Before you can proceed with the registration process, please take a few minutes to review our terms and policies.
KANTO XPRESS MERCHANTS
Terms and Conditions/User Agreement
These terms and conditions ("Terms") shall be an integral part of your Merchant Application as a duly registered and affiliated merchant ("Kanto Xpress Vendor") of Kanto Xpress, an online community marketplace ("Kanto Xpress") accessible via an application and website, all of which are owned by Kanto Xpress, Inc. ("Kanto Xpress"). These Terms shall likewise serve as your User Agreement with Kanto Xpress for the access and use of the Kanto Xpress application available for download at the Google Play Store and the Apple App Store ("Kanto Xpress App") and the Kanto Xpress Web App accessible at www.kantoxpress.com (the "Kanto Xpress Web App"), and the Services available to merchants therein, which are further defined below, as well as to all information, recommendations and/or services provided to you through the Kanto Xpress App and the Kanto Xpress Web App.
Please read the Terms set out below before using the Kanto Xpress App and/or the Kanto Xpress Web App as a merchant and availing of the Services found therein. By downloading, using, and accessing the Kanto Xpress App and/or the Kanto Xpress Web App and/or availing of the Services found therein, you acknowledge that you have read, understood, accepted; and agree to be bound by these Terms.
Kanto Xpress reserves the right to amend, change, add or modify the Terms from time to time without prior notice to the users of the Kanto Xpress App and/or Kanto Xpress Web App. Should there be material changes to the Terms, you shall be promptly notified via e-mail. You are strongly recommended to regularly review and read these Terms. As such, if you do not agree with the Terms, please close the
Kanto Xpress App and/or exit the Kanto Xpress Web App, and do not use them and avail of the Services. Your continued access or use of the Kanto Xpress App and/or Kanto Xpress Web App after such posting such amendments, modifications and/or updates confirms your acceptance and consent to be bound by the Terms, as amended.
You likewise agree that the provisions, disclosures and disclaimers set forth herein are fair and reasonable and that your agreement to follow and be bound by these Terms is voluntary and is not a result of fraud, duress, or undue influence exercised upon you by any person or entity.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Kanto Xpress.
Definition of Terms
Kanto Xpress refers to Kanto Xpress Inc., a corporation duly organized and existing under the laws of the Republic of the Philippines, principal business address at Unit 2-2 No. 9, Glenn St., Tandang Sora Avenue, Quezon City, Metro Manila, Philippines.
Kanto Xpress is an online community marketplace, delivery, and logistics company that connects Kanto Xpress Vendors to customers; and makes available certain proprietary technology services that facilitate the marketing, sale and fulfillment of orders for Products.
Kanto Xpress Vendor refers to a merchant who has successfully created an account in the Kanto Xpress App and/or the Kanto Xpress Web App as a merchant, and who has complied with the onboarding documents mandated by Kanto Xpress.
Vendor Account refers to the designated Kanto Xpress App and/or Kanto Xpress Web App account for each Kanto Xpress Vendor.
Product Listing Page refers to the page(s) of each Kanto Xpress Vendor in the Kanto Xpress App and/or Kanto Xpress Web App where their information and Products are listed.
Vendor Dashboard refers to the product and order management features and options and menus where the Kanto Xpress Vendor can view, manage and review Orders.
Product/Products means any product available for sale in the Kanto Xpress App and/or Kanto Xpress Web App.
Order means any selection and purchase by the User of a Product made available through the Kanto Xpress App and/or Kanto Xpress Web App.
Services means the services made available to Kanto Xpress Vendors in the Kanto Xpress App and/or Kanto Xpress Web App:
You, Your refers to the Kanto Xpress Vendor.
User refers to a Customer or Buyer who has successfully created and registered an Account in the Kanto Xpress App and/or Kanto Xpress Web App.
User Account shall refer to a designated account given to each User, Customer or Buyer upon successful registration in the Kanto Xpress App and/or Kanto Xpress Web App.
Kanto Xpress Mover shall refer to a rider/driver who has successfully created an account in the Kanto Xpress App and/or the Kanto Xpress Web App as a rider/driver and who has complied with the onboarding documents mandated by Kanto Xpress.
Services
Each Kanto Xpress Vendor who has successfully submitted all requirements mandated by Kanto Xpress and received the corresponding approval from the latter will be given access to its own Product Listing Page in the Kanto Xpress App and/or Kanto Xpress Web App.
Each Kanto Xpress Vendor is independent from Kanto Xpress, and shall not be an agent, partner, or employee of Kanto Xpress. For the avoidance of doubt, a Kanto Xpress Vendor is not authorized to make or enter into any commitments or agreements for or on behalf of Kanto Xpress.
Each Kanto Xpress Vendor will have direct access to his/her own Vendor Dashboard and Vendor Dashboard ("Vendor Dashboard") on the Kanto Xpress App and/or Kanto Xpress Web App as well as the ability to edit the contents thereof such as, but not limited to, its business address, its contact details, and Products made available for sale to Users.
Upon logging in on their Vendor Account, Kanto Xpress Vendors will be granted:
Access to and use of a Vendor Dashboard which allows the Kanto Xpress Vendors to:
Set up their product display and advertisements;
Monitor upcoming orders;
Monitor scheduled orders;
Review history of orders;
Check order details (e.g. name of customer, date and time of order, address of customer, notes for riders, order summary);
Monitor deliveries;
Monitor location of mover assigned to deliver orders;
Set expected date and time of delivery; and
Confirm orders.
Access to and use of an in-app messaging feature or other app-based messaging service(s);
Access to notifications windows; and
Access to and use of the Kanto Xpress App and/or Kanto Xpress Web App settings menu.
The Kanto Xpress App and/or Kanto Xpress Web App will serve only as the platform for the display of products offered for sale by the Kanto Xpress Vendors on their respective Product Listing Pages, as well as information pertinent to the said Products such as, but not limited to, Product description, Product image, prices, and availability, preferred payment methods, and delivery options.
Kanto Xpress is not responsible for, and does not endorse, any Kanto Xpress Vendors or any content in any posting made by them on the Kanto Xpress App and/or Kanto Xpress Web App. Under no circumstances shall Kanto Xpress be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused users in connection with any content in any posting made on the Kanto Xpress App and/or Kanto Xpress Web App.
Fulfillment of an Order made by a User through the Kanto Xpress App and/or Kanto Xpress Web App shall be an obligation of the Kanto Xpress Vendor and the Kanto Xpress Mover.
Kanto Xpress DOES NOT EXPRESSLY OR IMPLIEDLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF PRODUCTS POSTED BY Kanto Xpress VENDORS ON THEIR RESPECTIVE PRODUCT LISTING PAGES. Kanto Xpress SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS REGARDING ANY INFORMATION POSTED BY Kanto Xpress VENDORS ON THEIR RESPECTIVE PRODUCT LISTING PAGES.
Account
All persons intending to use the Kanto Xpress App and/or Kanto Xpress Web App as a merchant will have to create a Vendor Account.
To create a Vendor Account on the Kanto Xpress App and/or Kanto Xpress Web App, you must be at least eighteen (18) years of age.
