TERMS AND CONDITIONS

WHEREAS, the Acacia Avenue Association, Inc. is an association located in Alta Vista de Pavillion, Acacia Lane, Brgy. Bambang, Taguig City.

WHEREAS, in order to better serve the needs of the residents of the Acacia Estates, and in order to provide for a more convenient and useful form of travel to them, the Corporation has established the DMCI Homes Rideshare, a Shuttle Service which offers rides every 0600H to 2000H hours from the Condominium Building in Acacia Estatesto various points in Bonifacio Global City, Taguig.

WHEREAS, the residents of Acacia Estates, in order to maintain the continuance of the DMCI Homes Rideshare, agree to cover the costs of the service each time they avail of it, and that the same shall be included as part of their Monthly Statement of Account.

NOW THEREFORE, the Association has devised the following Terms and Conditions for the use of the DMCI Homes Rideshare.

Parties

These terms and conditions (hereinafter “Agreement”) shall applicable to the use and enjoyment of the DMCI Homes Rideshare by any Resident or Unit Owner of the Acacia Estates, including any family member, guest, tenant, or related third party of said Resident/Unit Owner who shall avail of DMCI Homes Rideshare with the latter’s knowledge and/or authority, referred to herein as the CUSTOMER, and the Acacia Avenue Association, Inc., referred to herein as the COMPANY.

Preamble

1. By accepting these Terms and Conditions, the CUSTOMER hereby acknowledges that the same shall be considered as binding between the Parties.
2. Any CUSTOMER who has read this Agreement and who shall thereafter make use of or otherwise enjoy the DMCI Homes Rideshare shall be deemed to have automatically accepted the Terms and Conditions and that the same shall be considered as binding between the Parties.
3. The COMPANY hereby warrants that it is operating this Service in compliance with all national laws and regulations, that is does so with all necessary permits and licenses.

Services

1. The COMPANY has established the DMCI Homes Rideshare which provides transportation to various points around Bonifacio Global City, Taguig, from the Acacia Condominium Building. The full range of services offered are:
   • Shuttle Service from 6:00am to 8:00pm (time may vary depending on actual traffic conditions)
   • Pick-up at Drop-off at designated locations inside the properties
   • Drop-off points in BGC (no waiting time)
   • Cashless payments thru Statement of Account
2. These services are offered and available to all RESIDENTS of the Acacia Estates. In order to avail of the same, a RESIDENT shall book thru the official page of DMCI Homes Rideshare. Future development in the DMCI Homes Communities App will enable residents to book directly in the App.
3. This Service shall continue to be available even if said RESIDENT draws their authority from a UNIT OWNER that does not reside in the Acacia Residential Condominium.
4. RESIDENTS shall not be charged for any CHANGED or CANCELLED booking provided that they do so prior to the departure towards the current location of the resident.
5. Any change or cancellation made when the shuttle is already in transit to the current location of the trip shall not be refundable even if the RESIDENT shall be unable to use the service.

Conditions of use

1. The RESIDENT who shall book a ride must be at least 14 years of age, PROVIDED THAT RESIDENTS younger than 14 years of age may avail of the Service provided that they are accompanied by a RESIDENT who is also an adult.
2. RESIDENTS shall at all times observe ordinary diligence in the use of the facilities of the Service and shall exercise care to not damage the same. In this regard, the term FACILITIES shall refer to all items, equipment, property, which shall be used for purposes of rendering the service, including but not limited to:
   • The vehicle itself, including the interior and exterior.
   • Any item found in the parking area.
3. RESIDENTS shall be allowed to bring aboard food and beverages, but in no case shall they be allowed to eat or drink them while onboard the vehicle.
4. In no case shall RESIDENTS be allowed consume alcoholic beverages of any kind while onboard the shuttle.
5. The COMPANY shall have the right to refuse to service any RESIDENT who has booked a ride who, upon boarding the vehicle, shall exhibit signs of being intoxicated, without any right to refund.
6. In no case shall RESIDENTS be allowed to bring Firearms onboard a shuttle, whether or not the same is licensed. In no case shall RESIDENTS be allowed to bring onboard prohibited, illegal or dangerous drugs or narcotics, as defined under the Comprehensive Dangerous Drugs Act of 2002, as amended, nor shall any RESIDENT be allowed to bring onboard any other item or article possession of which is prohibited or illegal under the law.
7. The COMPANY shall have the right to refuse to service any RESIDENT who has booked a ride who, upon boarding the vehicle, shall be found to have in their possession any Firearm or any prohibited, illegal, or dangerous drug or narcotic, or any other illegal or prohibited item, without any right to refund.
8. RESIDENTS hereby acknowledge that the COMPANY shall not have any responsibility whatsoever for any personal property of a RESIDENT passenger. Baggage and all other personal property will be handled only at the RESIDENT’s own risk. Such items are loaded and transported at the sole risk of the RESIDENT, except in cases of negligence by the COMPANY, as provided herein.

