Mobii Terms of Service
Last Updated: July 17, 2023
I. PREFATORY STATEMENT
We appreciate your interest, thank you for using Mobii!
These Terms of Service ("Terms") are a binding legal agreement between you and Mobii that govern your right to use the websites, applications, and other offerings from Mobii (collectively, the "Mobii Platform"). When used in these Terms, "Mobii ," "we ," "us ," or "our" refers to the Mobii as an entity with whom you are contracting.
Mobii is a peer-to-peer online vehicle rental platform that connects vehicle owners with travelers, local or foreign, in the Philippines seeking to book vehicle/s within a specified period of time and by way of cashless transaction. Mobii as an online platform enables users ("Members") to publish, offer, search for, and book vehicles listed in the Mobii platform. Members who list, publish, and offer vehicle for rental are referred to "Hosts", while Members who search for, book, and pays for the prescribed fees in order to use a vehicle listed in the Mobii platform are referred to "Renters."
Members must register an account to access and use the features of the Mobii Platform, and must keep your account information accurate. As the provider of the Mobii Platform, Mobii does not own, control, offer or manage any Listings or Host Services. Mobii is not a party to the contracts entered into directly between Hosts and Renters, nor is Mobii a car rental company, travel agency, or insurer. Mobii is not acting as an agent in any capacity for any Member, except as specified in the payment terms of service.
Mobii is accessible online including at mobii.ph and as an application for mobile devices. The Mobii website, mobile applications, or any of its associated services are collectively referred to as "the Services". By accessing or using the Services, including by communicating with us or other Mobii users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these "Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Mobii.
Modification/Amendment. Mobii reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. Mobii shall update the "Last Revised" date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms.
If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Mobii Account within 30 days after such modification or revision. If you choose to close your Mobii Account, the previous effective version of these Terms will apply to you.
Addendum. An addendum shall be provided by Mobii to further elaborate main and important subjects and provisions of the concept and operation of Mobii. As such, any and all addendum shall form an integral part and shall be deemed incorporated in this Terms of Service.
II. ELIGIBILITY, REGISTRATION, VERIFICATION, CONSUMER REPORT
The Services are intended solely for a member who are 18 years old and above. Any use of the Services by anyone who does not meet these age requirements is expressly prohibited.
To access certain features of the Services, you must download the Mobii App via Appstore or Google Play, and sign up for an account (a "Mobii Account").
You can create a Mobii Account by providing us your first and last name, email address, driver's license, passport and other proof of identification, credit card details for mode of payment, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google).
When you book a vehicle as a renter, traveler, or guest, you provide us with certain additional information about yourself and other similar supporting documents or identification, which Mobii may deem necessary to complete the listing.
Similarly, when you list a vehicle as a vehicle owner ("host"), you provide us with certain additional information about yourself, your vehicle(s), government issued ID/s, bank account details, and other similar supporting documents or information which Mobii may deem necessary to complete the listing.
You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Mobii Account up to date at all times. Based on information you provide, Mobii may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, and other similar or necessary requirements).
Where permitted, Mobii has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver's license validity and (2) verify vehicle details.
Mobii does not endorse any vehicle, user, or a user's background, or commit to undertake any specific screening process. Mobii may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Mobii to request, receive, use, and store such information.
Mobii may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Mobii may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through its Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Consumer Report Authorization
When you attempt to book or list a vehicle, or at any time after where Mobii reasonably believes there may be an increased level of risk associated with your Mobii Account, you hereby provide Mobii with written instructions and authorize Mobii, in accordance with the prevailing or any similar laws to obtain your personal and/or business information, and/or conduct a background check, including a criminal background check within the bounds law.
III. COLLECTION OF FEES AND APPLICABLE TAXES
The fees we charge for using the Services and other cost structures will be itemized at checkout for renters. You can verify the amount for your booking at checkout before you submit your booking request.
Meanwhile, Hosts can view their earnings on the Host/Admin Panel. When you provide Mobii a payment method, you authorize Mobii, or third-party service providers acting on behalf of Mobii, to store your payment credential for future use in the event you owe Mobii any money.
You authorize Mobii to use stored payment credentials for any kind of balances, including for booking costs, host fees, and renter fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees).
In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.
Collection of fees
Mobii and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges.
Mobii may enable the collection and remittance of certain taxes from or on behalf of renters or hosts, based on existing and future tax laws or regulations. The amount of taxes, if any, collected and remitted by Mobii will be visible to, and separately stated, to both renters and hosts on their respective bookings related documents and invoices. Where Mobii is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle.