You agree that by creating a Vendor Account, you are consenting to the acceptance, use and storage of your personal information and business information such as, but not limited to:
Full name;
E-mail address
Mobile Number
Business name
Business Facebook Account, if any
Business Instagram Account, if any
Business Logo
Business Category
Number of locations of your business
Complete business address
After inputting and uploading all of the required information through the Kanto Xpress App and/or Kanto Xpress Web App sign up page, you will be required to submit your application for the vendor approval process.
Once your application has been approved, you will receive an in-app notification and notifications either through e-mail or text message (SMS), or both, stating the same, after which you may log in using your Vendor Account details. If your application was not approved, you will receive a notification to resubmit your application.
Once your application has been approved, you can use your Vendor Account to access your Vendor Dashboard where you can set up your menu and customize your online storefront. Your Products will be openly available for order on the Kanto Xpress App and/or Kanto Xpress Web App through your Product Listing Page.
You shall be responsible for all communication and/or transactions made via the Kanto Xpress App and/or Kanto Xpress Web App through your Vendor Account. Kanto Xpress shall not be responsible or liable for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Vendor Account.
Each Kanto Xpress Vendor is required to access his or her Vendor Account to identify and display Products to be sold to Users. He/she shall ensure that the Product/s provided in his/her Product Listing Page are available for purchase and the description, including the price, provided therein is accurate.
Each Kanto Xpress Vendor shall regularly view, monitor, update and manage Orders through his/her designated Vendor Account.
Products
You agree that all Products that you list on your Product Listing Page are merchantable, under all applicable laws and are compliant with parameters such as, but not limited to, the following: that the sale of said Products is not contrary to law, morals, good customs, public order or public policy, and that the Products are not outside the commerce of men as defined under the law.
If Products listed on your Product Listing Page are not suitable for minors (e.g. alcoholic beverages, cocktails, tobacco, and the like), or contain common allergens (e.g. nuts, peanuts, fruit, shellfish, eggs, cow's milk) you are required to indicate such fact in the Product description on your Product Listing Page. Kanto Xpress shall not be responsible for any negative effect, harm, injury, death or damage that the purchase and consumption of these Products may cause to users of the Kanto Xpress App and/or Kanto Xpress Web App or an intended recipient of the said Products.
You acknowledge that Kanto Xpress is not obligated to provide ingredient information or allergen information on the Kanto Xpress App and/or Kanto Xpress Web App. Further, Kanto Xpress does not guarantee that the Products sold by Kanto Xpress Vendors are free of allergens.
You shall indicate the current prices, specifications and availability of Products posted on your Product Listing Page to ensure the accuracy of the information posted.
Kanto Xpress does not provide any representation as to the quality, accuracy or merchantability of the Products listed in your Product Listing Page. Kanto Xpress shall not be liable for any inaccuracy in posting pricing information, and it shall not be responsible for changes in prices, specifications and availability caused by fortuitous events (i.e. events which could not be foreseen or which, though could be foreseen, are inevitable), such as but not limited to, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction and acts of third parties, enforcement of area lockdowns and forced road and establishment closures by the government and private entities, epidemics, pandemics, inclement weather, other natural disasters.
You shall ensure that Product images posted on your Product Listing Page are accurate and correspondent to the Products to which they refer.
Kanto Xpress reserves the right to disallow the posting of Product descriptions, images, and information which are obscene, contrary to law, good morals, public order and public policy, as the case may be, and to cause the deletion of the same from your Product Listing Page without prior notice.
Fulfillment Process
From the time the User’s Order is reflected on your Vendor Dashboard, all communication regarding the fulfillment of said Order shall be between you and the User only. Kanto Xpress shall not be responsible for any miscommunication between you and the User in the course of the fulfillment process and shall not be liable for any damage, costs, fees, or litigation cases arising therefrom.
Kanto Xpress ONLY PROVIDES A PLATFORM THAT WILL ALLOW YOU TO OFFER YOUR PRODUCTS TO THE USER THROUGH THE Kanto Xpress APP AND/OR Kanto Xpress WEB APP. ALL AGREEMENTS FOR ORDERS / PURCHASE OF PRODUCTS SHALL BE BETWEEN YOU AND THE USER.
Placing of Orders
You shall ensure that all Products posted in the Product Listing Page are available for purchase. If a Product is not available, the same must be clearly indicated on your Product Listing Page by tagging it using your Vendor Dashboard.
You shall indicate in the Product description, and by tagging the Product using your Vendor Dashboard, if any Orders will require processing of at least one (1) day ("Pre-Order"). Otherwise, it will be assumed that all Orders for Products made available ("On Demand") in the Product Listing Page may be immediately paid for and picked up by the User or delivered to the User, as the case may be.
Kanto Xpress shall not be liable for any inaccuracy or failure on the part of the Kanto Xpress Vendor to indicate whether the Product is for Pre-Order or On-Demand.
Once the User sends his/her order request, you will be notified through your Vendor Dashboard.
You shall be solely responsible for reviewing the order summary on your Vendor Dashboard and determining whether the order will be accepted or not.
You shall be solely responsible for updating the User regarding the status of their Order from the time of Order placement until fulfillment.
Prices
Product Price shall be solely determined by the Kanto Xpress Vendors and prices shall be inclusive of all taxes due. Kanto Xpress shall not be responsible for the accuracy of the computation of taxes due on the Products you offer for sale on your Product Listing Page.
Kanto Xpress does not guarantee that the prices charged and posted by Kanto Xpress Vendors on the Kanto Xpress App and/or Kanto Xpress Web App are the same as the prices charged in the physical stores of Kanto Xpress Vendors, if any.
Order Confirmation
After receipt of the User's Order, you shall be obligated to respond to them immediately to confirm their Order with your Vendor Dashboard.
When accepting an Order, click the "Accept" button or "Confirm Order," or the like, found below the order summary as seen on your Vendor Dashboard and send a confirmation message to the User through the in-app messaging feature or text message (SMS).
In the event that this in-app order acceptance method on the Kanto Xpress App and/or Kanto Xpress Web App becomes unavailable during your use, or if it is not functioning, you shall notify the User of your acceptance of their Order by text message (SMS) or by call through the User's declared mobile number.
When accepting an Order is not feasible because it is not within your capacity, do not click the "Accept" button. Notify the User by text message (SMS) or by call through the User's declared mobile number that the Order cannot be processed due to the high volume of orders.
This provision also applies when accepting an Order is not feasible for whatever reason. You shall be solely responsible for notifying the User as to the circumstances of your inability to accept their Order.
You shall be solely responsible for preparing the Order and ensuring that the Order is ready for pick up by the Kanto Xpress Mover assigned by the date and time requested by the User.
If you cannot prepare the Order by the requested date and time, you shall notify the User by:
Setting the date and time of delivery on your Vendor Dashboard and clicking the "Notify Customer" button; or
Sending the notification by text message (SMS) through the User's declared mobile number; or
Calling the User through his/her declared mobile number.
Payment
You shall be solely responsible for ensuring the accuracy of the prices and total amount of the Product orders that you accept. The User will be notified of the total amount due to be paid and the delivery fee depending on their selected delivery method.
Once payment has been made by the User or the Cash-on-Delivery ("COD") method has been chosen, you will be notified through your Vendor Dashboard.
Any transaction for the purchase of your Products from the Kanto Xpress App and/or Kanto Xpress Web App shall be between you and the User.
