Terms and Conditions For the Use of Trucking.Ph Services

The name Trucking.ph and its location, www.trucking.ph, are copyrighted properties belonging to and operating under Inteluck Corporation. Trucking.ph shall provide companies who have cargoes to ship (hereafter referred to as “Shippers” collectively) with available trucks owned by trucking companies (hereafter referred to as “Truckers” collectively). In a similar manner, Trucking.ph shall provide Truckers who have available trucks with Shipment requests created by Shippers matching the route covered by the available truck. Furthermore, Trucking.ph shall provide additional services beyond Shipping detailed in this Terms and Conditions (Hereafter referred to as “Agreement”, Sections 1.3 – 1.5).


THIS AGREEMENT SHALL SERVE AS A LEGAL BINDING CONTRACT BETWEEN INTELUCK CORPORATION AND THE PARTIES (“YOU”) WHO ACCEPT THESE TERMS. BY AVAILING THE SERVICES OF TRUCKING.PH, YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF YOURSELF OR THE COMPANY, ENTITY OR ORGANIZATION WHICH YOU REPRESENT AND YOU GUARANTEE THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT. ADDITIONALLY, YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCEPT THIS AGREEMENT OR USE THE SERVICES OF TRUCKING.PH. IN THE EVENT THAT YOU DO NOT AGREE WITH ALL THE TERMS PROVIDED IN THIS AGREEMENT, DO NOT USE THE SERVICE.

 

1        SERVICE DESCRIPTION

 

1.1  General. Inteluck Corporation aims to replace the manual transactions between Shippers and Truckers in the Philippines through a technology-fueled trucking platform in this scenario referred to as Trucking.ph that would allow Shippers to create Shipment requests and select a preferred Trucker. Truckers on the other hand, can conveniently manage Shipping transactions and receive delivery requests faster and more efficiently. To the extent that you are a Trucker, the provisions in this Agreement regarding Truckers apply to you. To the extent that you are a Shipper, the provisions in this Agreement regarding Shippers apply to you. Please read along carefully for more information about your responsibilities as Trucking.ph users.

 

1.2  Shipment Requests. In order to avail the services of Trucking.ph, the Shippers and the Truckers must register online as a member with Trucking.ph at www.trucking.ph. Trucking.ph will validate all the parties before membership will be effective. Both parties will need a username and password to log in. In order to pay for the Trucking.ph services, the Shipper/s will load the online wallet through the website.

 

1.3   Shippers may post a new Shipment by clicking “New Request”. By searching for the available trucks based on the provided origin and destination addresses, pickup date and total weight of Shipment, a filtered list of available trucks to choose from will be identified. Once the Shipment request is submitted, the details of the Shipment are posted back to “My Shipments”. Trucking.ph will notify both Shipper and Trucker that the Shipment request has been created. The Shipment request can subsequently be viewed, canceled or updated.

 

1.3.1 Completing the Shipment. Trucking.ph will automatically provide an Invoice (“Invoices”) by email after every successful Shipment. Booking details, pay through Wallet.

 

1.3.2  Cancelling the Shipment. The Shipper shall have the right to cancel the shipment before the Trucker has already started its route to its destination.

 

1.4  Online Reporting. Shippers can view all Shipments (“Tracking Page”) and the Invoices (“Invoices”) information shall be sent to the email address of the Shippers.  

 

1.5  User Accounts. Shippers and Truckers have to create an account, submit required documents and be verified first before being granted access to all services offered by Trucking.ph.

 

2         TRUCKER TERMS

 

2.1  Representations and Warranties. If you are a Trucker, you will be subjected to the following terms:

 

2.1.1  All information and legal documents you have submitted, at the time of registration or any other given time, are true and correct.

 

2.1.2  You have undergone and completed the onboarding process provided before using the services of Trucking.ph.

 

2.1.3  You are licensed to provide Shipping services and agree to perform your obligations vigilantly which shall be reflected in your rating. In the event that your rating is constantly substandard, Inteluck Corporation reserves the right to suspend or terminate your account.

