Terms and Conditions

October 20, 2018
  • This agreement, by and between Quintessential Innovation Corporation ("transitflix") and Driver ("Client"), is a binding agreement and governs Client’s access or use of the application, websites, content, products, and services made available in the Philippines.

    By accessing or using the Services, Client confirms agreement to be bound by these Terms. If Client do not agree to these Terms, Client may not access or use the Services. transitflix may immediately terminate these Terms or any Services with respect to Client, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

  • I. Appointment

    Client agrees to have transitflix as a provider of the transitflix tablet transitflix Application, and Partner Account.. transitflix agrees to provide these services pursuant to the terms of this agreement. The transitflix tablet is the Client’s property once bought while transitflix Application is subject to the Services.

  • II. Services

    Services comprise transitflix Application which will enable advertisers to launch campaigns thru the transitflix tablet to hypertarget unique affluent passengers.

    1. License

      Subject to your compliance with these Terms, transitflix grants you a limited, non-exclusive, revocable, non-transferable license to: (i) access and use the transitflix Application on your transitflix tablet solely in connection with your use of the Services.. Any rights not expressly granted herein are reserved by transitflix.

    2. Restrictions

      You may not: (i) remove any copyright or other proprietary notices from any portion of the Services; (ii) reproduce, modify, distribute, license, lease, sell, resell, transfer the Services except as expressly permitted by transitflix; or (iii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or hindering the operation and/or functionality of any aspect of the Service.

    3. Ownership

      The Services and all rights therein are and shall remain transitflix’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner transitflix company names, logos, product and service names, and trademarks.

  • III. Access and Use of Services

    1. User Account

      In order to make the most out of the Services, Client must register at www.transitflix.com/register/partner and maintain an active Partner Account. Client must be at least 18 years of age to obtain an Account. Partner Account registration requires Client to submit personal information such as name, email address, and mobile number. Client agrees to provide accurate and complete information and is responsible for the security of Partner Account’s username and password. Client must possess only one Partner Account.

    2. Text Messaging and Telephone Calls

      Client agrees to receive text messages and phone calls from transitflix for Services concerns and marketing purposes. Client understands that he/she may opt out of receiving text messages from transitflix by contacting product@transitflix.com.

    3. Network Access

      Client is responsible for obtaining the data network access necessary to use the Services. The mobile network data may apply if Client will access or use the Services from the transitflix tablet. Client is responsible for acquiring and updating the transitflix tablet and transitflix Application to access and use the Services.

  • IV. Data Privacy

    Client agrees and consents transitflix to use and process personal data for the purposes stated hereunder.

    transitflix recognizes its responsibilities under the Republic Act No. 10173, also known as the Data Privacy Act of 2012, with respect to the data they collect, record, organize, update, use, consolidate or destruct from their stakeholders. The personal data obtained from transitflix is entered and stored within its authorized information and communications system and will only be accessed by transitflix authorized personnel. transitflix have ensured all appropriate security measures to protect stakeholders’ personal data.

    Furthermore, the information collected and stored in the system shall only be used for business and activities of transitflix which shall include but not limited to the following purposes:

    1. To perform transitflix’s obligations in respect of any contract with you;
    2. To process your participation in any events, promotions, activities, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
    3. Process, manage or verify your application for the Services;
    4. To validate and/or process payments;
    5. To respond to questions, comments and feedback from you;
    6. To communicate with you for any of the purposes listed herein;
    7. For internal administrative purposes, such as auditing, data analysis, database records;
    8. For purposes of detection, prevention and prosecution of crime;
    9. For transitflix to comply with its obligations under law;
    10. To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from transitflix, its advertisers and or sponsors;
    11. To notify and invite you to events or activities organised by transitflix, its advertisers, and or sponsors; and/or
    12. To share your personal data amongst transitflix’s third party providers, developers, advertisers, event companies or sponsors who may communicate with you for any reasons whatsoever.

    The provision of personal data is voluntary, however, if Client does not provide complete personal data, transitflix will not be able to process the application for the access and use of Services.

  • V. Payments and Charges

    1. Partner Driver Payment

      Client will receive an email from transitflix that defines the earnings for each month including the incentives and other bonuses. Client acknowledges that transportation providers using Services will have a varying range of earnings based on performance and may be lower than other partner driver’s earning or the average earnings that transitflix presents in its marketing materials or website. Client agrees that transitflix will not be held responsible for lower earnings. Client acknowledges and agrees that the Partner Driver Payments will not include any withholdings or deductions of taxes.

    2. transitflix Tablet Payment Terms

      Client acknowledges that transitflix Tablet will have to be purchased from transitflix in order to avail the Services.

    3. Replacement Warranty and Service Guarantee

      Client acknowledges that transitflix Tablet will have a 7-day replacement warranty from the purchase date and 6 months of service guarantee from transitflix. Client agrees to be responsible for the cost of repair for damage and/or transitflix Tablet replacement after the 7-day replacement warranty and 6 months service guarantee has ended.

  • VI. Confidentiality and Safeguard of Property

    Client and transitflix respectively agree to keep in confidence, and not to disclose or use (except as may be required for the performance of Services under this Agreement or as may be required by law), any information, documents, or materials that are considered confidential regarding each other’s products, business, customers, partners, suppliers, or methods of operation. transitflix and Client will take reasonable precautions to safeguard property of the other entrusted to it. Thus, any leaked private information from transitflix, whether incidentally or intentionally with malicious intent by the Client, shall be Client’s liability.

  • VII. Term and Termination

    1. Term

      This Agreement shall commence on the date accepted by the Client and shall continue until terminated as set forth herein.

    2. Termination
    3. Client hereby agrees that transitflix is entitled to terminate this Agreement immediately in the event that Client is found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require transitflix to compensate, reimburse or cover any cost incurred by Client, including but not limited to the credit reserved with transitflix or any other monies paid to transitflix in the course of performing Client’s obligations under this Agreement.

  • VIII. General

    No joint venture, partnership, employment, or agency relationship exists between Client and transitflix or any third party provider as a result of the Terms and Conditions or use of the Services. If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. transitflix’s failure to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by transitflix in writing.

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