Delivery
After you confirm an Order, you shall be responsible for determining when to timely book a Kanto Xpress Mover through your Vendor Dashboard. However, Kanto Xpress reserves the right to monitor all efforts, or lack thereof, on your part, to book a Kanto Xpress Mover, and to perform any and all necessary corresponding measures to ensure that deliveries are made, insofar as possible.
You shall be solely responsible for ensuring that the Order is properly packaged, fit for delivery, and ready for pickup by the time said Kanto Xpress Mover arrives.
Kanto Xpress shall not be liable for food spoilage, mishandling of Orders, failure to prepare Orders, improper packaging of Orders, and all other matters related to the condition and status of the Orders confirmed and prepared by Kanto Xpress Vendors.
You shall be solely responsible for ensuring that the pick-up address for Orders which will be sent to the Kanto Xpress Mover is accurate.
You shall be solely responsible for monitoring the location of the Kanto Xpress Mover through your Vendor Dashboard and communicating with him/her to ensure that the Order is picked up according to the designated time and date.
Kanto Xpress shall not be liable for failure of the Kanto Xpress Mover to pick up Orders or for the failure of the Kanto Xpress Mover to arrive and pick up Orders in a timely manner. Further, Kanto Xpress shall not be liable for damage to the Orders, storage fees, insurance, and other costs, which the Kanto Xpress Vendor may incur as a result of the failure or delay of the Kanto Xpress Mover to arrive and pick up the Orders in a timely manner.
Once the Order has been picked up by the Kanto Xpress Mover, you shall inform the User through your Vendor Dashboard, text message (SMS) or call, that the Order is in transit.
You shall bear all responsibility for dealing and communicating with the User in cases where the User does not receive the correct Order (e.g. wrong item was delivered or not all items were delivered), or if the Kanto Xpress Mover is unable to deliver the Order at the nominated time due to the User’s failure to provide appropriate instructions, or authorizations. Further, you shall be solely responsible for all storage fees, insurance, and other costs, which you may incur as a result of the User’s refusal to accept Products without valid and reasonable cause, as well as the communication of possible indemnification terms and settlement with the User regarding the same.
Kanto Xpress shall not be liable to you and the User for any losses, liabilities, costs, damages, charges or expenses arising out of late deliveries for whatever reason. This includes, but is not limited to, User’s failure to give proper instructions and directions and User’s failure to assign a person to receive the Products when they cannot personally receive them when delivered.
Return and Refund Policy
You shall be solely responsible for communicating your Return and Refund Policy, if any, to the User in case of any concern regarding a defective or faulty Product.
Kanto Xpress shall not be responsible for ensuring the legality of your Return and Refund Policy, and shall not be liable for any damage, cost, fee or litigation case arising from the same.
Cancellation
You shall be solely responsible for communicating your Cancellation Policy for Orders to the User.
You shall be solely responsible for informing the User that their Order has been cancelled according to terms of your Cancellation Policy.
Kanto Xpress shall not be responsible for the cancellation of Orders initiated by you or the User for whatever reason and shall not be liable for any damage, cost, fee or litigation case arising from the same.
Deletion of Vendor's Product Listing Page(s), Suspension of Access to the Vendor Dashboard, and Discontinuing Affiliation with Kanto Xpress
Kanto Xpress shall have the right to terminate your affiliation as a Kanto Xpress Vendor and to delete your Product Listing Page(s) and suspend access to your Vendor Dashboard on the Kanto Xpress App and/or Kanto Xpress Web App based on the following grounds:
Violation of any provision of these Terms;
Provision of false information and misrepresentation on your Vendor Application;
Posting of illegal content on your Product Listing Page;
Fraud complaint made by a User, and confirmation in accordance with the standards set forth by Kanto Xpress, in relation to the display and sale of Products through the Kanto Xpress App and/or Kanto Xpress Web App;
Unauthorized use of the Services found on the Kanto Xpress App and/or Kanto Xpress Web App;
Conviction of any felony related to fraud even if belatedly discovered by Kanto Xpress after your Vendor Application is approved;
Any legal impediment existing at the time of your affiliation as a Kanto Xpress Vendor even if belatedly discovered by Kanto Xpress after your Vendor Application is approved; and
Any future legal impediment which hinders you from entering into contracts.
Accordingly, your use of and access to the Kanto Xpress App and/or Kanto Xpress Web App as a Kanto Xpress Vendor, and your use of and access to your Vendor Account, Product Listing Page and Vendor Dashboard shall be denied upon termination of your affiliation.
Kanto Xpress RESERVES THE RIGHT TO REMOVE YOU AS A Kanto Xpress VENDOR AT ANY TIME IF IT DEEMS THAT YOU ARE NOT COMPLIANT WITH ITS RULES, AND/OR ITS STANDARDS. MOREOVER, Kanto Xpress REVSERVES THE RIGHT TO REMOVE YOU AS A Kanto Xpress VENDOR IF IT DEEMS THAT YOU ARE INVOLVED IN ANY CIRCUMSTANCE WHICH MAY ENDANGER / DAMAGE / ADVERSELY AFFECT Kanto Xpress OR THE Kanto Xpress APP AND/OR Kanto Xpress WEB APP. ACTUAL DAMAGE IS NOT A REQUIREMENT BEFORE Kanto Xpress MAY REMOVE YOU AS A Kanto Xpress VENDOR.
Use of Data of Users and Buyers
You may only use any User's data, content, or other information you receive through your use of the Kanto Xpress App and/or Kanto Xpress Web App as follows:
In accordance with these Terms and all documents and provisions which are made an integral part hereof expressly or by reference;
To support the transactions arising from the use of the Kanto Xpress App and/or Kanto Xpress Web App by the User;
In accordance with any data sharing agreement that you have executed or will execute with Kanto Xpress subsequent to the approval of your Vendor Application; and
In accordance with the provisions of the Data Privacy Act of 2012, any amendments thereto, its implementing rules and regulations, and all issuances of the National Privacy Commission.
You may not use the Data of Users for your own commercial purposes, including for building of user profiles, unless:
Agreed upon in a Data Sharing Agreement;
The User expressly consents to the same; or
You have received the same data from the User outside of and prior to their use of the Kanto Xpress App and/or Kanto Xpress Web App, and obtained their consent to use the same for marketing purposes.
Representations and Warranties
You acknowledge and agree that the content on the Kanto Xpress App and/or Kanto Xpress Web App are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Kanto Xpress App and/or Kanto Xpress Web App and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.
While Kanto Xpress makes reasonable efforts to ensure the provision of the Kanto Xpress App and/or Kanto Xpress Web App and the services we offer, are available at all times, we do not warrant or represent that the Kanto Xpress App and/or Kanto Xpress Web App shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Kanto Xpress App and/or Kanto Xpress Web App due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
Kanto Xpress does not make any representation or warranties with respect to the availability of the Products on the Kanto Xpress App and/or Kanto Xpress Web App as well as the quality, merchantability and edibility thereof. Neither does Kanto Xpress expressly or impliedly support or endorse the sale or purchase of Products on the Kanto Xpress App and/or Kanto Xpress Web App. Kanto Xpress shall not be liable for any errors or omissions regarding any information relating to the Products you post on your Product Listing Page.