 

2.1.4  You will comply with all applicable laws related to the provision of shipping services including but not limited to those stated by the Department of Transportation and Communications (DOTC).

 

2.1.5  You will maintain all equipment and properties involved in providing Shipping services thereby ensuring that such equipment and properties are in excellent condition and operations are performed safely.

 

2.1.6  You are solely responsible in employing personnel to execute Shipping services. As such, it is also your sole responsibility to provide personnel employed by you with wages and insurance.

 

2.1.7  You will pick-up any Shipments assigned to you at the requested pickup date and time in the specified pickup location. Additionally, you will deliver the Shipments during the expected delivery date and time to the specified destination.

 

2.1.8  You are solely accountable for all liabilities, including, but not limited to, property damage, Shipment loss, damage or delay, personal injury and death as a result or an alleged result of your Shipping services.  Inteluck Corporation and Trucking.ph will not be held responsible and as such, the Trucker shall compensate for any and all corresponding losses and damages. (Civil Code of the Philippines, Section 4 – Common Carriers. Subsection 2 – Vigilance Over Goods)

 

2.1.9  You will communicate directly to Inteluck Corporation should there be any concerns regarding payment of Shipping services. In the event of nonpayment, Inteluck Corporation shall act as mediator to resolve the issue. Henceforth, the issue will be, under no circumstances, directly addressed by the Trucker to the Shipper.

 

2.1.10  You grant Inteluck Corporation express permission to increase or decrease your truck rates to meet the standard price observed by the system.

 

2.1.11  You agree that the standard rate is inclusive of the Trucking.ph fee. Furthermore, you grant Inteluck Corporation express right to deduct the agreed fee from your truck rate.

 

2.1.12 You will be solely responsible for handling and securing Shipments to be transported and each personnel employed by you is expected to have the required knowledge and training in properly handling and transporting the Shipment.

 

2.1.13  If not informed of any Shipment detail changes prior to the designated pickup date by the Shipper, you may report the matter directly to Inteluck Corporation so that the company may be able to address the issue.

 

3          SHIPPER TERMS

 

3.1  Representations and Warranties. If you are a Shipper, you will be subjected to the following terms:

 

3.1.1  Any and all information and legal documents you submit, at the time of registration or any other given time are true and correct.

 

3.1.2  You should not use Trucking.ph to ship items that are illegal, dangerous, hazardous, harmful, unsafe, offensive or objectionable.

 

3.1.3  In the case of the previous items mentioned, you should prepare certifications or special permit given by the Civil Aviation Authority of the Philippines (CAAP) or any other verified entities of the Philippine government specializing in the transport of goods.

 

3.1.4  You will ship items at your own risk through Trucking.ph and agree that Inteluck Corporation will have no legal responsibility for any shipped items.

 

3.1.5  Only the number and weight of the items you specified during registration will be accommodated by the Trucker. You will be requested to exclude excess items not stated in the Shipment request.

 

3.1.6  You are solely responsible if in any case, accidents which results from such shipped items, including, but not limited to, property damage, personal injury and death.

 

4        PAYMENT OF TRUCKING.PH FEE

 

4.1   Trucking.ph will be paid a service charge of Fifteen Percent (15%) of the fee of the delivery, per trip (“Trucking.ph Fee”).

 

4.3  General Payment Terms

 

4.3.1 The amount to be settled by the Shipper shall be reflected on the Invoice Details and will be inclusive of the rate assigned to the route of the selected truck, referred to as “Trucking Fee” which is already inclusive of the Trucking.ph Fee.

 

4.3.2 The Trucking Fee shall be paid through the online wallet of the Shipper. If the balance in the wallet is not enough to cover the Trucking Fee including the Trucking.ph Fee, the shipment will not push through.

 

4.3.3  Trucking.ph shall act as a collecting agent of the Truckers, and hence, it shall automatically deduct the Trucking.ph Fee from the Trucking Fee before the Trucking Fee is released to the Truckers.