IV.USER APP COMMITMENTS
You agree that you will always use your Mobii Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Mobii.
Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your Mobii Account. Keep your Mobii Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Mobii Account, whether or not you have authorized such activities or actions. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Mobii Account.
Content and User Content License. Subject to your compliance with the provisions of these Terms, Mobii grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Mobii and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mobii or its licensors.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Mobii promotional campaigns, you grant Mobii an irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services.
VI. PROHIBITED ACTIVITIES
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
- Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
- Post false, inaccurate, misleading, defamatory, or libelous content
- Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Mobii, or that comes from the Services and belongs to another Mobii user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights.
Dilute, tarnish, or otherwise harm the Mobii brand in any way, including:
- Through unauthorized use of the Services and/or user content
- Registering and/or using "Mobii" or derivative terms in domain names, trade names, trademarks, or otherwise
- Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Mobii domains, trademarks, taglines, promotional campaigns, or Mobii and/or user content
Provide or submit any false or misleading information, including:
- False name, date of birth, driver's license details, payment method, insurance, or other personal information
- In relation to a claim (for example about damage to a vehicle)
- By registering for a Mobii Account on behalf of an individual other than yourself
- Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
- Fail to pay fees, penalties, or other amounts owed to Mobii or another user
- Fail, as either a renter or host, to timely deliver, make available, or return any vehicle.
- Use the Services to find a host or renter, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Mobii (aka, gray market transactions, which do not necessarily require the exchange of money)
- Transfer your Mobii Account and/or user ID to another party without our consent
- Leave a vehicle unlocked or running with the keys inside, except when expressly instructed to do so directly by Mobii in certain limited circumstances
Harm or threaten to harm users of our community, including:
- Harass, stalk, or defame any other Mobii user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or renter in accordance with these Terms
- Engage in physically or verbally abusive or threatening conduct
- Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers.
Use the Services for your own unrelated purposes, including to:
- Contact another Mobii user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
- Commercialize any content found on the Services or software associated with the Services, including reviews
- Harvest or otherwise collect information about users without their and our consent
Interfere with the operation of the Services, including by:
- Interfering with any other user's listings
- Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
- Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Mobii or the interests or property of others
- Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
- Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
- Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Mobii name, any Mobii trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services.
- Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
- Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
- Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Mobii or any of our service providers or any other third party (including another user) to protect the Services
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
- Endeavoring to circumvent a suspension, termination, or closure of your Mobii Account or the account of another Mobii user, including, but not limited to, creating a new Mobii Account or listing vehicles affiliated with or registered to a Mobii Account holder that has been suspended, terminated, or closed.
VII. OTHER LEGAL MATTERS
Violations. Mobii has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, unilaterally collect damages, fines, penalties which are expressly stated hereto, for violations of these Terms to the fullest extent permissible by the law.
Mobii reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Mobii, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Mobii, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Mobii Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user's performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. You agree that Mobii may contact you by electronic means (e.g., electronic mail; notifications via Mobii messaging; app notification) in lieu of any requirement for mailed notices. We will not share your phone number(s) and other personal and sensitive information with third parties for their own purposes without your consent and in compliance with the Data Privacy Act.
You authorize Mobii and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Mobii or its agents for quality control and training purposes. You acknowledge and understand that your communications with Mobii may be overheard, monitored, or recorded without further notice or warning.
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. Mobii is not an insurance company and does not insure hosts or renters. Nevertheless, the Host or renters are free to obtain any type of insurance on their own whenever they deem necessary, convenient, and in order to minimize risks, provided that Mobii shall not be a party nor privy to such contract of insurance availed by any party in connection to the use of the Services.
This does not however limit or restrict Mobii to partner with third party insurance companies which shall serve as the accredited insurance company partner of Mobii for referral to any party availing of the Services.
VIII. SPECIFIC TERM FOR RENTERS
The following sections also apply if you book a vehicle using the Services:
As a renter, you commit that you are a legally licensed driver and that you will provide proof to the host and via the Mobii app of your current valid driver's license.
You will treat the vehicle well and will take all reasonable measures to return the vehicle on time and in essentially the same condition as received.
You will not allow anyone other than a person listed in the booking details as an Approved Driver/s to drive the vehicle you booked, except when you opted to avail of the driver designated by the Host.
Renter financial responsibility for physical damage to the vehicle
The renter that booked the trip ("primary guest") is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.
In this regard, the renter shall undertake to workout and settle with the host the cost for repair of any physical damage, and exhaust and avail all possible options to recover or make monetary arrangements in case of theft.
Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on Mobii, you agree that if any damage occurs to the booked vehicle during the booked trip, you undertake to work with the host to make a claim for coverage under any policy of insurance that applies to the loss or damage.
Use of the vehicle
When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Grab or delivering food or other packages).
You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location.
You must present the host with the actual driver's license as uploaded in the Mobii App. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving.
In the event Mobii has any concern about your use of a vehicle, Mobii may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through Mobii.
The prohibited uses list is not meant to be exhaustive. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage.
Condition of the vehicle
Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition.
Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation or booking in order to ensure you are not held responsible for pre-existing damage.
If you find damage on your initial inspection and failed to report it, Mobii, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation or booking period.
If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Mobii team immediately through the app messaging or chat box or Mobii Customer Support to report the same and process the cancellation of your booking, as well as assist the renter for a re-booking.
No responsibility for shared vehicles
You acknowledge that Mobii is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles listed in the Mobii app beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
You must immediately report any damage to the vehicle you are using through the Mobii app. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Mobii or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident.
You are also required to cooperate in any loss investigation conducted by the host, third party claims administrators, or insurers.
After an incident, you may not continue to use the vehicle. Failure to timely report an incident or cooperate in an investigation maybe dealt with damages or prosecution of appropriate charges to the full extent of the law.
The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, specifically the Philippine National Police's Highway Patrol Group, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties:
- If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation
- If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services.
- If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest's responsibility
- If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle
- If the vehicle's interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
- If you fail or refuse to communicate in good faith with the host, police, Mobii, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
- If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver's license, whose driver's license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or Mobii material to the booking, use, or operation of vehicle
The primary guest who books the reservation is responsible for any private investigation costs which Mobii deems necessary to recover a vehicle that is not returned.
In addition, a Php50,000.00 case administration fee shall be immediately and unilaterally imposed and charged on the primary guest's credit card or any payment method availed, if Mobii and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned, without prejudice to any other penalties, fines, or damages which shall be imposed or collected thereafter.
Repossession. The host, in coordination with Mobii, may repossess any vehicle booked through the Mobii app without demand, at the guest's expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Mobii, and other authorities in all matters related to the investigation.
Otherwise, a Php250,000.00 case administration fee shall be immediately and unilaterally imposed and charged on the primary guest's credit card or any payment method availed, without prejudice to any other penalties, fines, or damages which shall be imposed or collected thereafter.
IX. SPECIFIC TERMS FOR HOST
The following sections also apply if you share and list your vehicle through the Mobii App Services:
As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition.
You will provide such vehicle on time but only to a renter who is listed on the Services as the primary guest for the trip, unless the renter opted to avail the services of your own designated driver for an additional fee.
You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest.
You will not cancel a booking for the purpose of seeking a higher price from a guest.
You will not offer any vehicle that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on Mobii does not violate the terms of the contract with the lienholder nor Mobii shall be liable from the latter due to unauthorized sharing or listing of your vehicle to this platform.
You will not offer or list any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not "street legal") in the location where it is shared and it will not have any illegal modifications to any part of the vehicle.
You will remove any firearms or other weapons from your vehicle prior to providing it to a renter. You will repay loans related to your Mobii business on time and in full.
Information given at registration
When you sign up for Mobii, you will identify passenger vehicle(s) that you want to list for sharing through the Mobii App Services. Each vehicle must meet the requirements set forth by Mobii. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation.
Mobii may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles ("Images"). You alone are responsible for using the Images in connection with your Mobii listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You acknowledge that Mobii may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Mobii photography option, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Mobii.
Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest or renter. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Mobii and ensure that the vehicle is available at that location at the beginning of the reservation period.
you must verify that a prospective guest has a current, valid driver's license before you give the keys and provide the renter your vehicle, and ensure the driver's license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver's license.
Pricing, earnings, and payments
You will have the sole ability to set and revise the vehicle's pricing or daily rate as you choose.
Mobii will pay you the amount collected from guests that book your vehicle, less the applicable commission fees payable to Mobii, as discussed in the Addendum.
To the extent you owe Mobii money for any reason, Mobii also reserves the right to unilaterally deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, without need of demand.
For purposes of receiving payment proceeds via Mobii accredited payment service, you agree to be bound by its corresponding terms, which may be modified from time to time. As a condition of Mobii enabling payment processing services, you authorize Mobii to obtain all necessary access and perform all necessary activity on your registered Account to facilitate sharing of your vehicle. You further agree to provide accurate and complete information about you, and authorize Mobii to share it and transaction information with Mobii's accredited payment service for the purposes of facilitating the payment processing services. Mobii reserves the right to switch payment processing vendors at its discretion.