Kanto Xpress shall not be liable for any inconsistency with the appearance of Products you display on your Product Listing Page or inaccuracy with claims of color, which involves trademark ownership.
You acknowledge and agree that Kanto Xpress shall act as your agent for the receipt of Orders from Users through the Kanto Xpress App and/or Kanto Xpress Web App, and that Kanto Xpress has no relationship with you other than to provide the Kanto Xpress App and/or Kanto Xpress Web App as the platform for the display of your Products for sale to Users. At no time shall Kanto Xpress have any right, title or interest to such items or goods. Kanto Xpress does not have any control over the quality, failure to provide or any other aspect whatsoever of the Products, and is not responsible for damages or delays as a result of Products which are out of stock, unavailable or back ordered.
Information and Privacy Policy
Please refer to Kanto Xpress's Privacy Policy, which forms part of these Terms.
Limitation of Liability
Kanto Xpress shall exercise ordinary diligence in keeping all information on the Kanto Xpress App and/or Kanto Xpress Web App accurate. Kanto Xpress does not warrant that use of the Kanto Xpress App and/or Kanto Xpress Web App will be error-free or fit for all purposes, or that the Kanto Xpress App and/or Kanto Xpress Web App and the server that makes it available are free of viruses or technical anomalies. However, Kanto Xpress shall ensure maintenance of the Kanto Xpress App and/or Kanto Xpress Web App for continuous functionality.
By accepting these Terms you agree to release Kanto Xpress from any liability whatsoever, and waive your right to make any claim against it with regard to matters arising from your use of information from any third party, your use of any third-party website, and your sale of Products to users through the Kanto Xpress App and/or Kanto Xpress Web App.
Kanto Xpress disclaims any and all liability to you for the Purchase of goods by Users and for delivery of items or goods to Users to the fullest extent permitted under applicable laws.
Kanto Xpress shall not be liable for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system due to usage of the Kanto Xpress App and/or Kanto Xpress Web App.
Kanto Xpress shall not be held liable for any failure or delay in performing the Services or any of its obligations under these Terms where such failure arises as a result of any act or omission, which is outside its control, such as all overwhelming and unforeseen events caused directly and exclusively by force majeure that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction, acts of third parties, enforcement of area lockdowns and forced road and establishment closures by the government and private entities, pandemics, inclement weather, and other natural disasters.
The Products found on the Kanto Xpress App and/or Kanto Xpress Web App are provided for domestic and consumer use only. Accordingly, Kanto Xpress shall not be liable for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of their use of the Kanto Xpress App and/or Kanto Xpress Web App.
Kanto Xpress shall exercise ordinary diligence to prevent Internet Fraud and shall secure any and all data collected from you. However, Kanto Xpress shall not be held liable in the event of unauthorized use or breach of your computer or server security or similar acts committed by third parties.
Offers found on the Kanto Xpress App and/or Kanto Xpress Web App are subject to Kanto Xpress's full discretion and may be withdrawn at any time without notice.
Complaints
For inquiries and concerns in relation to the Services found in the Kanto Xpress App and/or Kanto Xpress Website, please contact our customer service department at team@Kanto Xpress.ph.
Intellectual Property
The Kanto Xpress App and/or Kanto Xpress Web App and all materials provided therein, including the software, HTML code, script, text, artwork, photographs, video and audio (the “Materials”) are protected by copyright laws and/or Intellectual Property Laws. All Materials provided in the Kanto Xpress App and/or Kanto Xpress Web App shall be used only for personal and informational purposes. No right, title, or interest in the Kanto Xpress App and/or Kanto Xpress Web App shall be conveyed to you, the user. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Kanto Xpress App and/or Kanto Xpress Web App or any of its Materials without the written consent of Kanto Xpress. You may also not access or use the Kanto Xpress App and/or Kanto Xpress Web App for any competitive or commercial purpose. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Materials in any way without our prior express written consent. You are not allowed to copy any of the Materials herein. Any unauthorized copying, alteration, transmission, performance, display or other use of these Materials is prohibited.
Kanto Xpress shall retain exclusive interest in and ownership of its Intellectual Property and nothing in this agreement will function to transfer any of its Intellectual Property rights to any of the users of the Kanto Xpress App and/or Kanto Xpress Web App.
By uploading and displaying your trademarks and other intellectual property on your Product Listing Page, you agree to allow Kanto Xpress to use the same to fulfill the Services found on the Kanto Xpress App and/or Kanto Xpress Web App.
At no time shall Kanto Xpress have any proprietary right, title or interest to the intellectual property you upload and display on your Product Listing Page.
Kanto Xpress shall not have any control over or responsibility for the legality of the intellectual property you upload and display on your Product Listing Page, as well as those you communicate to Users.
Kanto Xpress shall not be liable for any damage, cost, fee, or litigation case arising from your ownership and use of the intellectual property you upload and display on your Product Listing Page as well as those you communicate to Users.
Restrictions
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Kanto Xpress App and/or Kanto Xpress Web App. Kanto Xpress reserves the right to investigate and take appropriate legal action against anyone who, in Kanto Xpress’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
using the Kanto Xpress App and/or Kanto Xpress Web App for any purpose in violation all laws, regulations, orders or issuances;
posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Kanto Xpress in its sole discretion or pursuant to local standards;
posting content that constitutes cyber-bullying, as determined by Kanto Xpress in its sole discretion;
posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
posting telephone numbers, street addresses, or last names of any person;
posting URLs to external websites or any form of HTML or programming code;
posting anything that may be “spam,” as determined by Kanto Xpress in its sole discretion;
impersonating another person when posting content;
harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
allowing any other person or entity to use your identification for posting or viewing comments;
harassing, threatening, stalking, or abusing any person on the Kanto Xpress App and/or Kanto Xpress Web App;
engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Kanto Xpress App and/or Kanto Xpress Web App, or which, in the sole discretion of Kanto Xpress, exposes Kanto Xpress or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
encouraging other people to engage in any prohibited activities as described herein.
Kanto Xpress reserves the right but is not obligated to do any or all of the following: investigate an allegation that any content posted on the Kanto Xpress App and/or Kanto Xpress Web App does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content; remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms; suspend or terminate a user’s access to the Kanto Xpress App and/or Kanto Xpress Web App, or their User Account upon any breach of these Terms; monitor, edit, or disclose any content on the Kanto Xpress App and/or Kanto Xpress Web App; and edit or delete any content posted on the Kanto Xpress App and/or Kanto Xpress Web App s, regardless of whether such content violates these standards.
Miscellaneous Provisions
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The parties hereto submit to the exclusive jurisdiction of the courts of Quezon City, Philippines.
The Terms set forth herein shall remain effective and shall remain binding upon you until and unless you discontinue any further use of the Kanto Xpress App and/or Kanto Xpress Web App and for the duration of your affiliation as a Kanto Xpress Vendor.
Kanto Xpress shall not be liable for termination of this User Agreement. Kanto Xpress's right to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay costs and fees for the use of the Kanto Xpress App and/or Kanto Xpress Web App as a Kanto Xpress Vendor, as may be applicable, and shall not affect any liability that may have arisen under the User Agreement prior to the date of termination.