 

4.3.4  By agreeing to use the services of Trucking.ph, the Shipper further agrees to pay for any Shipments booked through Trucking.ph, using their preferred mode of payment. Additionally, the Shipper agrees to pay in the currency of Philippine pesos.

 

4.3.5  The Shipper shall assume the responsibility of paying all taxes including, but not limited to sales taxes and VAT, that may be charged for the transport of the Shipments.

 

5        LICENSES

 

5.3  Accounts. Trucking.ph requires you to create an account (“Login/Signup”) before you can start using any and all services provided by Trucking.ph. You should provide your personal information including your email address and company name to be verified by Trucking.ph. You are solely responsible for maintaining the confidentiality of your account.Trucking.ph has provided a number of options in case (1) you forgot or you want to change your password (2) or you want to update your profile. Additionally, your account with Trucking.ph may be accessible in multiple workstations under your jurisdiction. You agree to report immediately to Trucking.ph any unauthorized or suspected unauthorized use of your account as well as other cases related to breach of security.

 

5.4  Site. Trucking.ph is provided solely for the use of current and potential Shippers and Truckers to interact with Inteluck Corporation and should not be used by any person or entity for any other purpose. The use of unauthorized scripting technologies to obtain information from Trucking.ph or submit information through Trucking.ph is strictly prohibited and may be subject to legal action.

 

5.5  Certain Restrictions. The rights provided to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially utilize Trucking.ph; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access Trucking.ph in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of Trucking.ph may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Service shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Service content must be retained on all copies thereof.

 

5.6  Limited Support. Trucking.ph is available for any inquiries and sharing of relevant information about Trucking.ph  You may call us at (+63) 02 6255082 / 09272345673 or send us an email at info@inteluck.com or contact us through the live chat online.

 

6        OWNERSHIP

 

6.3  Ownership. With the exception of your User Content (Section 7.1), Inteluck Corporation and any third party involved, shall assume ownership of all intellectual property, rights, trademarks and trade secrets presented in the Trucking.ph Website. Availing the services of Trucking.ph does not transfer any rights, title or intellectual property to its users.

 

6.4  Modification. Inteluck Corporation reserves the right to modify, suspend or discontinue any or all services provided by Trucking.ph at any given time, with or without notice.

 

6.5  Feedback. By providing any feedback, suggestions, reports and other information pertaining to Trucking.ph, you agree to give Inteluck Corporation all rights to use such information in any manner deemed as appropriate. By accepting these terms, you agree that any and all information you submit are non-confidential and non-proprietary and shall be treated as such.

 

7        USER CONTENT

 

7.3  User Content. “User Content” pertains to any and all information and contents that you submit to Trucking.ph for use in line with its services. The User Content includes, but is not limited to data provided in Shipment requests, Trucks and Routes & Rates registration. You assume all risks and responsibilities associated with your User Content including but not limited to its accuracy, completeness and usefulness. You agree that all of your User Content is non-confidential and non-proprietary. You hereby represent and guarantee that your User Content does not violate the Acceptable Use Policy (Section 8). Additionally, you agree not to submit information owned by any third party without consent from the respective owner. Furthermore, you may not state or imply that your User Content is sponsored or endorsed by Inteluck Corporation or Trucking.ph in any way. As such, you are solely responsible for any liabilities yielded from your User Content.

 

7.4  Content Disclosures. We may share your User Content to a third party in the event that (1) another company acquires Trucking.ph or Inteluck Corporation or (2) to conform with relevant laws, comply with subpoenas issued to us to protect Inteluck Corporation and Trucking.ph Users’ rights and property and to investigate or assist in preventing any violation against the law or this Agreement.

