terms of use

• Please read the Terms of Use of this platform carefully. These Terms of Use govern your use and access to the Platform (collectively “Servbees” as defined below) and the use of its Services (as defined below). By accessing the Platform, downloading the mobile application, signing up, and using the Services, you agree to be bound by these Terms of Use. If you do not agree to these terms, do not access and/or use Servbees.

• The Servbees Mobile Application is an internet application (“Servbees Mobile Application” or the “Application”) owned by Servbees Pte. Ltd. and operated by 360Verve, OPC (hereinafter collectively referred to as the “Company,” “we,” or “us”). Servbees provides an internet-based platform service (the “Service”) that allows its customers (“Customers”) to the following:

• Access Servbees's network of service providers to identify and transact with local providers to meet intermittent needs for services;
• Provide a Selling Service where you can post items for sale and/or purchase items posted by other Customers;
• Provide a “Posting Service” where you can put up and/or find listings for whatever you need, such as items and specific tasks

• This Terms of Use is an agreement between you and 360Verve, OPC, a corporation registered under the laws of the Republic of the Philippines, and its affiliates (collectively referred to as the “Company”). References to “Servbees”, “we”, “our”, or “us” are to Servbees and references to “you”, “your” or “yourself” are to the Users (as defined below) with whom Servbees enters into this agreement.

• If you are accepting this Terms of Use on behalf of another, you represent and warrant that (a) as agent, you have full legal authority to bind your principal to this Agreement; (b) you have read and understood the contents of this Terms of Use; and (c) you agree, on behalf of your principal, to this Terms of Use. If you do not have the legal authority to bind your principal to this Terms of Use, you must not sign up for an Account (as defined below) on behalf of your principal or use any of the Service provided here

• By signing up and using an Account (as defined below), by using Servbees, or otherwise by communicating your acceptance of this Terms of Use, you agree that you have read, understood, and accepted all of the terms and conditions contained in this Terms of Use including all other documents herein referred to.

• IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF USE AND ABIDE BY ITS TERMS, PLEASE DO NOT USE OR ACCESS SERVBEES.

1. definitions and interpretation

• 1.1 Definitions. In this Terms of Use, unless the context otherwise requires:

• “Acceptable Use Policy” means the acceptable use policy set out on this webpage www.help.servbees.com, as varied or amended by us from time to time in our sole discretion.
• “Account” means an account registered with us enabling you to use the Platform.
• “Agreement Fee” shall refer to the fee / amount / cost for the service / goods / items as posted and/or agreed upon by the Customer and Provider
• “Company” shall collectively refer to 360Verve, OPC and its affiliates who own, operate, and manage the Platform.
• “Content” “Content” means any images, photographs, designs, graphics, logos, marks, audio files, video, software, technology, communications, text, links, artwork, animations, illustrations, data, material, information, and other content.
• “Customer” shall collectively refer to the client, buyer, and service recipient in reference to the service / item / goods posted on the Platform. For the sake of clarity, the Customer shall have the obligation to pay the service / item / goods as posted on the Platform.
• “Dispute” shall refer to a complaint and/or claim by the Customer for a refund in reference to the service / item / goods given by the Provider.
• “Fee Schedule” means the fee schedule set out on this webpage www.help.servbees.com, as varied or amended by us from time to time in our sole discretion.
• “Identity Checks” means any checks done by us to verify the identity, qualification or skills of any User (including, but not limited to, verification of mobile phone number, verification of payment information, references or integration with third party social media accounts).
• “Needs Posting” means the listing or post created by Users on the Platform inviting offers for supplying or receiving of services / items / goods.
• “Offer” means an offer made by a User in response to a “Needs Posting.”
• “Payout” means the amount already available to the User for withdrawal from completed transactions made through the Platform.
• “Platform” means collectively the Site and Services
• “Platform Fee” means the fees collected for every transaction made through the Platform as indicated in the Fee Schedule (defined above)
• “Privacy Policy” means the privacy policy set out on this webpage www.help.servbees.com, as varied or amended by us from time to time in our sole discretion.
• “Provider” shall collectively refer to the seller and/or person providing the service to the Customer in reference to the service / item / goods posted in the Platform. For the sake of clarity, the Provider shall have the obligation to provide the service / item / goods as posted on the Platform.
• “Servbees” shall collectively refer to the Platform, the Site, and the Services provided by the Company.
• “Services” means the services made available online by Servbees through the Platform.
  These includes the following:
  • a. Access Servbees’s network of service providers to identify and transact with local providers to meet intermittent needs for services;
  • b. Provide a “Selling Service,” where you can post items for sale and/or purchase items posted by other Customers;
  • c. Provide a “Posting Service” where you can put up and/or find listings for whatever you need, such as items and specific tasks.
• “Site” means the website located at https://www.servbees.com and any of our associated websites, application programming interfaces (API), and applications.
• “Servbees Completion” means, with respect to a Servbees Contract, the completion of the service / items / goods thereunder, as determined in accordance with Clause 4.
• “Servbees Contract” means the separate contract which is formed between the Customer and Provider for the delivery and/or performance of a service / items / goods as posted on the Platform. The Servbees Contract is supplemental to the Offer and shall substantially be in the form set out on this webpage www.help.servbees.com, as varied or amended by us from time to time in our sole discretion.
• “User Content” means Content uploaded, transmitted, posted, or submitted to us through the Platform by a User.
• “User” means any visitor or user of the Platform, and shall include you. Throughout this Terms of Use, User may be referred to as “you,” “your,” or “yourself.”

• 1.2. Interpretation. In this Terms of Use, unless the context otherwise requires:

• the singular includes the plural and the plural includes the singular;
• references to a document include all amendments or supplements to, or replacements or novation of that document;
• references to a party to a document includes the successors and permitted assigns;
• references to time and date is a reference to Philippine time and date as defined by the New Civil Code of the Philippines;
• no provision of this Terms of Use shall be construed adversely to a party because that party was responsible for the preparation of this Terms of Use or that provision;
• the terms “personal data” and “processing” (when used in relation to personal data) shall have the meanings given to them in the Data Privacy Act 2012 of the Philippines;
• the terms “corporation” and “OPC” shall have the meanings given to them by the Corporation Code of the Philippines; and
• the expression “including” or similar expression does not limit what else is included.

