OF WARRANTIES 11.1. Green GSM does not make any express or implied warranties regarding the accuracy, availability, suitability, or uninterrupted operation of the Service, including any offers or promotions. To the fullest extent permitted by law, Green GSM disclaims all warranties not expressly stated in these Terms, except where such disclaimers are prohibited by applicable law. 11.2. Green GSM does not represent, warrant, or guarantee that: (i) The Application and its related support software will be free of bugs, defects, or errors. (ii) The quality of any product, service, information, gift, or offer you purchase or acquire through the Application will fully meet your requirements or expectations. (iii) The Service and the Application will fully meet your requirements or expectations. (iv) The Application and/or the server(s) on which the Application operates will be free of viruses or other harmful components. (v) The use of the Service on the Application and/or other supporting software will be safe, timely, uninterrupted, or bug-free, or be compatible with any other hardware, software, system, or data. 11.3. Green GSM will not be liable in the following cases: (i) Losses incurred by you due to inability to access and use the Application for the following reasons: - Inability to access and use the application due to Internet connection error. - Hardware or software failures beyond the Green GSM’s control. (ii) Losses resulting from Internet network errors, machine failure, or system maintenance errors. 12. INTERNET DELAYS The Service offered and provided through the Application may be subject to limitations, delays, and other issues due to internet or electronic communication-related factors, such as faulty equipment used by you or the Drivers, lack of connection, out of coverage, being turned off or being inactive. Green GSM will not be liable and will be fully exempted from liability for damages or losses arising from these issues. 13. LIMITATION OF LIABILITY 13.1. Unless stated otherwise, and to the fullest extent permitted by law, any claims against Green GSM by you shall be limited to the aggregate amount of all payments made by you for utilising the Service during the event giving rise to such claims, excluding liability for death, personal injury, or loss caused by Green GSM’s negligence, fraud, or willful misconduct. 13.2. GSM shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, loss of data, or loss of business opportunity, unless caused by GSM’s gross negligence or willful misconduct. 13.3. You acknowledge that GSM is responsible for the actions of its employees, including Partners, while acting within the scope of their employment. GSM does not warrant uninterrupted availability of the Service or that it will be error-free, but it will use reasonable efforts to resolve any issues that arise. 14. INDEMNIFICATION 14.1. By agreeing to the Terms of Service when use the Application, you agree to indemnify and hold GSM, its licensors, affiliates, officers, directors, members, employees, attorneys, and agents harmless against any and all claims, costs, damages, losses, liabilities and other expenses (including attorneys' fees and costs of suit) arising from or in connection with: (a) Your use/provision of the Services and/or Application in dealings with the Drivers or the Users (as the case may be), or (b) your breach or violation of any of these Terms of Service or any applicable laws, or (c) Your infringement of any rights of third parties, including Drivers or Users, through the use/provision of the Services, or (d) Your proper or improper use of the Services and/or Application, or (e) the operation of any means to provide the Services. For avoidance of doubt, the determination of damages and compensation will be based on the regulations and principles of the prevailing Civil Code and/or applicable laws. 15. NOTICE Green GSM may issue a notifice through the website, on the Application, via email to your email address in Green GSM’s record, or by written communication sent by registered mail or prepaid mail to your address on file with the GSM. Green GSM’s notice shall be deemed delivered to and received by you 1 hour after being sent (for email). For registered mail or prepaid mail, after the lapse of 48 hours after being sent. In the case of courier service, it will be deemed delivered after at least two (2) delivery attempts by the courier service. You may send notice to Green GSM by sending an email to support.ph@greensm.com, or by regular mail or registered mail to the address specified in the contact information on the website or the Application. Your notice will be considered received from the time Green GSM receives it. 16. TRANSFER You are not allowed to transfer your rights and obligations arising from these Terms of Service without the prior written consent of Green GSM. Any deliberate transfer of your rights or obligations arising under these Terms of Service in violation of this section will be considered null and void. Green GSM reserves the right to transfer its rights and obligations arising under this Terms of Service without requiring your consent. 17. COMPLAINTS 17.1. Any complaints between Drivers and Customers shall be reported to the Help Center. 17.2. If you have any questions or comments in relation to the Application, you may contact Green GSM’s Help Center. 18. DISPUTE RESOLUTION 18.1. This Terms of Service shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction. 18.2. In the event of any disputes or claims between Green GSM and you, the parties shall first seek resolution through amicable settlement or private negotiations. Should such disputes, actions, claims, or causes of action remain unresolved through negotiation, the parties hereby agree to refer the matter to the Philippine Dispute Resolution Centre (PDRC) for arbitration proceedings. The arbitration shall be conducted by a sole arbitrator appointed by the PDRC in accordance with the prevailing PDRC Rules. The seat and venue of arbitration shall be in Taguig City, with the proceedings conducted in the English language. The fees of the Arbitrator shall be evenly divided between you and GSM, unless the Arbitrator determines an alternative arrangement necessary for enforceability under applicable law. In the event that the dispute persists despite negotiation, both parties consent to the exclusive jurisdiction of the courts in Pasay City, Philippines. 19. RELATIONSHIP 19.1. Nothing in these Terms of Service shall be interpreted as establishing an agency, partnership, or any other type or form of joint venture with Green GSM. 20. SEVERABILITY 20.1. Should any provision of the Terms of Service be deemed invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions shall not be affected or impaired. 21. NO WAIVER 21.1. The failure of Green GSM to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision. 22. ENTIRE AGREEMENT 22.1. This Agreement constitutes the entire agreement between you and Green GSM in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, unless agreed upon otherwise. In cases where a separate written agreement is entered into between you and Green GSM referencing these Terms of Service, these Terms of Service shall apply in conjunction with the said written agreement. Should discrepancies arise between these Terms of Service and the separate written agreement, you agree to work with Green GSM in good faith to resolve any conflicts or inconsistencies. Additional terms and conditions may apply to certain services offered on the Application, which will be communicated to you. 23. SUSPENSION AND TERMINATION 23.1. You agree that Green GSM may do any of the following, at any time, without notice: (i) to modify, suspend, or terminate operation of or access to the Application, or any portion of the Application (including access to your account and/or the availability of any products or servcies), for any reason. (ii) to modify or change any applicable policies or terms; and (iii) to interrupt the operation of the Application or any portion of the Application (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. Green GSM shall not be required to compensate you for any suspension or termination. 23.2. Notwithstanding any other provisions, Green GSM reserves the right to modify, amend, or remove/delete Application content without prior notice (including, but not limited to, information regarding product or service availability, product or service descriptions, pricing, promotions, offers, and transit times). In the event any Application content contains any typographical errors, inaccuracies, omissions, or breaches Green GSM Policies, Green GSM retains the right (without obligation, except where required by applicable laws) to take appropriate actions as deemed necessasry, including but not limited to: (i) Correcting the said erros, inaccuracies, or omissions. (ii) Changing or updating information, and/or (iii) Where applicable, cancelling the affected Service at any time without prior notice (including, but not limited to, after an order has been submitted). 24. NO THIRD PARTY RIGHTS 24.1. Except for the parties who are indemnified pursuant to the indemnification provisions outlined herein, this Agreement does not confer rights upon any third parties who are not party to this Agreement.