 

8        ACCEPTABLE USE POLICY. The following terms constitute our “Acceptable Use Policy”:

 

8.3  Any User Content as described in Section 7 should not be allowed to be collected, uploaded, transmitted, displayed or distributed if it (1) violated any identified third-party right, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, derogatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (3) that is harmful to minors in any way; or (4) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

 

8.4  You agree not to: (1) upload, broadcast, distribute to or through Trucking.ph any computer viruses, worms, or any software intended to damage or alter a computer system or data; (2) send through the Trucking.ph Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (3) use the Trucking.ph Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (4) interfere with, disrupt, or create an undue burden on servers or networks connected to the Trucking.ph Website, or violate the regulations, policies or procedures of such networks; (5) attempt to gain unauthorized access to the Trucking.ph Website (or to other computer systems or networks connected to or used together with the Trucking.ph Website), whether through password mining or any other means; (6) harass or interfere with any other user’s use and enjoyment of the Trucking.ph Website; or (7) to use software or automated agents or scripts to produce multiple accounts on the Trucking.ph Website.

 

8.5  Inteluck Corporation reserves the right to access and review any User Content, examine, and take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

 

9        TERM AND TERMINATION.

As long as you use the services of Trucking.ph, this Agreement shall remain in full effect. Inteluck Corporation may terminate this Agreement with you at any given time in its sole discretion if (1) you have breached any term of this Agreement, (2) you have acted in a manner that shows you have no intention of complying or are unable to comply with this Agreement or (3) required by law to do so should your use of Trucking.ph’s services are unlawful.

Upon termination of this Agreement, your account and all rights to access and use the services of Trucking.ph shall be immediately terminated. As such, all User Content and any data pertaining to your company shall be removed in the system.

Upon termination of this Agreement, your account and all rights to access and use the services of Trucking.ph shall be immediately terminated. As such, all User Content and any data pertaining to your company shall be removed from the system.

 

10    INDEMNITY.

You pledge to defend, indemnify and save Inteluck Corporation harmless from and against any and all claims, liability, losses, expenses, suits, damages, judgments, demands and costs (including reasonable legal fees and expenses) arising out of (1) use of Trucking.ph, (2) User Content, (3) interaction with any other User, (4) violation of this Agreement; (5) violation of applicable laws or regulations; or (6) your Shipment contents (if you are a Shipper) or your Shipping services (if you are a Trucker). Inteluck Corporation shall defend and settle at its sole expense all suits or proceedings arising out of foregoing. The obligations of Inteluck Corporation under this Agreement shall last in perpetuity. Any failure or delay by both Truckers and Shippers to exercise any right, power or privilege hereunder or to insist upon observance or performance by the other of the provisions of this Agreement shall not operate or be construed as a waiver thereof.

 

11    DISCLAIMERS

You hereby acknowledge that all services provided by Trucking.ph are limited to those that have been expressly stated in this Agreement or any other relevant document pertaining to Trucking.ph. Addition of more services shall fall under the sole discretion of Inteluck Corporation and shall be offered to its users upon availability. Inteluck Corporation makes no guarantees or claims that the services of Trucking.ph will meet your expectations and requirements, operate in an uninterrupted, timely, secure and accurate manner, be safe and free of viruses or any other harmful data, or result in profits or cost reduction. Trucking.ph may be subject to limitations, delays and other problems as a result of intermittent internet connection and interruption in telecommunications. Thereof, Inteluck Corporation and Trucking.ph are not liable for delays or any other damages yielded from the aforementioned events.

Trucking.ph strictly offers freight forwarding services to its users. Nevertheless, this does not imply that we have any intention to use Trucking.ph in any way to act as a Trucker and extend Shipping services to any user. It is in the sole discretion of Truckers to offer Shipping services to Shippers. As such, Inteluck Corporation is not accountable for the services that a Trucker will provide to Shippers.

Furthermore, we do not warrant your safety by using the services of Trucking.ph. In using Trucking.ph, you may be exposed to potentially dangerous, offensive or otherwise questionable situations. To that end, you are using Trucking.ph at your own risk.

More so, the terms and conditions of the Shipper and Trucker shall apply for anything that is not covered by this agreement.

 

12    LIMITATIONS ON LIABILITY

Under no circumstances shall Inteluck Corporation be held liable to you for any consequential and indirect damages and losses yielded from or relating to this Agreement or your use of, or inability to use Trucking.ph properly.