2. the platform

• 2.1. Eligibility. We grant you the limited, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform, subject to you complying with all of the following conditions:

• 2.1.1. if you are an individual, you must be at least 18 years old;
• 2.1.2. if you are not an individual:
  • 2.1.2.1. you must be validly existing under the laws of the jurisdiction of your incorporation or registration; and
  • 2.1.2.2. the individual using the Platform on your behalf must have full legal authority to bind you;
• 2.1.3. you must at all times comply with and satisfy all of our due diligence procedures and requirements (including, but not limited to, complying with our Identity Checks from time to time);
• 2.1.4. all provisions of this Terms of Use, the Acceptable Use Policy and the Privacy Policy (each of which you hereby confirm that you have read and understood); and
• 2.1.5. all such other terms and conditions (including, but not limited to, your representations and warranties) as are set out or incorporated herein and as we way from time to time amend and/or notify you of on the Platform.
• 2.1.6. If you are below the age of 18 years old, you must secure the consent of your parent or legal guardian, who will agree to abide by the terms and conditions of this agreement. The Company is not responsible for any unlawful rendering of services or contracts with minors.

• 2.2. Marketplace Venue. The Platform is a marketplace venue enabling connections to be made between Users for the publication of Needs Postings, communication of Offers and the fulfilment of offered service / items / goods. The Company is not responsible for the performance, communications, or any aspect of interaction between the Customer and Provider, and we make no representation or warranty as to the truth or accuracy of any aspect of any information provided by any User. We do not guarantee the fulfilment of any Needs Postings and/or, Offers and you agree to assume all risks of non-performance and non-payment. The Company does not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of the Needs Postings, the Offers, and/or the Users (including, but not limited to, the ability of any User to perform tasks, supply items, or pay for the services requested).

• 2.3. Restriction of Features and Functionalities. Certain features and/or functionalities on the Platform may be restricted from time to time in our sole and absolute discretion.

• 2.4. Ancillary Items. In order to use the Platform, an Internet connection and certain equipment (such as a computer or a smartphone) may be required. You are responsible at your own cost and expense for all connections and/or equipment required to use the Platform.

• 2.5. Support. If you require any assistance with the Platform, you may contact us at help@servbees.com. We make no representation or warranty on the level of support we will provide to you.

3. accounts

• 3.1.Opening. In order to use certain features of the Platform, you must open an Account by providing us with your name, email address, mobile number, password, and/or such other information and documents as we may require from time to time. We may, in our sole discretion and without being required to give justification, refuse to open an Account for you or limit the number of Accounts that you may hold.

• 3.2.Access. Your Account will be secured through the use of such login credentials and other forms of authentication as we may require from time to time. In connection with the security of your Account, we may, from time to time, prohibit access to your Account from or by any device which we, in our sole discretion and without being required to give justification, deem to be a risk to the security of your Account. You are solely responsible for the security of your Account login credentials and other forms of authentication and must keep all login credentials and other forms of authentication strictly secret and confidential. You are responsible for all activities that occur in our platform through your Account, and you shall have no claim against the Company in connection with us acting in reliance on the instructions given or sent from your Account.

• 3.3.Suspension. We may at any time, in our sole discretion and without being required to give justification, suspend any Account for reasons such as (a) any breach or suspected breach of this Agreement; (b) your Account becoming subject to any investigation or court order; (c) any suspicious or illegal activity being detected on your Account; or (d) any other reason. If your Account is suspended, then for the duration of such suspension, you are not able to use the Platform. Notwithstanding any provision to the contrary, all withdrawals of Payouts due to your Account (where applicable) shall not be allowed. Any waiver or exception to the aforesaid shall be in our sole and absolute discretion and without being required to give justification on a case-by-case basis.

• 3.4.Closure. We may at any time, in our sole discretion and without being required to give justification, close any Account for reasons such as (a) any breach or suspected breach of this Agreement; (b) your Account becoming subject to any investigation or court order; (c) any suspicious or illegal activity being detected on your Account; or (d) any other reason. At any time, you may also submit a request for us to close your Account, subject to the provisions of this Terms of Use.

• 3.5.Identity Verification. We may, from time to time, conduct Identity Checks on our Users based on our sole discretion and without being required to give justification.

• 3.6.Know Your Customer (KYC). In compliance with the requirements of the Bangko Sentral ng Pilipinas (BSP), we shall require Users to complete the KYC process. We may verify your registration information through a third party verification vendor, as we may deem necessary. In some cases, we may ask you to provide additional details or information that can aid in verifying your identity.

• 3.7.Limitations of Identity Checks. You agree that our Identity Checks may not be fully accurate as we are dependent on user-supplied information and/or information or verification services provided by third parties. We do not assume any responsibility for the accuracy or reliability of Identity Checks information or any information provided through the Platform.

4. services

• 4.1. Use of the Platform. When you use the Platform to create, publish, or edit a Needs Posting; and/or make or accept an Offer, you agree, undertake, and certify that:

• 4.1.1. any and all Content supplied is true and accurate;
• 4.1.2. any and all Content supplied is not misleading or deceptive;
• 4.1.3. any and all Content supplied does not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
• 4.1.4. any and all Content posted on the Platform does not, in any way whatsoever, potentially or actually be harmful to us or any other person. Harm includes but is not limited to, economic loss that will or may be suffered by us; and
• 4.1.5. you are granting us the unrestricted, worldwide, royalty-free, and irrevocable license to use, reproduce, modify, and adapt any content and information posted or communicated on or through the Platform for the purpose of publishing materials on the Platform and as otherwise may be required to provide the Platform, for the general promotion of the Platform, and as permitted by this Terms of Use.