You agree to indemnify, defend, and hold Kanto Xpress, its affiliates, shareholders, directors, employees, agents, service providers, suppliers, subcontractors, successors and assigns, harmless from and against any and all claims, demands, actions, causes of action, damages, costs, and expenses, including reasonable attorney's fees and other expenses of litigation, penalties, fines, damages, and losses, made by any third party due to or arising out of your breach of the Terms stated herein and the documents they incorporate by reference, or by your violation of any law or the rights of a third party.
Kanto Xpress may subcontract any part or parts of the Services it provides to you at any time.
Kanto Xpress may assign or novate any part or parts of its rights under these Terms without your consent.
Kanto Xpress may alter or vary the Terms at any time without prior notice to you and without your consent.
Initiating any automated system or program in connection with the Kanto Xpress App and/or Kanto Xpress Web App or their online ordering functionality is not allowed.
Collecting any personally identifiable information from the Kanto Xpress App and/or Kanto Xpress Web App, including the use of communication systems provided on the Kanto Xpress App and/or Kanto Xpress Web App, for any commercial solicitation purposes is not allowed. Distribution or publication of vouchers or codes, solicitation for any reason whatsoever to any users of the Kanto Xpress App and/or Kanto Xpress Web App, and hacking or scraping the Kanto Xpress App and/or Kanto Xpress Web App, are prohibited acts, which will be dealt with accordingly to the fullest extent available under the law.
The Terms together with the attached Privacy Policy (and the respective amendments), Vendor Application, and any undertaking you executed in relation thereto, shall constitute the entire agreement between you and Kanto Xpress. In the event of any conflict between these Terms and any other term or provision on the Kanto Xpress App and/or Kanto Xpress Web App, these Terms shall prevail.
If any of the Terms shall be deemed invalid, illegal or unenforceable, such term or condition shall be deemed not written and the remainder shall continue to be valid and in force.
No delay or failure on the part of Kanto Xpress to enforce its rights or remedies under these Terms shall constitute a waiver on its part of such rights or remedies unless such waiver is set forth and confirmed in writing by its duly authorized representatives.
Kanto Xpress, INC.
PRIVACY POLICY
(with our Valued Partner Merchants)
PROTECTION OF YOUR DATA IS IMPORTANT TO US
Kanto Xpress Technologies, Inc. (“Kanto Xpress”, “Kanto Xpress”, “our”, “us”, or “we”) and its various official partners (“Partners”) are committed to protect and respect your rights to your personal data, in compliance with Republic Act No. 10173 or “the Data Privacy Act of 2012”; Republic Act No. 11332 or the Law on Reporting of Communicable Diseases (“LRCD”); related rules, regulations, and issuances of the National Privacy Commission (“NPC”); and with the adoption of constantly changing commercially acceptable standards for data protection (collectively, the “Law”).
Please read our Privacy Policy to know the “whys”, “whats”, “whens”, “hows”, and “who’s/’re”, among others, of our policy for our community’s data protection.
By accessing, benefitting from, using, and/or giving consent to our varied platforms, whether in print or via our online software systems, directly or indirectly, such as the latest official build of our Kanto Xpress Website (“Website”) and the latest versions of our official mobile application (“App”) (collectively, “Platforms”) and/or through our Services (as described below), you hereby acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, Cookie Policy, Terms & Conditions, and any other documents that are referred in this Privacy Policy. You agree to having your data collected, corrected, transferred, stored, retrieved, used, retained, shared, deconstructed, and/or destroyed in the manner disclosed in our Privacy Notice, this Privacy Policy, and our Terms & Conditions. This Privacy Policy applies to all people and entities accessing our Platforms.
This Privacy Policy (together with our Terms & Conditions, our Cookie Policy, and any other documents referred herein) is designed to help you understand how we collect, use, disclose and/or process the personal data that you have provided to us.
If you do not agree to be bound by all the terms of this Privacy Policy, our Privacy Notice, Cookie Policy, and our Terms & Conditions, please exit and uninstall from your devices our Platforms and do not access, use, and/or receive benefit from any of our Platforms and our collection of Services.
We may, at any time and at our sole discretion, amend, and update this Privacy Policy. You are responsible for, among others, regularly reviewing this Privacy Policy.
WHY WE COLLECT DATA
We celebrate, curate, and create our foodie community with you.
They ring it, we bring it! Kanto Xpress wants to build a happy, hearty, and healthy community composed of, displaced workers, food lovers as customers, and aspiring or established foodie entrepreneurs like you. The personal information you willingly provide, input, and consent to through your user profiles in our Platforms allows us to facilitate transactions among you, our Partners, entrepreneur chefs, and/or attentive riders for orders, purchases, pick-ups, and/or deliveries; share relevant advertisements, newsletters, promotions, and related updates; spark networking opportunities; propose relevant user information such as trending food fads; enhance the design of our Platforms’ user interface; improve our customer support processes; monitor the safety of our Partners, riders, and customers; prevent fraud and illegal activities; ensure compliance with legal requirements, rules, regulations, and/or orders of duly constituted authorities, agents, and/or institutions of the Philippine national government and local governments; analyze market trends; and provide other necessary, related, and incidental services (collectively, “Services”) which is possible only through the community we are collectively building with you at Kanto Xpress.
We want to personalize your experience with Kanto Xpress.
Kanto Xpress aims to personalize your Kanto Xpress Platforms merchant profile user experience. Analyzing the data you willingly provide to us, such as but not limited to your browsing and purchasing habits in-app, helps us accomplish our aim. When you create a Website or App account, the information that you willingly provide to us allows us to match our collected data to your personal preferences, needs, and wants. We believe personalized profiles make your experiences more convenient and enjoyable.
We value the support, security, and safety of our community.
The data that you provide to us allows us to ensure the support, safety, and security of our customers, our riders, our various partners, and our valued partner merchants like you.
Data is used for customer support features such as incident report investigation; monitoring of customer support responses; proper observance of company protocol in resolving business partner/rider/customer-reported issues; and updating concerned persons of positive steps taken by Kanto Xpress to address your concerns.
Security and safety measures include data collection for documenting delivery transactions among busines partners, riders, and customers through audio, photo, and/or video footage or recordings; abnormal trip delivery variations; delays due to weather disturbances, local traffic incidents/accidents, or other emergencies due to force majeure; customer/rider/merchant due diligence checks; preventing, detecting, and cooperating with proper authorities in the prosecution of crimes and offenses; and observance of proper acceptable commercial behavior whether as a Kanto Xpress business partner, rider, or customer.
WHAT DATA WE COLLECT
Personal information that you provide us.
Personal information is defined under Philippine law as “any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.”
You provide us with personally identifiable information such as your name, email address, and physical address through various media and/or forms, such as original, notarized, and/or stamped documents in print or copies in accessible, legible, and electronic format, as may be necessary and upon our and/or our Partners’ request. Other personal information that we do not expressly require of you but which you willingly provide to us are collected as well. The information we collect depends on the features, functionalities, products, and Services that you request through our Platforms. Such information, which may or may not include personally identifiable information, includes but are not limited to the following:
Name (First Name, Middle Name, and Last Name);
Commercial names;
Personal photographs;
Trademarked logos;
Gender;
Age;
Birthdate;
Email address;
Landline number;
Mobile Number;
Residential address;
Office address;
Geolocation;
Ratings (Business partners, riders, and/or customers);
Payment method;
Credit card information;
Debit card information;
Payment gateway account information;
Purchase history;
Device information;
Log Data;
Computer Internet Protocol address (“I.P.”) address;
Browser version;
Visited Websites;
Timestamps of Website Visits;
Pages Viewed;
Page response time;
Available products inventory;
Bank account information;
Insurance policies;
Clearances from the National Bureau of Investigation (“NBI”) and/or the Philippine National Police (“PNP”);
Corporate documents, including authorizations such as Board Resolutions;
Food and Drug Authority (“FDA”) certifications, and related national and local health certifications;
Valid government-issued identification cards (“IDs”) and details therein; and
Valid government-issued certificates, licenses, and permits and their details.
