Terms of Use

Effective: December 1, 2016

The following Terms of Use ("Terms") govern your access and use of the FETCH applications, websites, content, products, and services ("Services") made available in the Philippines by Swoop, Inc. (the “Company”). Please read the following Terms carefully before accessing or using the Services. By accessing and using the Services of the Company, you hereby categorically and unqualifiedly consent to these Terms and establish a contractual relationship (“Contract”) with the Company. The Company will not be liable to any person for any loss or damage arising from the inability to understand and comply with these Terms. The Company reserves the right and sole discretion to modify these Terms at any time. Please update yourself on possible changes to these Terms as your use of the Services signifies your acceptance of the modified Terms.

FETCH COMMITMENT:

The Company, using qualified and trained drivers, will carefully park your motor vehicle, in an accessible location known to be safe and secure, and will work to timely return the motor vehicle to you at the agreed place and time.

The Company will perform the Services to the best of its abilities and will work hardest to ensure your satisfaction. In case of damage to your motor vehicle due directly to the established fault or gross negligence of the Company’s drivers, agents or representatives (“Personnel”), the Company has made arrangements to shoulder such damage, as it has obtained the appropriate insurance relating to damages to your motor vehicle caused by the fault or negligence of its Personnel.

YOUR REPRESENTATION:

By using the Services, you represent that:

  • You are at least 18 years old, have the authority and capacity to enter into this Contract, and will abide by its terms and conditions;

  • You possess a valid driver’s license, are authorized to operate and use the motor vehicle you will leave with the Company, and have all appropriate licenses and authority to participate in the Services;

  • The motor vehicle is in good operating condition, does not contain any illegal, prohibited, or dangerous items, and meets industry, legal and regulatory standards and requirements;

  • You will be solely responsible for any and all liability that results from the condition of your motor vehicle, including, but not limited to personal injuries and property damages;

  • You will be solely responsible for the full functionality and running condition of your motor vehicle. If your motor vehicle fails to properly function while the Company is in its possession, you will be responsible for, among others, all storage fees, roadside assistance expenses, and repair of any kind;

  • You have fully delegated to the Company and its Personnel the operation of the motor vehicle and fully allowed them to make decisions in providing the Services, including, but not limited to, deciding the use of parking routes and the determining the parking spaces;

  • You will observe traffic rules and regulations, including, among others, not using your mobile phone, including the Fetch mobile application, and not being impaired and intoxicated while operating your motor vehicle;

RULES FOR THE USE OF SERVICES:

In using the Services of the Company, you agree that:

  • the Company, at its sole discretion, reserves the right to deny the Services to any person based on reasonable grounds; with or without corresponding fees;

  • the Company’s service hours are from 7:00 a.m. to 8:00 p.m. only on regular working days of Taguig City. the Company may, at its sole discretion, temporarily extend or shorten its service hours from time to time;

  • You will pay for the Services based on the Company’s Terms of Payment;

  • the Company is not a depositary of your motor vehicle;

  • Before leaving the motor vehicle with the Company, the Company’s Personnel will conduct a peripheral inspection of the vehicle and will note its observations. Within thirty (30) minutes from the return of the motor vehicle to you, you will report any damage thereon and loss therein to the Company and should take pictures of said damage;

  • You shall not leave any children, pets or other valuable or important items in the motor vehicle left with the Company. the Company will not be liable for any loss of any items in the motor vehicle;

  • While the motor vehicle is parked, the Company reserves the right to temporarily display visible distinguishing marks of the Company on your motor vehicle, which shall not cause any damage or deterioration to your motor vehicle;

  • Except when caused by the established fault and gross negligence of its Personnel, the Company is not responsible for any damages or losses to the motor vehicle, to you, or to third-parties;

  • If damage to or loss of the motor vehicle occurs while the vehicle is parked, the party responsible for such loss or damage, such as the parking establishment, should shoulder said loss or damage; at no time will the Company be liable for damages caused by Acts of God.

  • the Company may turnover the motor vehicle to the person who possesses either the claim stub or the mobile phone that made the return request, without need to verify the identity of said person. The bearer of the said phone is deemed to have been authorized to receive the motor vehicle on your behalf and is deemed to have been informed by you of, and have consented to, these Terms.

ACCOUNT INFORMATION, PASSWORD AND SECURITY:

  • You are responsible for maintaining the confidentiality of your account information with the Company, including all relevant information needed to access and use the Services of the Company;

  • You are fully responsible for any and all activities that occur under your account with the Company, except in case of established fault or negligence of the Company or its Personnel;

  • You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security;

PICKUP AND/OR RETURN OF MOTOR VEHICLE:

The Company will exert best efforts to pick-up and/or return your motor vehicle in a timely and reasonable manner, based on your requested motor vehicle Pick-Up Time and/or Return Time. However, should you cancel, change, or reschedule your Pick-Up and/or Return Time, you are responsible for any additional fees and costs incurred as a result of the said cancellation, change or rescheduling, including, but not limited to, fees for overnight parking of your vehicle.

If no Return Request is made before the end of the Company’s service hours, the Company will park the motor vehicle overnight. Your vehicle may only be returned to you upon resumption of the Company’s service hours the next day. You are responsible for any additional fees and costs incurred as a result of the said overnight parking.

CANCELLATION OF PICK-UP/ RETURN REQUEST

  • You are allowed to cancel a pickup request without charge from the time you make the request until ten minutes before your Pick-Up Time. Any cancellation made less than ten minutes before your estimated Pick-Up Time is subject to a cancellation fee.
  • You are allowed to cancel a return request without charge from the time you make the request until ten minutes before your estimated Return Time. Any cancellation made less than ten minutes before your Return Time is subject to a cancellation fee.
  • The Company may cancel your pick up request and charge a corresponding cancellation fee if you do not arrive at your destination ten minutes after your estimated time of arrival

REFUND OF SERVICE

  • The following sets out the circumstances where you are entitled to a refund and the procedures that you must follow to claim the refund:
  1.  Late Pick-Up/ Return - The Company will exert best efforts to deploy a valet to pick-up and/or return your car at your requested location and time. You are entitled to a refund if the valet arrives at the confirmed pick-up location to fulfill the transaction one hour later than the requested time.
  2. Motor Vehicle Damages - In the unlikely event of damage to your motor vehicle caused by the established fault or gross negligence of the Company’s Personnel, you are entitled to a refund of the service rendered during the occurrence of the said damage.
  • To request a refund, you may email the details of the transaction at hello@fetch.com.ph or send a Facebook message to Fetch Valet (http://m.me/FetchValet) within 48 hours upon the end of said transaction.
  • You will receive a response from the Company’s customer support personnel not later than 2 working days upon receipt of the refund request.

CONTACT US:

If you have any concerns or questions, feel free to contact Swoop Inc. at (02) 224 2061.

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