• 4.2. Providing Goods / Items. When providing any goods / items in response to a Needs Posting, you agree, undertake, and certify that:

• 4.2.1. you will only provide goods / items which are of standard quality as agreed upon between you and the Customer;
• 4.2.2. you will provide goods / items based on the quantity as agreed upon between you and the Customer;
• 4.2.3. you will fulfill the agreement between you and the Customer in utmost good faith and due diligence, unless prohibited by the law; this Terms of Use; by an agreement between the User and a third party; or by any of our Policies;
• 4.2.4. you will not request for payments outside of the Platform from the Customer unless expressly permitted by Clause 6.2; and
• 4.2.5. if you agree to pay some costs of completing the transaction (such as providing additional equipment), you are solely responsible for obtaining any reimbursement from the Customer. We advise Providers not to agree to incur any costs in advance of receiving payment from the Customer and to retain all supporting documents of the cost incurred. The Company shall not be held liable for any and all additional fees relative to this.

• 4.3. Providing Services. When providing any service, you agree, undertake, and certify that:

• 4.3.1. you will provide timely and high-quality services to the Service Recipient with due care, skill, and diligence;
• 4.3.2. you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely and in accordance with all applicable laws;
• 4.3.3. you will not, when providing the services, charge the Customer any fees on top of the Agreement Fees. However, the parties may agree to amend the Agreement Fees, as necessary, through the Platform;
• 4.3.4. you will fulfill the services in accordance with the agreement between you and the Customer, unless prohibited by law; this Terms of Use, an agreement between the User and a third party; or by any of our Policies;
• 4.3.5. you will not request for payments outside the Platform from the Customer except to the extent permitted by Clause 6.2; and
• 4.3.6. if you agree to pay some costs of completing the services (such as providing additional equipment), you are solely responsible for obtaining any reimbursement from the Customer. We advise Providers not to agree to incur any costs in advance of receiving payment from the Customer and to retain all supporting documents of the cost incurred. The Company shall not be held liable for any and all additional fees relative to this.

• 4.4. Pricing of Services / Items / Goods. You are solely responsible for the pricing of the services / items / goods, although we reserve the absolute and sole discretion, without being required to give justification, to impose restrictions, floors, and/or ceilings on such pricing.

• 4.5. Separate Agreement. When an Offer is made or accepted by you:

• 4.5.1. (where you are the offeror) you acknowledge that you are offering to enter into a separate legal and binding agreement (“Servbees Contract”) with the offeree of that Offer; or (where you are the offeree) you acknowledge that you are entering into a separate legal and binding agreement with the offeror of the Offer;
• 4.5.2. the terms of the Servbees Contract shall be supplemental to that Offer, and you agree to comply with the Servbees Contract and this Terms of Use during the engagement, performance and completion of the service and/or production and delivery of the goods / items;
• 4.5.3. in relation to a service, where you are the Customer, you shall determine whether you will be present when the services are performed and/or completed, and if you choose not to be present when the services are performed and/or completed, you agree that the person present when the services are performed and/or completed (for example, your spouse or friend) shall be deemed your agent and the Provider may take and follow such agent’s direction as if given by yourself;
• 4.5.4. in relation to an item / goods, where you are the Customer, you shall determine and agree with the Provider where and how the goods / items will be produced and/or delivered to you, whichever is applicable. When and if you are unable to personally receive the goods / items from the Provider on the agreed upon delivery date, you shall authorize another person on your behalf to accept and receive the goods / items from the Provider, as if you personally received the same;
• 4.5.5. we recommend that the payment for the Agreement Fee should be made cashless through the several payment options offered within the Platform. This avoids bogus transactions and ensures that the Customer will pay for the service / item / goods which was the subject of the Needs Posting. In relation to this, you agree to appoint us as a limited collection agent for you, to facilitate payment of the Agreement Fee by the Customer to the Provider through the Platform;
• 4.5.6. where you are the Customer, you agree to pay to us all fees chargeable by us hereunder; and
• 4.5.7. you agree to comply with our dispute / refund policy under Clause VII of this Terms of Use, to notify us of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via us.

• 4.6 Cancellation. We may, from time to time, consent to the cancellation or withdrawal of your Needs Postings and/or Offers. However, we may charge cancellation fees and you are solely responsible for any third party consents required for such cancellation or withdrawal.

• 4.7. Servbees Completion. With respect to an Servbees Contract:

• 4.7.1. You may inform us of the completion of the service and/or delivery of the item / goods through the Platform; and
• 4.7.2. Servbees Completion shall be deemed achieved:
  • 4.7.2.1. when both you and the other User confirm completion of the services and/or delivery of the items / goods through the Platform; or
  • 4.7.2.2. upon the lapse of seven (7) days following the other User’s confirmation that the services are completed and/or the items / goods are delivered, should you fail to confirm completion or fail to notify us of a dispute with the other User on the completion of the services and/or delivery of goods / item within such seven (7) day period.

• 4.8. Dispute with other Users. You agree that if you have any complaints or disputes with another User, such complaints or disputes must be taken up with that User directly. For any dispute on the service / item / goods provided by the Provider, Clause 7 of this Terms of Use shall apply.

• 4.9. Removal. Notwithstanding any provision to the contrary, we reserve the right at any time, without notice to you and without being required to give justification, to remove any Content, Needs Posting, and/or Offer that you have submitted to the Platform or to cancel or suspend your Account, any Needs Posting, Service Offer, and/or any Servbees Contract.

• 4.10. Tax, Legal and Regulatory Compliance. You must have the right to provide or receive services under an agreement or a Servbees Contract and work or receive services in the jurisdictions in which the services are performed (as the case may be). For items / goods, you must have the right to provide / produce and/or deliver the goods / items you post / offer. You are solely responsible for complying with all tax, legal regulatory obligations in relation to any services rendered and/or items / goods produced, delivered or received, or payment made or received, pursuant to an agreement / Servbees Contract between you and the Customer and/or Provider, as the case may be. You shall have the sole responsibility to transact, file, pay, submit and/or comply with all tax laws and other regulatory compliance as may be required by the laws in your jurisdiction. The Company shall have no liability whatsoever to pay, transact, submit, and/or file any document on your behalf in compliance with tax and other regulatory laws in your jurisdiction.