Valuable Feedback.
Your feedback improves our community and our Services. You consent to the collection of personal information whenever you transact with our customer service and support personnel. Such information collected includes but are not limited to your full name, email address, mobile number, residential address, orders made, and account numbers. Please tell us what we can do to improve our Services.
Cookies
A cookie, according to Merriam-Webster, is “a small file or part of a file stored on a World Wide Web user's computer, created[,] and subsequently read by a website server, and containing personal information (such as a user identification code, customized preferences, or a record of pages visited)”. Our policy on cookies is more comprehensively discussed below.
COOKIE POLICY
This Cookie Policy describes what cookies are and how the website operator (“Kanto Xpress”, “Kanto Xpress” “we”, “us” or “our”) uses them in the Kanto Xpress’s Platforms and how it affects its content or Services.
This Cookie Policy provides the types of cookies we use, the information we collect and how the information is used. Our Cookie Policy is part of our Privacy Policy. By accessing and / or using the Kanto Xpress’s Platforms, you agree with the use of cookie as described in this Cookie Policy. If you choose to use the Kanto Xpress’s Platforms without blocking or deactivating the cookie or choosing other technologies to avoid the cookie, you agree to the use thereof and to the collection of personal data in accordance with this Cookie Policy and our other privacy policies.
What is a Cookie?
Cookies are a small piece of information (including but not limited to small text files) that can be transferred by the web server and/or stored in a web browser, computer hard drive, cellular phone, tablet, other personal communication devices, applications or web tool (“Device”). Small graphic images such as “pixel tags” or “clear GIFs”, or small computer files, computer programs, and similar technologies that store information on your Device or collect information or help us to identify you, your account or Device can also be included on our Kanto Xpress Platforms. Cookies are widely used to remember you and your preferences, either for a single visit or multiple repeat visits.
Why do we use Cookies?
When you visit Kanto Xpress’s Platforms, your “cookies” are used to customize, enhance, and optimize your browsing, user, and overall experiences. Some cookies are also stored in the Kanto Xpress’s Platforms since they provide various functions and facilitate certain features, such as storage of certain information that can be retrieved by the web server which can make the internet surfing experience more comfortable and useful for all users.
Anyone who uses multiple accounts or devices (including computers with different browsers) has several sets of cookies. In addition, cookies do not distinguish between several users who share the same user or device account. If more than one browser is used on a computer, each usually has a separate cookie store. Cookie can have no expiration date and can remain stored on your device for months.
Cookies cannot be used to get data from your hard drive, retrieve e-mail addresses or steal sensitive or personal information about you. The only way you can make any personal information part of your cookie file is if your device provides that information to a web server.
For more information about cookies, see www.aboutcookies.org, or www.allaboutcookies.org. You can also refer to our Privacy Policy which explains how we protect your privacy in the use of information and data about you.
While the cookies that we use may change from time to time as we improve and update our Kanto Xpress’s Platforms, we use cookies for the following purposes:
It helps us verify your account and protect its security by detecting malicious activities. For example, we can identify and impose additional security measures when someone attempts to access your account without your authorization such as by rapidly guessing different passwords;
It helps us combat violations of our Terms and Conditions or otherwise degrades our ability to provide our Services;
It helps us provide you with the relevant content and Services through our Kanto Xpress’s Platforms For example, we can show you ads and recommendations in relation to your business;
It distinguishes you from other users when you return to our Kanto Xpress’s Platforms which allows maximum and convenient browsing experience. For example, cookies can tell us your language and communication preferences; and
It ensures and improves the performance of our Kanto Xpress’s Platforms in terms of user navigation and usability and helps us evaluate the effectiveness of our marketing efforts.
What Types of Cookies do we Use?
If you want to know more about certain Cookies that we use, please refer to the information below:
Strictly Necessary Cookies
This cookie is important for the feasibility of operating our Kanto Xpress’s Platforms. This cookie allows you to move around our Kanto Xpress’s Platforms and the Kanto Xpress’s Platforms' features such as remembering previous actions when navigating back to a page in the same session. Cookie allows you to access parts of our Kanto Xpress’s Platforms which are restricted to registered users. Without this cookie, you cannot enter or return to the Kanto Xpress’s Platforms or move through various parts without having to continuously identify yourself by sending back your data (for example, an encrypted username or customer identification number). This cookie also helps us to protect the security of your account by notifying us when several people log in from the same device or account.
Functionality Cookies
This cookie is used in our Kanto Xpress’s Platforms administration to:
allow us to improve the user experience by enabling us to personalize our content for you, greet you by name, remember your preferences (for example, choice of language or region) and the type of information that you are interested in receiving when you visit certain sites (for example , if you choose the option “remember me on this computer”); and
allows us to remember your related information during your current visit, and any future visits when you register with us or fill out our online form, provided that the cookie is not temporarily deleted.
Targeting / Advertising Cookie
This cookie records your visit to the Kanto Xpress’s Platforms and our content that you have visited and the links that you have followed. We will use this information to interpret or conclude what interests you, display advertisements that are relevant to your interests, and build your profile and customize information about you. based on indicated preferences, other information we have about you as a user, and information available from external sources.
Analytical/Performance Cookies
This cookie allows us to collect statistical data for analysis to ensure that our Kanto Xpress’s Platforms is functioning properly. It allows us to identify Kanto Xpress’s Platforms’ errors or poor performance in terms of navigation and usability. It also helps us evaluate the effectiveness of our marketing efforts. The information we compile includes but is not limited to:
the domain name and country of origin of the internet service provider;
the volume of traffic of our site or web pages viewed;
patterns of use of our Kanto Xpress’s Platforms;
address of sites visited before and after visiting our Kanto Xpress’s Platforms;
referral page information to track the success of our marketing efforts in attracting people to our Kanto Xpress’s Platforms;
user responses to various advertising campaigns and user activities;
“click stream” activities or the paths taken by visitors in a site as they navigate from one page to another, how the users move around our Website and the files that are downloaded;
transactional attributes in accordance with the information you have voluntarily provided while using our Kanto Xpress’s Platforms; and
over-all Kanto Xpress’s Platforms’ performance.
How to Avoid and/or Deactivate Cookies?
You can decide on how your device will accept, limit or block cookies by configuring your preferences or choices through your web browser settings. In addition, you can also configure multiple devices to notify you when a cookie is being placed and thereafter decide whether you will accept the cookie. You can also request to activate “private browsing”, a function offered by most web browsers. Even though private browsing does not totally block cookies, this will allow you to delete all cookies specific to the browser and device every time you close the browser or activate private browsing on that particular device. Some applications or web tools (e.g., Flash Cookie) allow you to restrict or block cookies in different ways or through different processes.