Term

These Terms and Conditions shall be effective from the moment of their acceptance by the RESIDENT, until such time as the RESIDENT loses this status.

Costs

1. The costs for availing of the DMCI Homes Rideshare shall be charged to the Monthly Statement of Account of the Unit in which the RESIDENT resides, or from whose owner the RESIDENT had the knowledge and/or consent to use the Service.

Reparations for damages

In case of any of the following violations, a fine shall be imposed upon UNIT OWNER, even if the same is committed by a guest, tenant, or 3rd party relative, provided that the latter’s use of the Service was with the knowledge and/or consent of the Unit Owner.

The same shall be made part of the Statement of Account of the Unit belonging to the UNIT OWNER who utilized the service or who had knowledge/consented to the use of the Service.

RESIDENTS with physical limitations

In cases of bookings by or for RESIDENTS with physical restrictions, such as but not limited to the need for wheelchairs or other walking aids, they must inform the COMPANY of this fact in advance in order that the COMPANY may make proper arrangements for them.

Suspension of Use

1. Notwithstanding the above, the COMPANY reserves the right to temporarily suspend the use of the DMCI Homes Rideshare to any Resident who:
   • Is in arrears or otherwise has unpaid accounts with the COMPANY, including for any costs that may be imposed under these Terms and Conditions, until said amount is fully paid;
   • Is the subject of an ongoing administrative investigation by the COMPANY for violations of the aforementioned Conditions of Use or any other provision of these Terms and Conditions, for the duration of said investigation, but in no case longer than a period of 5 days;
   • Is the subject of an ongoing administrative investigation by the COMPANY for violation of any other Rules and Regulations of the COMPANY, for the duration of said investigation, but in no case longer than a period of 15 days;
   • Is the subject of a pending Criminal, Administrative, or Civil Complaint commenced against them in a Court of Law or Government Tribunal, either by the COMPANY or any other RESIDENT (except a guest, visitor, or third party relative), for any crime or violation committed against the COMPANY or said RESIDENT, for the duration of said litigation;
   • Any other analogous reason as may be determined by the Company and which is explained to the RESIDENT in writing, for a period not to exceed 30 days.
   • Is found administrative liable by the COMPANY for violation of these Terms and Conditions and/or any other COMPANY Rules and Regulations, for a period not to exceed 60 days, PROVIDED that such suspension shall be a permanent disqualification in the cases stated below.

Permanent Disqualification of Use

Notwithstanding the above, the COMPANY reserves the right to permanently refuse use of the Shuttle Service to any Resident who:

• Is found guilty of any of the following violations of the COMPANY’s Rules and Regulations:
  • Drunkenness or intoxication on alcohol or on prohibited or illegal narcotics substances while onboard a Shuttle.
  • Causing damage to the Shuttle Service used
  • Using of foul and/or inappropriate language towards any DMCI Homes Rideshare employee or fellow shuttle rider
  • Use of false information in booking for the shuttle service
• Is found guilty in any Criminal, Administrative, or Civil case by any Court of Law or Government Tribunal which had been commenced against them either by the COMPANY or any other RESIDENT (a guest, visitor, or third party relative of a Resident/Unit Owner).

Suspension of the Service

The COMPANY reserves the right, at any time, to suspend the availability of the Service to all persons, either in whole or in part, for any reason.

Liability of the Company

The COMPANY shall be liable for damages to its RESIDENTS for injury or damage to property, within the full extent of the law, which may have resulted from NEGLIGENCE by the COMPANY or its employees, provided that:

1. In the event of non-compliance with these Terms and Conditions, the COMPANY shall not be solely liable for any loss or damage that may be related to its negligence of these Terms on the basis of evidence.
2. Losses or damages for which the COMPANY is responsible cannot exceed the amount paid by the RESIDENT for the transfer.
3. In the case of Force Majeure, the COMPANY shall not be responsible for any damage or injury suffered by the RESIDENT except to the extent that may have resulted from the negligence of the COMPANY.
4. In no case shall the COMPANY be held liable unless its negligence can be established by proof as provided by the RESIDENT.
5. In the event of death or personal injury due to our negligence, nothing in these Terms and Conditions shall limit or exclude our liability. This also applies to all other rights that you, as a Customer, legally own in accordance with applicable law.

Complaints

Any and all Complaints by RESIDENTS against the COMPANY for the service rendered must be reported in writing to the Property Management Office (PMO) of the COMPANY, either in printed form or electronically, within five (5) days of the incident complained of or the right to the same shall be deemed waived.

Miscellaneous

These Terms and Conditions, together with Metropolitan Shuttle’s Invoice/Contract, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes any other promises, representations, or conditions in any other agreement, whether oral or written. These Terms and Conditions may be modified or amended only in a written instrument signed by both parties.