5. agreement fees

• 5.1. Agreement Fees. The fees pertained to in this Clause specifically refer to the Agreement Fees as posted and/or agreed upon by the Provider and Customer through the Needs Posting and/or Offer, as the case may be.

• 5.2. Determination of Agreement Fees. You are solely responsible for the pricing of the services / items / goods, although we reserve the absolute and sole discretion, without being required to give justification, to impose restrictions, floors, and/or ceilings on such pricing.

• 5.3. Liability on Agreement Fees. The Company shall have no liability whatsoever with regard to the Agreement Fees as posted and/or agreed upon by the Users. The Users shall hold the Company free of any liability for any Agreement Fees, interests, and/or penalties in relation to the Agreement Fees.

6. platform fees

• 6.1. Payment. You agree to pay to us:

• 6.1.1. All of our fees set out in the Subscription Fees, as we may from time to time revise in our sole discretion and without being required to give justification; and
• 6.1.2. if the payment for the service / item / goods shall be made through the platform, all Agreement Fees due to the Provider.

• 6.2. Payment Method.

• 6.2.1. Payment of all Platform Fees and Agreement Fees shall be through cash, credit or debit card, e-wallet (via PayMongo) or such other payment methods as we may from time to time permit on the Platform. By using the methods provided by PayMongo, you also abide by the terms of these third party payment portals. See https://www.paymongo.com/terms for more information.
• 6.2.2. You may be required to provide your payment method details to us and any third party we may use to process payments. For all credit or debit card details you provide us with, you represent and warrant that you have all necessary consents and approvals to use such credit or debit card, and that we are authorized to disclose such credit or debit card details to our third party payment processors.
• 6.2.3. If the Agreement Fee is or will be paid in cash (as agreed between the Provider and the Customer under an agreement and permitted by Servbees), the Provider and the Customer shall be responsible to each other for such cash payment, and Servbees shall have no duties nor liability whatsoever in respect of such cash payment.

• 6.3. Charging your Card and/or E-Wallet.

• 6.3.1. This clause applies only if the Posting or Offer indicates that payment can and will be made by credit or debit card and/or e-wallet.
• 6.3.2. When a Customer creates an Account, the Customer is authorizing us to confirm with the issuing bank of his/her or its credit or debit card and/or e-wallet that it is a valid account, through an authorization or such other reasonable procedures as may be determined as necessary by the Company.
• 6.3.3. When an Offer is accepted, the Customer is authorizing us to request for a card authorization hold on his/her/its credit or debit card and/or e-wallet for the full Agreement Fee and any other applicable fees chargeable hereunder in respect of the Offer. Such authorization shall include any extension or renewal of such authorization held for so long as Servbees Completion is not achieved or (if applicable) until such time any dispute between the relevant Users is resolved.
• 6.3.4. Upon Servbees Completion in accordance with Clause 4.7, the Recipient is deemed to have authorized us to charge his/her/its credit or debit card and/or e-wallet for the full Agreement Fee and all fees chargeable by us hereunder.

• 6.4. Release of Service Fees / Payout.

• 6.4.1. This Clause 6.4 applies only if the Fees for the service / items / goods are paid to us pending Servbees Completion.
• 6.4.2. Following Servbees Completion, the Agreement Fees for the service / items / goods (less all fees chargeable by us hereunder in accordance with this Terms of Use) shall be released to the Provider in such manner as prescribed by us from time to time (“Payout”) unless a dispute is accordingly and timely made by the Customer regarding the service / items / goods in accordance with Clause 7 of this Terms of Use.
• 6.4.3. The payout of all amounts available for payment to the Provider shall be made every Friday through the payout method chosen by the Provider through his/her sign-up information.
• 6.4.4. Notwithstanding any provision to the contrary, we shall be entitled:
  • 6.4.4.1. to return the Agreement Fee for the service / items / goods to the Customer at any time:
    • if the Posting, Offer, and/or Services is suspended, cancelled, withdrawn, rescinded, removed, or terminated;
    • if the Item / Goods are not accepted and/or returned by the Customer due to a dispute; or
    • for whatsoever reason in our absolute discretion; or
  • 6.4.4.2. to release and/or return the Agreement Fee for the service / items / goods to the Provider and/or the Customer in such proportions as determined by us in accordance with Clause 4.8.6.
• 6.4.5. You agree that you shall have no claim against the Company aside from the Payout for the services / items / goods paid through Servbees which is already available for release in accordance with Clause 6.4 of this Terms of Use. You agree that you shall hold Servbees and the Company free from any and all liability with regard to the services / items / goods posted, offered and/or agreed by and between the Provider and the Customer.

• 6.5. Reimbursement and/or Additional Cost for the Service / Items / Goods. If a Posting, Offer, Agreement and/or Servbees Contract between the Provider and Customer requires the Provider to incur additional costs outside of the Platform, the cost incurred will not be included in the calculation of the Platform Fee. The Provider will be solely responsible for obtaining reimbursement from the Customer directly or, if permitted by us, through the Platform (in which event additional fees as set out in the Fee Schedule may apply).

• 6.6. No Refund. Unless otherwise expressly mentioned in this Terms of Use, all fees and charges payable to us are non-cancellable and are non-refundable.

• 6.7. Dispute with Card Company. In the event of any dispute with your credit or debit card company or financial institution, you shall be solely responsible for resolving them and the Company shall have no liability and/or responsibility in relation to this whatsoever.

• 6.8. Restriction on Account We reserve the right to restrict your Account; to suspend the processing of any transaction; or to disable or limit the use of your credit or debit card if:

• there are at any time any fees owed to us;
• there is any transaction error resulting in decline or charge back from a financial institution;
• we believe that your credit or debit card has been used fraudulently, illegally or involves criminal activity; or
• we believe that you are in breach of this Terms of Use.