You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Mobii believes that your vehicle does not conform to reasonable standards, Mobii may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Mobii may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services.
Reporting vehicle damage
If you believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) in order for Mobii to contact and/or unilaterally deduct or hold any security deposit, charge the credit card, and other manner which will aid to settle this issue between the host and renter.
Physical damage to your vehicle
Other host-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the Mobii App Services.
You must maintain your own auto insurance policy for any vehicle you list on the Services and such policy must meet any minimum insurance levels required by law. You may need additional insurance coverage, including physical damage coverage, if you share a vehicle subject to a lease or loan. You agree to provide Mobii with information regarding your auto insurance policy as may be requested and to keep such information up to date.
You, as the host, or an authorized representative acting on behalf of the host, shall be exclusively responsible for providing commercial rental insurance coverage for any reservation of your vehicles through Mobii. You shall carry no less than the minimum applicable liability and/or physical damage automobile insurance for your vehicle, your guest, and his/her authorized drivers.
You represent and warrant that you are engaged in a licensed rental car business or are authorized to act on behalf of and bind a commercial rental car business in connection with listing vehicles on Mobii.
You further acknowledge and agree that you shall not expect to receive any protection or coverage from Mobii or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured motorist coverage, or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a booking of your vehicle in the event that you have chosen to provide your own commercial rental insurance.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example).
You must never surprise guests with hidden costs or requirements at pick-up.
Mobii reserves the right, in its sole discretion, to remove your listings, or suspend your Mobii Account for failure to be transparent with guests about fees, costs, and requirements in your vehicle listing page.
You acknowledge that the actual damages likely to result from your breach of this section are difficult to estimate accurately and would be difficult for Mobii to prove with certainty. You will pay Mobii Php50,000.00 per breach in liquidated damages to compensate Mobii for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty.
X. GENERAL PROVISIONS
You may discontinue your use of the Services at any time and Mobii may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Mobii may retain and continue to use any information, including but not limited to photography, previously provided by you.
Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No vehicle transfer or assignment
Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the Services.
MOBII PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES BETWEEN HOSTS AND RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, MOBII DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED"AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, MOBII EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Mobii makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Mobii makes no warranty regarding the quality of any listings, vehicles, hosts, renters, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Mobii, or its partners, service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of liability and waiver
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST MOBII AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, AND INSURANCE PARTNERS), OR EMPLOYEES (TOGETHER, THE "MOBII PARTIES") FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR RENTER, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR RENTER.
YOU AGREE THAT NEITHER MOBII NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBII AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
You agree to release, defend, indemnify, and hold Mobii and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle. This indemnification provision is a fundamental element of the basis of the bargain between Mobii and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Mobii to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Mobii domains, trademarks, or taglines without Mobii's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Mobii Parties or a Mobii user in any manner prohibited or waived herein, (4) as a host, sharing your vehicle via the Services with expired registration stickers or without current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the subject of a missing or stolen vehicle report, (6) as a host, offering any vehicle or releasing a vehicle to a guest that is not roadworthy or is otherwise in an unsafe condition, (7) as a host, cancel or modify a trip to manipulate the price or potential earnings for a vehicle, or (8) creating or using a Mobii account that has the effect of circumventing Mobii's suspension, termination, or closure of another Mobii account. If upon investigation by Mobii, you were found to have violated the terms as above stated, you will pay Mobii Php50,000.00 per breach as a form of Liquidated Damages to compensate Mobii for any of such conduct.
This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Mobii and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Not a rental car company
Mobii is not a rental car company. It does not own a fleet of vehicles, and is not in the business of renting vehicles to the public. Mobii provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.
XI. VENUE IN CASE OF LITIGATION
The Parties hereby agreed that in case of litigation arising from this Terms of Service, the venue shall be exclusively in the City of Makati, Philippines to the exclusion of all other courts .
XII. INTERPRETATION/MISCELLANEOUS PROVISIONS
In case of ambiguity or misunderstanding on the provisions of this Terms, including its annexes or addendums, such ambiguity or misunderstanding shall be interpreted as to make this Terms valid and binding.
In case any provision in this Agreement shall be declared by the proper Court or authorities to be null, void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall remain valid and binding to both the Parties herein, their heirs, successors, and assigns; neither shall the declaration of the nullity of any provision in this Terms of Service, including its annexes or addendums, affect the validity, legality and enforceability of the these Terms and other documents in relation to this transaction executed by the Parties.