Your device, application or web tool can or cannot include one or all of the above functions to allow you to set cookies. For more information about whether the function is available and how the functionality works, visit the help menu on your device, application or web tools. Functionality on your device, application or web tools can be set through a different interface than the one provided by your web browser.
If you only browse our Kanto Xpress’s Platforms and you are not a registered user, you may still be able to use the Kanto Xpress’s Platforms without agreeing to our cookie. However, limiting or blocking cookie can affect the usability of the Kanto Xpress’s Platforms. For example, you might not be allowed to watch videos or view other Kanto Xpress’s Platforms contents.
You may choose to change the settings of your online browsers to prohibit, restrict, or at least notify you of cookie collection. We inform you that disabling collection of cookies may affect or completely disable some features or portions of our Platforms or prevent us from performing our Services.
WHAT WE DO NOT COLLECT
We do not collect more than what is necessary.
The only personal information and sensitive personal information, if any, that we collect comes from you. We collect only the minimum amount and kind of information necessary to deliver our Services to our valued customers’ doorstep.
WHEN AND HOW WE COLLECT DATA
We collect your personal information only when you voluntarily provide it to us. These instances include but are not limited to:
Account profile creation;
Account profile identity verification;
Information verification and authentication;
Customer service support interaction;
Social media platform or through related Platforms;
Contest, event, raffle, or survey participation;
Order fulfillment process;
Order delivery process;
Order payment process;
Rider income remittance to personal bank accounts;
Transfer of funds from ewallets and/or bank accounts to Partners, riders, or customers; and
Refund and/or Product review procedures.
In each instance of collection of personal information, we ask for the minimum information necessary to ensure proper delivery of our Services and collect it only once you have expressed your consent. Completion and/or use of our Services manifests your complete agreement with our Privacy Policy, Terms & Conditions, and grant of consent to data collection.
HOW LONG WE RETAIN DATA
All information provided to us may be stored, processed, and/or accessed by us, for the purposes consistent with this Privacy Policy, and such other lawful purposes consistent with our Terms and Conditions, and the Law.
You agree that our Platforms retain your information for as long as you maintain a user account with us. Upon account deletion at your discretion, you agree that all collected data remains in our database for a limited archiving period of six (6) months from account deletion. Unless you request us to immediately delete your personal information in our databases, we will apply the limited archiving period for purposes of allowing ease of account recovery should you wish to reactivate your account and use our Services within the said archiving period.
If we have no ongoing legitimate business need to process your personal information and upon the expiry of the above archiving period, we will either irreversibly delete or anonymize such information.
We may also retain your information as long as your email is subscribed to our newsletters, promotional materials, advertisements, etc. You understand that you may opt out from these communications from us at any time. Moreover, we may retain your information when required by Law.
You understand that you are, at any time, free to unsubscribe from our newsletters, delete your profile, uninstall our Platforms from your devices, and/or submit an official request for deletion of your data, subject to this Privacy Policy. Should you wish to have your Personal Information deleted and destroyed or you wish to withdraw your consent in the processing of your personal information, you may do so by contacting us.
WHO WE SHARE THE DATA WITH
Kanto Xpress acknowledges its role and responsibilities as a personal information controller (“PIC”) under the Law, subject to the provisions of this Privacy Policy and contractual arrangements with its various business partners, riders, and customers. Due to the inherent software engineering design of its Platforms, Kanto Xpress has little to no role in the actual processing of personal information for and on behalf of its various business partners, riders, and/or customers. Instead, Kanto Xpress responsibly ensures the proper professional handling of personal data through its personal information processor/s (“PIP/s”), as may be necessary. In this regard, you acknowledge the limited liability of Kanto Xpress, its Board of Directors, officers, and/or employees emanating from said software design, business arrangement, and your own warranties under this Privacy Policy.
Knowing such arrangements and continuing to access, browse, use, and/benefit from our Platforms and/or Services, you agree that all collected information is, may, and/or will be necessarily shared with our PIP/s, Partners, riders, and/or the duly constituted authorities, agents, and/or institutions of the Philippine government, whether national or local, for legitimate purposes as disclosed in this Privacy Policy, Terms and Conditions, and other corporate documents and as required by Law. Said information is shared for, among others, the proper storage of information; processing and delivery of your orders and/or purchases; and improvement of the Kanto Xpress Platforms. You also agree that we may also share the information which you provide to us to your chosen third-party entity payment facilities.
We shall take reasonable measures to protect the data from breach of the agreement or any part thereof or from unauthorized and unlawful disclosure to other parties.
In our data sharing activities, the following shall be observed:
The amount of information that shall be collected and processed are defined.
The information shall be provided only to the authorized recipients of date.
We may withhold or order to cease processing or sharing of data at any time if it deems that such processing or disclosure is contrary to Law or adversarial to our interests.
We may share anonymized or aggregated information internally and with third parties for any purposes. Such information will not identify you individually.
HOW WE ENSURE FURTHER DATA PROTECTION
Kanto Xpress’s Platforms, such as its Website, App, and other systems operate with confidentiality controls, safety features, and security measures such as but not limited to secure cloud infrastructure storage, industry-standard data encryption, anonymization/pseudonymization processes, and onsite physical data storage facilities. We constantly update, optimize, and improve our Platforms to protect your personal data. Those with the ability to access personal information provided by you are only a select few authorized personnel, following strict data privacy protocols.
You agree with our data protection approach and that no electronic method of data transmission or other forms of personal data handling is one hundred percent (100%) secure. Hence, you understand that while we strive to use the best commercially acceptable means for your data protection as embodied in this Privacy Policy, you understand that Kanto Xpress, its Directors, officers, and/or employees, including its various Partners, cannot guarantee its absolute security. You thus agree that, insofar as you are concerned, Kanto Xpress’s compliance with data privacy law is met by its observance of the Law, subject to this Privacy Policy.
You acknowledge that you — whether as partner merchant, guest user, and/or beneficiary of our Services and/or Platforms — are free to unsubscribe from our newsletters, delete your accounts, and formally request for the deletion of your personal data subject to the provisions of this Privacy Policy and our Terms and Conditions.
Deletion of personal data shall be honored within reasonable time from request and as long as it will not compromise, damage, injure, or make inefficient the entirety, integrity, confidentiality, and security of Kanto Xpress’s and/or its Partners’ collected data, Platforms, and/or Services within such reasonable time from the time of complete correspondence.
We also acknowledge our users’ rights as data subjects under the Law, and will endeavor to address concerns, complaints, and other grievances by responding within reasonable time of receipt thereof.
YOUR DATA PRIVACY RIGHTS
Under the Law, you are entitled to the following data privacy rights:
the right to be informed whether your Personal Information shall be, are being, or have been processed;
the right to object to the processing of your Personal Information;
the right to reasonably access your Personal Information;
the right to dispute the inaccuracy or error in your Personal Information and have us correct it immediately and accordingly;
the right to suspend, withdraw, or order the blocking, removal or destruction of your Personal Information from our records;
the right to file a complaint with the NPC for any violation of your data privacy rights;
the right to be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your Personal Information not in accordance with this Statement; and
the right to data portability of your Personal Information.
