HABAL

Welcome to Habal! These Terms of Service ("Terms") govern your use of the Habal ride-hailing platform and services in Silago, Southern Leyte, Philippines. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. Please read them carefully.

1. Acceptance of Terms

By creating an account, accessing, or using the Habal platform (website, mobile application, or any related services), you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and Habal ("we," "us," or "our"). We reserve the right to update these Terms at any time, and your continued use of our services constitutes acceptance of any modifications.

2. Service Description

Habal provides a technology platform that connects passengers with independent motorcycle riders ("Habal Riders" or "Riders") for transportation services within Silago, Southern Leyte and surrounding areas. Important clarifications:

• Habal is a technology service provider, not a transportation carrier or provider
• Habal does not employ riders or provide transportation services directly
• Riders are independent contractors who use the platform to connect with passengers
• The transportation service is provided by the independent rider, not by Habal
• Habal facilitates connections but does not guarantee availability of riders

3. Eligibility Requirements

3.1 For All Users

To use Habal services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract under Philippine law
• Provide accurate, current, and complete registration information
• Maintain the security and confidentiality of your account credentials
• Have a valid phone number and email address
• Comply with all applicable local, national, and international laws

3.2 Additional Requirements for Riders

To register as a rider, you must additionally:

• Possess a valid driver's license for motorcycles
• Own or have legal authorization to operate a motorcycle
• Have valid vehicle registration and required insurance
• Pass our background check and verification process
• Receive approval from Habal administrators before starting
• Maintain your motorcycle in safe operating condition
• Comply with all traffic laws and regulations

4. User Accounts and Security

4.1 Account Creation

• You must create an account to use most features of our platform
• All information provided must be accurate, current, and complete
• You agree to update your information to maintain its accuracy
• One person may only create one account (duplicate accounts prohibited)

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your password and account
• All activities that occur under your account, whether authorized or not
• Notifying us immediately of any unauthorized access or security breach
• Ensuring you log out at the end of each session

4.3 Account Suspension and Termination

• We reserve the right to suspend or terminate accounts that violate these Terms
• You may delete your account at any time through the settings page
• Upon termination, your right to use the services ceases immediately
• We may retain certain information as required by law or for legitimate business purposes

5. Location Services and Tracking

5.1 Location Permission

By using Habal services, you acknowledge and agree that:

• Real-time location tracking is essential to our service
• You grant us permission to access your device's location services
• We collect, process, and store your location data as described in our Privacy Policy
• Your location is shared with riders during active rides

5.2 How Location Data is Used

• To match passengers with nearby available riders
• To display real-time location on maps during rides
• To calculate accurate fares based on distance traveled
• To provide ride history and route information
• To improve our services and analyze transportation patterns
• For safety and security purposes (e.g., emergency response, incident investigation)

5.3 Disabling Location Services

If you disable location services:

• You will not be able to request or provide rides
• Certain features of the platform will be unavailable
• You can re-enable location services at any time in your device settings

6. Booking Rides and Fares

6.1 Ride Requests

• Passengers can request rides through the platform by entering pickup and destination locations
• Ride requests are sent to nearby available riders
• A ride is confirmed when a rider accepts your request
• We do not guarantee that a rider will accept your request or that a rider will be available

6.2 Fare Calculation and Payment

• Fares are calculated based on distance, estimated time, and current demand
• The fare estimate is displayed before you confirm your ride request
• Actual fares may vary slightly based on the actual route taken
• Additional charges may apply for tolls, waiting time, or special requests
• Payment is made directly to the rider (cash payment)
• Habal does not process payments and is not responsible for payment disputes

6.3 Cancellation Policy

• You may cancel a ride request before a rider accepts without penalty
• Cancellations after rider acceptance may result in a cancellation fee
• Repeated cancellations may result in account restrictions
• Riders may also cancel rides in certain circumstances

7. User Conduct and Prohibited Activities

7.1 General Conduct

When using Habal services, you agree to:

• Treat all users, riders, and staff with respect and courtesy
• Comply with all applicable laws and regulations
• Provide accurate information when using the platform
• Use the service only for lawful transportation purposes
• Cooperate with any investigations into violations of these Terms

7.2 Prohibited Activities

You agree NOT to:

• Violate any local, national, or international laws or regulations
• Harass, threaten, intimidate, or harm riders or other users
• Discriminate against others based on race, religion, gender, or other protected characteristics
• Provide false, misleading, or fraudulent information
• Use the platform to transport illegal goods or substances
• Attempt to hack, reverse engineer, or interfere with the platform's operation
• Create multiple accounts or share accounts with others
• Solicit riders for services outside the platform
• Use automated tools or bots to access the service
• Damage, disable, or impair the platform's functionality
• Collect or store personal data of other users
• Use the service for any commercial purpose without authorization

8. Safety and Responsibilities

8.1 Passenger Safety Obligations

As a passenger, you must:

• Wear the helmet provided by the rider at all times during the ride
• Follow all safety instructions given by the rider
• Not distract the rider while the motorcycle is in motion
• Not carry prohibited items (weapons, illegal substances, hazardous materials)
• Report any safety concerns immediately through the app or emergency contacts
• Use the SOS/emergency features responsibly and only when genuinely needed

8.2 Rider Safety Obligations

As a rider, you must:

• Maintain your motorcycle in safe operating condition
• Provide passengers with helmets that meet safety standards
• Follow all traffic laws and regulations
• Not operate the motorcycle under the influence of drugs or alcohol
• Not use mobile devices while driving (except for navigation)
• Maintain valid insurance coverage for your motorcycle
• Conduct yourself professionally and courteously

8.3 Emergency Situations

• In case of an accident or emergency, contact local emergency services immediately
• Use the in-app SOS feature to alert Habal and emergency contacts
• Report all incidents through the platform as soon as possible
• Cooperate with authorities and provide accurate information

9. Reports and Dispute Resolution

9.1 Reporting System

• Both passengers and riders can report issues through the platform
• Reports should be submitted promptly after an incident occurs
• All reports are reviewed by our admin team
• False or malicious reports may result in account suspension
• We may contact you for additional information during investigations

9.2 Account Suspension for Violations

• Violations of these Terms may result in warnings, suspension, or permanent account termination
• Serious violations (safety threats, illegal activity) result in immediate suspension
• Suspended users lose access to the platform and all associated data
• Suspensions may be appealed by contacting support@habal.fun

10. Intellectual Property Rights

All content, features, and functionality of the Habal platform (including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, and software) are the exclusive property of Habal or its licensors and are protected by Philippine and international copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the platform for personal, non-commercial purposes only. You may not:

• Copy, modify, distribute, or create derivative works from our content
• Use our trademarks, logos, or branding without written permission
• Reverse engineer or attempt to extract source code from our platform
• Remove or modify any copyright or proprietary notices

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Habal provides the platform "AS IS" and "AS AVAILABLE" without warranties of any kind
• We do not guarantee uninterrupted, timely, secure, or error-free service
• We are not responsible for the actions, behavior, or services of riders or passengers
• We are not liable for any accidents, injuries, or property damage occurring during rides
• We are not responsible for payment disputes between riders and passengers
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability to you shall not exceed the fees you paid to us in the 12 months preceding the claim

Some jurisdictions do not allow the limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Habal, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the platform
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations
• Any content or information you submit to the platform

13. Data Privacy and Protection

Your use of the Habal platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. Key points:

• We collect and process personal data including location information
• We comply with the Data Privacy Act of 2012 (Republic Act No. 10173)
• We implement security measures to protect your data
• You have rights to access, correct, and delete your data
• We do not sell your personal information to third parties

Please review our Privacy Policy for detailed information about how we handle your data.

14. Modifications to Terms

We reserve the right to modify, update, or change these Terms at any time. When we make changes:

• We will post the updated Terms on this page
• We will update the "Last updated" date at the top
• For material changes, we will notify you via email or in-app notification
• Your continued use after changes constitutes acceptance of the new Terms
• If you do not agree to the changes, you must stop using our services

We recommend reviewing these Terms periodically to stay informed of any updates.

15. Account Termination

15.1 Termination by You

• You may delete your account at any time through the settings page
• Account deletion is permanent and cannot be undone
• Some data may be retained as required by law or for legitimate business purposes

15.2 Termination by Us

We may suspend or terminate your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Safety or security concerns
• Repeated complaints or negative reports
• Providing false information
• Inactivity for extended periods

15.3 Effects of Termination

• Upon termination, your right to use the services ceases immediately
• You remain liable for any obligations incurred before termination
• Certain provisions of these Terms survive termination (e.g., indemnification, limitations of liability)

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions. Specifically:

• Philippine law applies to all disputes arising from these Terms
• The courts of Southern Leyte, Philippines have exclusive jurisdiction
• You submit to the personal jurisdiction of these courts
• The UN Convention on Contracts for the International Sale of Goods does not apply

17. Dispute Resolution

17.1 Informal Resolution

Before filing a formal claim, you agree to first contact us at support@habal.fun to attempt to resolve the dispute informally. We commit to working with you in good faith to resolve any issues.

17.2 Formal Dispute Resolution

If informal resolution fails, disputes shall be resolved through:

• Mediation or arbitration in accordance with Philippine Alternative Dispute Resolution laws
• Or through the appropriate courts of Southern Leyte, Philippines

17.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or class arbitrations.

18. Miscellaneous Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Habal and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, strikes, or network failures.

18.6 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Habal, or between Habal and any rider.

19. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

• General Support: support@habal.fun
• Legal Inquiries: legal@habal.fun
• Developer Contact: developer@habal.fun
• Phone: 09707859835
• Address: Silago, Southern Leyte, Philippines

20. Acknowledgment

BY USING THE HABAL PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service are effective as of the date stated above and apply to all users of the Habal platform. Your continued use of our services constitutes acceptance of these Terms and any future modifications.