• 6.9. Set Off. All payments made to us shall be without set off, counterclaim, taxes, duties, withholding (except to the extent required by law) and deduction. However, we shall be entitled to, at any time without notice to you and from time to time without prejudice to any other remedies available to us, set off any amounts due to you against any obligation owed by you to us, whether present or future, actual or contingent, liquidated or unliquidated, primary or collateral, several or joint.

• 6.10. Payment Services Provider. Payment processing services hereunder are provided by PayMongo and are subject to the separate Terms and Conditions of PayMongo (Terms of Service | PayMongo). By agreeing to this Terms of Use or by continuing to operate your Account or use the Platform, you agree to be bound by the Terms of Service of PayMongo, as may be modified from time to time. As a condition of us enabling payment processing services through PayMongo, you agree to provide us with accurate and complete information about you and your business, and you authorize us to share it with PayMongo along with any transaction information related to your use of the payment processing services provided by PayMongo.

7. customer dispute

• 7.1. Application of Provision. This Clause 7 shall apply only if the Fees for the service / items / goods are paid through Servbees.

• 7.2. Period to File Dispute. You agree that the Customer can file a dispute and claim for a refund for the payment made within the following period only:

• For Perishable Items / Goods, dispute must be filed within twenty-four (24) hours from receipt and/or tender of delivery of the items / goods in question;
• For Non-Perishable Items / Goods, dispute must be filed within three (3) days from receipt and/or tender of delivery of the items / goods in question; or
• For Services, dispute must be filed within three (3) days from receipt and/or tender of delivery of the service in question.

• 7.3. Failure to File Dispute. The Company shall not entertain any dispute after the period stated above has already lapsed.

• 7.4. Suspension of Payout for Disputed Transactions. If the Customer timely files a dispute against the service / items / goods within the period stated above, the payout to the Provider for the specific amount of the transaction in relation to said dispute shall be suspended and remain on hold by Servbees, without gaining any interest whatsoever, until the dispute has been resolved. If Servbees, through its independent investigation in accordance with Clause 7.5.4 of this Terms of Use, found that the dispute is meritorious, it shall refund the Agreement Fee to the Customer.

• 7.5. Dispute Resolution. If a Customer timely files a dispute against the Provider in accordance with Clause 7.2 above, the Customer and Provider shall mutually resolve the dispute between each other and without including the Platform.

• 7.5.1. Pending the mutual agreement on the resolution of the dispute, the Platform shall hold the payout for the specific transaction which is subject to dispute and shall act accordingly after notification from the Customer and/or Provider of their agreement on the dispute.
• 7.5.2. In accordance with the agreement between the Customer and the Provider, the Platform shall either refund the Agreement Fee to the Customer or release the Payout to the Provider.
• 7.5.3. The Platform shall hold the Agreement Fee without earning any interest whatsoever.
• 7.5.4. If, at the request of the User/s and at our absolute discretion, we may agree to assist in a dispute between the Customer and Provider, subject to the following conditions:

• • both Users acknowledge and agree that we are acting as experts (and not as arbitrators), and you may at any time proceed with legal proceedings against that User in an applicable court of law;

• • you agree that we may at any time withdraw from assisting you in this dispute;

• • you must cooperate with all investigation conducted by us and provide us with all such information and documents as we may from time to time reasonably request;

• • until such time the dispute is resolved, we shall (where payment for the services / items / goods is by credit or debit card) have the right to (1) extend the authorization on your credit or debit card for the Agreement Fee; or (2) charge your credit or debit card for the Agreement Fee and hold such amounts in escrow;

• • you consent to us disclosing your personal data to that User for purposes in connection with this dispute;

• • you agree to abide and be bound by the final determination made by us (acting reasonably) on this dispute and to the payment, return and/or release of the Agreement Fees accordingly; and

• • notwithstanding the above, we will not be a party to dispute and/or negotiate any disputes between Users and you acknowledge and agree that under no circumstances shall we have any liability nor obligation to offer any refunds.

8. termination

• 8.1. Termination by Us. We may in our absolute and sole discretion, at any time and for any reason, without being required to give justification, close your Account and terminate this Terms of Use. Upon the closure of your Account, all uncompleted transactions associated with your Account shall be terminated immediately and all fees, costs, and expenses accruing to us under this Terms of Use shall be immediately become due and payable, and you must immediately settle all such fees, costs, and expenses due and payable. Any and all amounts which are subject to dispute and/or pending investigation shall remain on hold, without gaining any interest whatsoever, until the dispute is resolved and/or the investigation is completed.

• 8.2. Termination by You. You may terminate this Terms of Use at any time by informing us of your intention to terminate this Terms of Use and requesting us to close your Account. Upon the closure of your Account, all uncompleted transactions associated with your Account shall be terminated immediately, and all fees, costs and expenses accruing to us under this Terms of Use shall be immediately become due and payable, and you must immediately settle all such fees, costs, and expenses due and payable. Any and all amounts which are subject to dispute and/or pending investigation shall remain on hold, without gaining any interest whatsoever, until the dispute is resolved and/or the investigation is completed.

• 8.3. Data after Termination. The data you have provided to us through your registration shall be retained by us, unless otherwise requested to be deleted in accordance with our Privacy Policy.

• 8.4. Survival. All parts of this Terms of Use, which by their nature should survive the expiration or termination of this Terms of Use, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Terms of Use.