In respecting your data privacy rights, you may opt to tell us:
not to share your information with our subsidiaries and affiliates or with other companies that we have business with provided that such information is not critical nor required by applicable laws and regulations in maintaining the Services that you have availed with us;
to provide you with information that we currently have about you subject to restrictions applied to us as a company operating in the Philippines by certain laws and regulations;
to update your Personal Information; and
about your other concerns relating to how we collect, use, share, protect or dispose your information.
YOUR PART IN PROTECTING YOUR DATA
You agree that you too play a part in ensuring your personal data and the data of others are protected. By accessing our Platforms and/or using our Services, you declare, represent, and warrant that:
You have been notified of the existence of, you have read, and you understand with our Privacy Notice, this Privacy Policy, and our Terms and Conditions;
You absolutely agree with our Privacy Notice, Privacy Policy, and Terms and Conditions, and all of its contents such as but not limited to your representations and warranties, your agreement with and related waivers concerning our and our Partners’ limitation of liabilities, and assumption of certain responsibilities in exercise of your data privacy rights;
By accessing, benefitting from, using, and/or giving consent to our varied platforms, whether in print or via our online software systems, directly or indirectly, such as the latest official build of our Website and the latest versions of our official mobile application and/or through our Services, you agree to be bound to our Privacy Policy and Terms & Conditions. You agree to having your data collected, corrected, transferred, stored, retrieved, used, retained, shared, deconstructed, and/or destroyed in the manner disclosed in our Privacy Notice, this Privacy Policy, and our Terms & Conditions;
You will keep yourself updated with any changes in our Privacy Notice, Privacy Policy, and Terms and Conditions, and your continued use of our Platforms and/or Services indicate your agreement with any additions, changes, subtractions, or modifications thereto;
You represent and warrant that all information such as number of items in your inventory and availability thereof that you provide to us are accurate, given in good faith, lawful, and true.
During account creation, information entered therein is true and correct to the best of your personal knowledge, and is not false, fabricated, misleading, for the purpose of any illegal activity, ill-will, nor information of persons, whether natural or juridical, other than yourself;
During account creation, should you enter information in representation of another person, whether natural or juridical, you warrant that you have obtained his/her/their consent and/or authorization, as the case may be, and such was willingly given, without duress, force, intimidation, or violence, and not through strategy or stealth.
At the time of account creation and thereafter, all copies of certifications, licenses, permits, and various government and non-government issuances that you submit or upload to our database, whether in print or electronic format, are issued by the pertinent authorities acting within their proper lawful jurisdiction, genuine, unaltered, and valid; and not in any way altered through digital software, not physically tampered with prior to scanning into electronic format, not issued by a government or non-government authority outside of its proper jurisdiction, not fabricated, false, or a spurious copy, and not created, issued, or a product of/pursuant to any illegal activities, schemes, or methods.
Should there be any genuinely suspicious activity and/or legitimately objectionable features in our Platforms, instead of continuing the use of our Platforms and/or using our Services, you will alert or report us within twenty-four (24) hours from occurrence of said suspicious activity or encounter of the objectionable feature rather than proceeding with orders or continue use of our Platforms/Services. You agree that your failure to alert us and/or continued access and/or use of our Platform and/or Services within said time period of said suspicious activity and/or objectionable features constitutes as your absolute waiver of any causes of action, claim, damages, and/or liability, of whatever nature, arising from such activity, incident, feature, and/or occurrence, and as against Kanto Xpress, its Board of Directors, officers, and/or employees; and/or its Partners.
Should there be sufficient proof of a breach of your data privacy rights, as required under the Law, you will immediately inform us so that we could attempt to provide you with a proper response and/or reasonable redress within reasonable time from our receipt of our complete correspondence of your concern, compliant, or grievance.
You access and/or use our Platforms and/or Services in accordance law, public order, public policy, morals, or good customs, and without any ill intent or malice against us, other users, and merchants.
By submitting the required personal information to us, you consent to such collection, disclosure and use thereof. You hereby expressly waive and unconditionally release us from any and all liability, claims, causes of action, or damages, of whatever nature, arising from our legitimate use of the submitted Personal Information.
You, as our valued partner merchant, agree, warrant, and represent that you will absolutely assume all of your liabilities, roles, and responsibilities as a distinct, independent, and separate Personal Information Controller (“PIC”) of personal information of your own data subjects, as may be applicable and/or necessary. You therefore irrevocably hold Kanto Xpress, its Board of Directors, corporate officers, and/or employees and its Partners harmless from any cause of action, damages, and/or liability arising from, incidental to, or simultaneous with any data privacy law breaches insofar as its own capacity as PIC and/or its own set of data subjects.
REASONABLE TIME FOR OUR RESPONSE AND LAWFUL INTERRUPTION THEREOF BY FORCE MAJEURE
You agree with our terms for response within reasonable time; lawful interruption thereof; and force majeure in relation to your exercise of your data privacy rights.
We shall exert our best efforts to address your concerns, complaints, or grievances shall be examined with care, professionalism, and within reasonable time from our receipt of your complete correspondence with us.
Such reasonable time depends on the circumstances of said concern, complaint, or grievance, and shall be deemed lawfully interrupted by certain events beyond the control of any party herein such as but not limited to: acts of God such as natural calamities, typhoons, tornado, volcanic eruption; acts of political instability such as revolution, civil war, insurrection, civil disobedience, riot, terrorism, economic sabotage; threat of spread of mandatorily reportable communicable and infectious diseases such as but not limited to COVID-19, government declaration of public health emergency measures such as national and/or local quarantines and/or other management/employee restrictions; acts of authorities whether lawful or unlawful; prolonged suspension or unavailability of public transportation, telecommunication, and electric utilities; and other force majeure events (“Force Majeure Event”).
CONTACT US
Should you have any questions about our Privacy Policy, please contact us through:
DATA PROTECTION OFFICER
Kanto Xpress TECHNOLOGIES INC.
dpo@Kanto Xpress.ph
Any information you provide to us in this manner shall be deemed, unless otherwise expressly requested, non-confidential. You agree that we are free to use such non-confidential information on an unrestricted basis.
CHANGES TO OUR PRIVACY POLICY
This Privacy Policy is effective as of August 2020 and will remain in effect unless its provisions are changed in the future. Such modified version will be in effect immediately after posting on this page dedicated for the Privacy Policy.
We reserve the right to correct, change, modify, or update our Privacy Policy, without your consent and at any time pursuant to our commitment in adopting the constantly changing commercially acceptable data protection practices and in compliance with Philippine Data Privacy law.
You are responsible for regularly reviewing this Privacy Policy. Any such amendments, modifications and/or updates will be effective immediately upon posting on the Platform. Your continued access or use of the Platform after the posting such amendments, modifications and/or updates confirms your acceptance and consent to be bound by the Privacy Policy, as amended; provided, that when certain changes require your consent, we shall communicate the changes to you and ask for your consent.
Any such amendments, modifications and/or updates will be effective immediately upon posting on our Platforms. Your continued access, benefit from, and/or use of our Platforms and/or Services after the posting such amendments, modifications and/or updates confirms your acceptance and consent to be bound by the Privacy Policy, as amended; provided, that when certain changes require your consent, we shall communicate the changes to you and ask for your consent.