 

13    THIRD PARTY SITES AND ADS

As the owner of the Trucking.ph Website, Inteluck Corporation is granted the right to link third party websites, services and advertisements in Trucking.ph. These third-party sites and ads are by no means properties of Inteluck Corporation and are only used for promotions by owners of these sites and ads. As such, Inteluck Corporation does not hold any control or responsibility in monitoring, warranting and representing the owners of the third-party sites and ads. You agree that opening these third-party sites and ads are in your sole discretion and we do not guarantee your safety and security against risks you may be exposed to when accessing these sites and ads. Furthermore, you agree that it is your responsibility to do necessary investigation about the foregoing before accessing them.

 

14    GENERAL

 

14.3  Changes in Terms and Conditions. Inteluck Corporation. reserves the right to modify the terms and conditions stated in this Agreement, any time effective immediately after a new version of the Agreement has been posted. Pursuant to this, Inteluck Corporation expects you to be responsible for regularly reviewing this Agreement to view the changes.

 

14.4  Dispute Settlement. You agree that any and all controversies, disputes, demands and claims regarding Trucking.ph and its services shall be settled through a private negotiation between the involved parties.

 

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY AS IT AFFECTS YOUR RIGHT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK REPRIEVE.

 

You agree that any and all controversies, disputes, demands and claims shall be exclusively settled through a confidential arbitration between the involved parties..

 

Conforming to the previous paragraph, the following rules shall be observed by both Inteluck Corporation and you.

 

14.4.1 ANY CLAIMS BROUGHT UP BY EITHER PARTY SHALL BE IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR REPRESENTATIVE OF A PURPORTED CLASS OR GROUP.

 

14.4.2 THE ARBITRATOR MAY NOT ASSOCIATE MORE THAN ONE PERSON’S CLAIMS AND SHALL NOT AWARD CLASS- OR GROUP-WIDE REPREIVE.

 

14.4.3  In the event that you are able to prove that the costs of arbitration will be prohibitive compared to the costs of lawsuit, Inteluck Corporation agrees to pay as much of the filing and hearing fees relative to the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.

 

14.4.4  The arbitrator shall honor claims of privilege and privacy recognized by law.

 

14.4.5  The arbitrator’s decision is final and may be enforced in any court of competent jurisdiction.

 

14.4.6  The arbitrator may award individual reprieves that are permitted by law.

 

14.4.7  Both parties agree to pay its own lawyer’s fees and any fees and costs granted will be determined by applicable laws.

 

14.5  Unavoidable Casualty. Any delay or failure to perform any duties or obligations of all parties involved shall not be considered a breach of contract if the aforementioned delay or failure is caused by labor disputes, natural disasters or any other events beyond the control of the designated party.

 

14.6  Transfer of Ownership. You cannot assign or otherwise transfer ownership of your account or your rights to access and use the services of Trucking.ph without prior consent from Inteluck Corporation. Any attempt to do so, shall result in breach of this Agreement thereby, terminating it.

 

14.7  Press. You hereby grant Gliese, Inc. express permission to identify you as a customer of Trucking.ph and user of our services. As such, we may reproduce your name and logo in the Trucking.ph Website or in any other marketing materials released pertaining to Trucking.ph.

 

14.8  Conflict. Should there be any conflicts between the terms and conditions set forth in this Agreement and the terms set forth in the Bill of Lading, Proof of Delivery or any other documents related to Shipping services, the terms and conditions of this Agreement shall be observed over others.

 

14.9  Copyright / Trademark Information. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed in Trucking.ph are properties of Inteluck Corporation or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party, which may own the Marks.

 

14.10  Electronic Communications. Inteluck Corporation and Trucking.ph shall communicate with you through electronic means, namely email, live chat and SMS. As such, you grant us your permission to send you email, chat messages, and SMS notifications whenever we deem necessary.

 

14.11  Contact Information
Address: Unit 1604, 16th Floor, Antel 2000 Corporate Center, 121 Valero St., Salcedo Village, Makati City 1227
Telephone: (+63) 02 6255082 / 09272345673

Email: info@trucking.ph