9. representations, warranties, undertakings and acknowledgements

• 9.1. Warranties and Undertakings. You represent, warrant, and undertake to us the following:

• if you are an individual, you are 18 years of age or older and have full power and authority to enter into this Terms of Use and to perform all your obligations hereunder;
• if you are not an individual:
  • you must be validly existing under the laws of the jurisdiction of your incorporation or registration; and
  • the individual using the Platform on your behalf must have full legal authority to bind you;
• your entry into this Terms of Use have been duly and effectively authorized by all necessary actions on your part, and this Terms of Use constitutes binding and enforceable obligations upon you;
• the entry into and performance by you of your obligations hereunder do not and will not conflict with or result in a breach of any law, regulation, order, judgment or decree of any court, governmental authority or regulatory body applicable to you;
• you will comply with our Acceptable Use Policy;
• you will comply in all respects with all laws and regulations applicable to you in relation to your use of the Platform (including, but not limited to making a Posting and/or an Offer) and the performance, delivery, and receipt of the service / items / goods;
• you will not knowingly infringe or violate any third party right, or breach any agreements or legal obligations that you may have toward any third party;
• you will not submit or post any Content on the Platform which you know to be false, misleading, inaccurate, deceptive, or fraudulent;
• you will fulfill the commitments you make to other Users;
• you will not use the Platform for any immoral or illegal purposes;
• you will respect the privacy (including, but not limited to, the private, family and home life), property, and data protection rights of Users;
• you will not record (whether video, audio, or otherwise) your provision, delivery or receipt of the service / items / goods or your any interaction with any User without the other party’s consent;
• you will not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another person’s privacy;
• you will not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters, and will not run any mailing lists, listservs, or any kind of auto-responder or spam on or through the Platform;
• you will not distribute software viruses, or anything else designed to interfere with (a) the proper functioning of any software, hardware, or equipment on or relating to the Platform; (b) the use of the Platform by any other User; or (c) measures put in place to prohibit or prevent you from accessing or using all or part of the Platform;
• you will not bypass any measures that we have put in place to secure the Platform, take actions to gain unauthorized access to any system, data, passwords, or other Content, reverse engineer or take apart any aspect of the Platform to access any underlying information, or use any kind of software to crawl, spider, or index any part of the Platform;
• all Content as you may from time to time submit to us are true, accurate, authentic, and not misleading in any manner;
• your Account must only be used by yourself and you must not allow any other person to use your Account or to use the Platform through your Account; and
• you are fully responsible for all applicable tax with respect to your use of the Platform.

10. intellectual property

• 10.1. Our Intellectual Property. We shall retain all rights, title, and interests in and to all of our intellectual property rights. Except as expressly provided in this Terms of Use, no rights or obligations in respect of our intellectual property rights and our Content are granted to you or are to be implied from this Terms of Use.

• 10.2. Your User Content. We reserve the right at any time to reject or remove any User Content from the Platform. You will retain all rights, title, and interests in and to your User Content, except that whenever you submit User Content to us (whether using the Platform or otherwise):

• you are granting us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully paid-up, sub-licensable (without limit as to the number of tiers), transferable license to use, display, exploit, change, edit, modify, create derivatives of and translate the User Content for any purpose; and
• you are representing and warranting to us that (1) you have all necessary rights, licenses, consents, and permissions to grant the rights and licenses to us in the manner set forth in this Terms of Use; (2) your User Content does not and will not infringe upon the intellectual property rights, proprietary rights, privacy rights, confidentiality, moral rights, rights of publicity of any third party or otherwise violate the provisions of this Terms of Use or any applicable law; and (3) we will not need to obtain any rights, licenses, consents, or permissions from (or make any payments to) any third party for any use of your User Content or have any liability to any person or third party as a result of any use or exploitation of your User Content.

• 10.3. Removal of Content. We shall have the sole and absolute discretion to remove any Content, Postings, and/or Offers (whether submitted by you or otherwise) from the Platform without notice to you and without being required to give justification.

• 10.4. Other Content. We grant to you a limited, worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the User Content and our Content solely in connection with your use of the Platform in accordance with this Terms of Use. You undertake not to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works out of, license, or otherwise transfer or use any User Content or our Content without our prior written consent. We shall have the sole and absolute right to revoke this license to access and use the User Content and our Content at any time and without being required to give justification.

• 10.5. No Infringement. You must not, in connection with your use of the Services, infringe upon any intellectual property rights of us or of any third party.

11. data protection

• 11.1. Your Consent. You hereby consent to our collection, use, disclosure, storage, retention, processing, and transmission of all personal data (as disclosed to us by you) in accordance with our Privacy Policy and in accordance with Republic Act No. 10173 or the Data Privacy Act of 2012.

• 11.2. Disclosure to Us. Each time you disclose any personal data to us, you are representing and warranting to us that:

• the relevant individuals have consented to the collection, use, disclosure, storage, retention, processing, and transmission of their personal data by us in accordance with our Privacy Policy; and
• all necessary consents and approvals of the relevant individuals as required under applicable laws (including, but not limited to, the Republic Act No. 10173 or the Data Privacy Act of 2012) have been obtained, such that we may collect, use, disclose, store, retain, process, and transmit the personal data of such individuals in accordance with our Privacy Policy.

• 11.3. Other User’s Personal Data. When you use the Platform, create a Posting, make an Offer, enter into the Contract, receive the service / items / goods, or provide the service / items / goods, you may receive information about other Users including their personal data. You acknowledge and agree that such information is provided purely for the purpose of fulfilling the service / items / goods for the applicable Posting, Offer and/or Contract, and may not be used for other purposes (including, but not limited to, marketing) without separate verifiable consent from the User. You will maintain records of all such verifiable consent.

12. liabilities

• 12.1. No Warranties. To the fullest extent permissible under applicable laws, the Platform, our Content, User Content, and any other materials made available on the Platform are provided on an “as is”, “where is” and “as available” basis without representations and warranties of any kind whatsoever. No opinion, advice or statement of us or of our affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made through the Platform, or on third party platforms or otherwise, shall create any representation or warranty. Your access or use of the Platform and the Services is entirely at your own risk and you shall have no recourse whatsoever to us. To the fullest extent permissible under applicable laws, we expressly disclaim any and all representations and warranties (whether express or implied) including, but not limited to, the implied warranties of security, merchantability, satisfactory quality, functionality, fitness for a particular purpose, availability, title, freedom from malicious code and non-infringement.

• 12.2. Disclaimer of Liabilities. To the fullest extent permissible under applicable laws, we expressly disclaim (and you expressly release us from) all liabilities for (a) the truth, accuracy, adequacy, completeness, or reasonableness of any Content contained in or accessed through the Platform; (b) the Platform being interrupted or suffering from errors, loss, corruption, attack, virus, interference, hacking, or other security intrusions; (c) your inability to open, use or view any Content; (d) the reliability, validity, accuracy, or truthfulness of any Content; (e) any damages or losses relating to your use or attempted use of the Platform; (f) any act or omission of any User; (g) the Services (including but not limited to the reliability, safety, timeliness, quality, suitability, or availability thereof) and/or the Service Contract; (h) any act, omission, damages, or loss suffered by you following a period of any unavailability of the Platform; (i) any act, omission, damages, or loss arising from any instructions given from your Account which we have relied and/or acted upon; (j) damages or losses arising from your failure to fulfill any of your obligations hereunder; (k) loss of profits, loss of anticipated savings, loss of business, loss of opportunity, loss of revenue, loss of time, loss of goodwill or injury to reputation, and loss of or harm to data, whether direct or indirect, nor for any punitive, indirect, consequential, or special losses, howsoever caused and whether foreseeable or not; (l) losses caused by or in connection with death or personal injury due to your negligence, fraud or willful misconduct; (m) losses arising from any breach of applicable data protection laws due to your failure to obtain and maintain the relevant consents in order for us to provide the Services pursuant to the provisions hereunder; (n) loss of data, information, and records (howsoever caused) and computer malfunction; (o) loss arising from any cause whatsoever through no fault of us (including, but not limited to, any computer or system virus interference, sabotage or any other causes whatsoever which may interfere with your computer systems, and any loss of, destruction to or error in your data, information and records, howsoever caused); (p) damages or losses arising from the provision of any Services which are prohibited by law (including but not limited to the carriage of dangerous or hazardous materials, radioactive materials, explosives, illegal narcotics, or any other items which are prohibited by law); and (q) any claims, demands or damages (whether actual, consequential, or otherwise) of any kind or nature arising out of or in any way connected with any dispute you may have with one or more Users.

• 12.3. Not an Employment Agency. We are not an employment agency, and Users may only use the Platform through the Internet.

• 12.4. No Employer-Employee Relationship. No employer-employee relationship is created whatsoever in relation to the Services we provide through this Platform. We are not responsible for any salary, contribution, payment, work injury compensation, or any other employment-related payments or benefits of any User.

• 12.5. No Endorsement. Although the Platform may display or suggest certain Users, Postings, Offers, Content, and/or other aspects of the Platform from time to time or may indicate certain Users, Postings, Offers, Content, and/or other aspects of the Platform with special characteristics (such as, being a verified User or having certain ratings), it is not an endorsement of such Users, Postings, Offers, Content, and/or aspects of the Platform; and you are solely responsible for conducting your own due diligence and other checks. If you proceed to enter into a legal contract with any Users, you are doing so at your own risk and you shall have no recourse to us.

• 12.6. No Involvement in Legal Disputes Between Users. The Servbees Contract between the Customer and Recipient, and/or between and among Users, is a separate contract between Users. Notwithstanding that we may at our sole discretion facilitate discussions between Users, we take no responsibility and shall have no liability for any disputes or violations of agreements between any Users except as otherwise provided in this Terms of Use.

• 12.7. Limitations of Liability. Notwithstanding any provision of this Terms of Use, our maximum aggregate liability to you arising out of or in connection with this Terms of Use whenever made shall be limited to PHP3,000.00.

• 12.8. Time Bar. To the extent permissible under applicable laws, any claim arising out of or relating to the Services or this Terms of Use must be commenced within one (1) year after the cause of action accrues, failing which such cause of action shall be permanently barred.

• 12.9. Indemnity. You agree to indemnify us, our affiliates, our (and our affiliates’) officers, directors, employees, and agents (together, the “Indemnified Parties“) against any and all claims, damages, losses, obligations, deficiencies, judgments, awards, demands, penalties, taxes, expenses, disbursements, costs, fines, and other liabilities (including, but not limited to, any expenses of investigation and all legal costs and attorney’s fees in connection with any action, suit, or proceeding) suffered or incurred by any of the Indemnified Parties arising out of or in connection with:

• any misrepresentation or breach of any representation, warranty, undertaking, or agreement made by you hereunder;
• any infringement of any intellectual property rights as a result of any of your acts or omissions;
• any other person’s breach of any provision of this Terms of Use, wherein such person was able to use the Platform through your Account; and
• any breach of applicable data protection laws as a result of any of your acts or omissions.

• 12.10. Independent Limitations Each qualification and limitation in this clause 12 shall be construed independently of the others and shall not be limited by any other qualification or limitation.

• 12.11. Survival. The provisions of this Clause 12 shall survive and continue in full force and effect notwithstanding the termination or expiration of this Terms of Use.

13. changes and modifications

• 13.1. Changes to the Platform. You acknowledge and agree that we may, from time to time, modify or change any part of the Platform without any reference or notice to you and without being required to give justification.

• 13.2. Changes to this Terms of Use. You acknowledge and agree that we may, from time to time, change the terms of this Terms of Use, without being required to give justification, by notification to you or by posting a revised version on the Platform. The revised version shall take effect from the published effective date and notification will be made to you through the Platform or via email. If you continue to use the Platform after the notice period, then you will be deemed to have consented to the amendments made in such revised version.

14. general

• 14.1. Notice.

• All notices and other communications given by us under this Terms of Use (including any changes to this Terms of Use) may be given by:

  ⦁ email to your email address ordinarily known to us;

  ⦁ through the Platform; or

  ⦁ such other means as we deem necessary.

• Such notices and communications shall be deemed received when sent by us.
• All notices and other communications given by you under this Terms of Use must be given to us either:

  ⦁ where permitted by the Platform, through the Platform; or

  ⦁ by email to www.help.servbees.com, which shall be deemed received at the time it was sent unless you receive an automated response indicating that the recipient was unavailable or that the email was undelivered or undeliverable.

• 14.2. Force Majeure. We shall not be liable for inadequate performance under this Terms of Use to the extent caused by any of the following:

• a condition such as natural disaster, act of war or terrorism, riot, labor condition, governmental action, and disruption or disturbance of the Internet or energy sources that was beyond our reasonable control; or
• any failure or unavailability of the Platform.

• 14.3. Third Party Sites. Links to other third party sites may be provided on the Platform. You acknowledge and agree that (a) such links do not constitute an endorsement; (b) we have no control over such websites or their Content; and (c) we shall have no liability arising out of or related to such websites or their Content.

• 14.4. Entire Agreement. This Terms of Use (together with all documents referenced herein) embodies all the terms and conditions agreed upon between you and us as to the subject matter of this Terms of Use and supersedes and cancels in all respects all previous agreements and undertakings (if any) between you and us with respect to the subject matter hereof, whether such be written or oral.

• 14.5. Relationship of Parties. Nothing in this Terms of Use shall be construed as creating the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.

• 14.6. No Third Party Rights. Except for the Indemnified Parties, a person who is not a party to this Terms of Use shall have no right under the law to enforce any provision of this Terms of Use.

• 14.7. Variation. Any variation to any provision of this Terms of Use must be in writing and executed by us.

• 14.8. Severability. If any provision of this Terms of Use is held to be illegal, invalid, or unenforceable in whole or in part in any jurisdiction, then this Terms of Use shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision, and the legality, validity, and enforceability of such provision in any other jurisdiction shall not be affected.

• 14.9. No Waiver. No delay or failure by us to exercise or enforce any right, power or remedy under this Terms of Use shall constitute or operate as a waiver of that right, power or remedy, or any other right under this Terms of Use or operate so as to prevent the subsequent exercise or enforcement of any such right, power or remedy. Any waiver by us must be expressly made in writing and signed by us to be effective.

• 14.10. Assignment. You may not assign or transfer any of your rights, interests, licenses, and/or obligation hereunder to anyone else. We may assign or transfer any of our rights, licenses, interests, and/or obligations at any time to anyone, including as part of a merger, acquisition or other corporate reorganization, at our absolute and sole discretion and without being required to give justification.

• 14.11. Dispute Resolution. Any dispute arising out of or in connection with this Terms of Use (including any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat of the arbitration shall be in Mandaluyong City, Philippines. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be in English.

• 14.12. Governing Law. This Terms of Use shall be governed by and construed in accordance with the Philippine laws.

appendix a

• MODEL SERVBEES CONTRACT

• The terms used in this Model Servbees Contract have the meaning set out in the Servbees Glossary. A Servbees Contract is created in accordance with the Servbees’ Terms of Use. Unless otherwise agreed, the Customer and the Provider enter into a Servbees Contract on the following terms:

• 1. COMMENCEMENT DATE AND TERM

• 1.1 The Servbees Contract is created when the Customer accepts the Offer on a Needs Posting to provide a service / item / goods.
• 1.2 The Servbees Contract will continue until terminated in accordance with Clause 4 of the Terms of Use.

• 2. SERVICES / ITEMS / GOODS

• 2.1 The Provider will provide the items / goods and/or perform the service/s in good faith, in a proper and workmanlike manner, and in accordance with Clause 4 of the Terms of Use.
• 2.2 The Provider must deliver the items / goods and/or perform the service/s at the time and location agreed by the Customer and the Provider.
• 2.3 In relation to the performance of a service, the parties acknowledge that the service is a personal service where the Customer selected the Provider to perform the service/s. Therefore, the Provider must not subcontract any part of the services to any third party without the Customer’s consent. However, work performed by the Provider’s authorized representative or employee shall be deemed as the work of the Provider and the latter shall take full responsibility for the same.
• 2.4 The parties acknowledge that the Service Contract is one of personal service where the Poster selected the Service Provider to perform the Services. Therefore the Service Provider must not subcontract any part of the Services to any third party without the Poster's consent.
• 2.5 The Provider remains responsible and liable at all times to the Poster for any acts or omissions of the Provider’s authorized representative, his employee, and/or subcontractor, as if those acts or omissions had been made by the Provider.

• 3. WARRANTIES

• 3.1 Each party warrants that the information provided in the creation of the Servbees Contract is true and accurate.
• 3.2 The Provider warrants that they have (and any subcontractor has) the right to provide the service / items / goods and hold all relevant licences in the jurisdiction where the subject of this Servbees Contract are performed.

• 4. PAYMENT OR CANCELLATION

• 4.1 Upon the creation of the Servbees Contract, the Customer must pay the Agreed Price into the Payment Account.
• 4.2 Upon the completion of the services and/or delivery of the items / goods, the Provider will provide notice on the Servbees Platform.
• 4.3 The Customer will be prompted to confirm that the service / items / goods are complete. If the Provider has completed the service and/or delivered the items / goods in accordance with Clause 4.7, the Customer must use the Servbees Platform to release the Agreement Fee from the Payment Account.
• 4.4 If the parties agree to cancel the Contract, or the Customer is unable to contact the Provider, the Agreement Fee will be dealt with in accordance with Servbees’ Terms of Use.

• 5. LIMITATION OF LIABILITY

• 5.1 Subject to any insurance or agreement to the contrary, the liability of each party to the other is capped at the Agreement Fee.

• 6. DISPUTES

• 6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
• 6.2 If the parties are unable to resolve the dispute mutually, the parties may resort to arbitration and/or their remedies under the applicable law.

• 7. TERMINATION OF CONTRACT

• The Servbees Contract will terminate when:

• (a) the service / items / goods are completed and the Agreement Fee is released from the Payment Account;

• (b) a party is terminated or suspended from the Servbees Platform, at the election of the other party;

• (c) as otherwise agreed by the parties or the Third Party Dispute Service; or

• (d) notified by Servbees in accordance with the Servbees’ Terms of Use.

• 8. APPLICATION OF POLICIES

• The parties incorporate by reference the applicable Policies.

• 9. GOVERNING LAW

• The Servbees Contract is governed by the laws of the Philippines.