Sakayna Terms and Privacy Policy

Thank you for choosing Sakayna ("we," "our," or "us"). This document outlines the terms and conditions ("Terms") and privacy policies governing your use of Sakayna ("App"). By accessing or using Sakayna, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please refrain from using Sakayna App.

1. Definitions

• User
  The term "User" refers to any individual, organization, or entity accessing, interacting with, or utilizing the Sakayna platform in any capacity. This includes but is not limited to Drivers, Clients, and any visitors browsing the platform without creating an account.
• Driver
  The term "Driver" refers to motorcycle or tricycle operators who have registered with Sakayna as service providers. Drivers are responsible for offering ride services to Clients, adhering to the platform's policies, and maintaining compliance with applicable laws and regulations.
• Client
  The term "Client" refers to individuals or entities who book, request, or avail of ride services through the Sakayna platform. Clients utilize the platform to connect with Drivers for transportation needs and are obligated to adhere to the terms and conditions set by Sakayna.
• Service
  The term "Service" encompasses all features, tools, functionalities, and systems offered by Sakayna to facilitate ride-hailing operations. This includes, but is not limited to, the mobile application, website, payment systems, communication tools, and any associated services provided to enhance the ride-hailing experience for both Drivers and Clients.

2. User Responsibilities

a. Account Security

• Confidentiality
  Safeguard your account credentials. Since Sakayna uses Google for account registration and sign-in, ensure your Google account credentials, including your email and password, are kept secure. Never share these credentials with others or allow unauthorized individuals to access your account through Google Sign-In.
• Unauthorized Access
  Immediately notify Sakayna’s support team if you suspect or become aware of any unauthorized access or activity on your account. Swift action will help mitigate risks and protect your account from further misuse.
• Account Usage
  You are solely responsible for all actions and activities conducted through your account. Ensure your account is used only by you or those you have authorized, under conditions permitted by Sakayna.

b. Prohibited Activities

• Unlawful Use
  Using the platform for illegal activities or purposes, including but not limited to fraud, transportation of illegal items, or violating local laws.
• Harassment and Abuse
  Engaging in harassment, abuse, or threatening behavior toward Drivers, Clients, or any other users of Sakayna. Respectful and professional conduct is expected at all times.
• Platform Disruption
  Attempting to reverse-engineer, hack, exploit vulnerabilities, or disrupt the functionality of Sakayna’s platform. This includes interference with the app, website, servers, or associated systems.

c. Payment Obligations

• Timely Payment
  Users are required to ensure prompt payment for all services availed through the platform. This includes payments made via Sakayna’s payment system or any authorized alternatives.
• Dispute Reporting
  Any disputes regarding charges, payment errors, or billing concerns must be reported to Sakayna’s customer service within 48 hours of the transaction. Failure to report within this timeframe may result in limited or no resolution options.
• Fraudulent Transactions
  Users must not attempt to engage in fraudulent activities, such as chargebacks or unauthorized use of payment methods, which may result in account suspension and legal action.

3. Driver Responsibilities

a. Licensing and Legal Compliance

• Valid Licenses and Permits
  Drivers must maintain and possess valid driver’s licenses, vehicle registration, and any other permits required by local, regional, or national laws. These documents must be updated as necessary and made available for verification upon request.
• Compliance with Regulations
  Drivers must adhere to all traffic laws, transportation regulations, and policies outlined by Sakayna. Violations may result in penalties or removal from the platform.

b. Vehicle Safety and Maintenance

• Safe Operating Condition
  Drivers must ensure their vehicle is in excellent working condition, with regular maintenance performed to meet safety standards. This includes functioning brakes, lights, tires, and any other critical components.
• Cleanliness and Hygiene
  Vehicles and helmets must be kept clean and presentable at all times to provide a comfortable experience for Clients.
• Insurance Requirements
  Drivers must hold valid vehicle insurance as mandated by local laws, ensuring protection for both the Driver and Clients in case of accidents or emergencies.

c. Professional Conduct

• Courteous and Respectful Service
  Drivers are expected to provide professional, polite, and respectful service to all Clients. This includes clear communication, punctuality, and accommodating reasonable requests.
• Zero Tolerance for Misconduct
  Harassment, discrimination, or any form of inappropriate behavior toward Clients or other platform users is strictly prohibited and will result in immediate removal from Sakayna.
• Transparency and Honesty
  Drivers must accurately report trip details, adhere to agreed-upon routes, and avoid any practices that may deceive or inconvenience Clients.

4. Privacy Policy

• Sakayna values your privacy and is committed to protecting your personal information. This policy outlines the types of data we collect, how it is used, and the circumstances under which it may be shared.
• a. Information We Collect
• Personal Information: Includes details such as your name, contact information (e.g., email address, phone number), This information is necessary for account creation, ride-booking, and transaction processing.
• Usage Data: Includes technical data such as device type, operating system, app version, and device identifiers. We also collect information on app interactions, including ride requests, cancellations, and other user activities. Location data is collected to facilitate ride matching and navigation.
• b. How We Use Your Information
• Facilitating Services: To process and manage ride bookings, ensure accurate navigation, and enable seamless communication between Clients and Drivers.
• Improving Functionality and User Experience: To enhance app performance, develop new features, and address technical issues.
• Legal and Compliance Obligations: To meet regulatory requirements and cooperate with law enforcement or other government agencies as mandated by law.
• c. Data Sharing
• With Drivers: Personal information such as your name, pick-up location, and contact details may be shared with Drivers to complete booking requests.
• With Authorities: Information may be disclosed to law enforcement or other regulatory bodies if required by law, such as in cases of criminal investigations, fraud prevention, or legal disputes.
• For Business Operations: Aggregated, non-identifiable data may be shared for research, marketing, or business analysis purposes.

5. Payment and Refund Policy

• Sakayna aims to provide a seamless and secure payment experience for all users. This policy outlines the guidelines for processing payments, issuing refunds, and fare adjustments.
• a. Payment Processing
• Payment Method: Upon successful completion of a booking, the commuter is required to pay the driver either in cash or via GCash to GCash transfer.
• Secure Transactions: For GCash transactions, all payments are processed securely through the GCash platform, which adheres to industry-standard security protocols.
• Driver's Coin Deduction: When the driver accepts a booking, a specified amount of Sakay coins will be deducted from their account as a booking confirmation fee.
• Coin Refund on Cancellation: If the commuter cancels the booking after the driver has accepted it, the deducted Sakay coins will be refunded back to the driver’s account.
• Payment Authorization: By using Sakayna, you agree to pay the driver using the chosen payment method. Commuters are responsible for ensuring they have the necessary funds available for the transaction.
• b. Fare Adjustments
• Dynamic Pricing: Sakayna reserves the right to adjust fares dynamically based on factors such as demand, traffic conditions, weather, or other operational considerations.
• Disputes on Fare Adjustments: Users may request clarification or dispute unexpected fare changes by contacting Sakayna’s support team.

6. Liability and Disclaimers

• Sakayna serves solely as a platform that connects Clients with Drivers for ride services. By using the Sakayna platform, you acknowledge and agree to the following limitations of liability and disclaimers:
• a. Limitation of Liability
• No Liability for Personal Injuries or Property Damage: Sakayna is not responsible or liable for any personal injuries, accidents, or property damage that may occur during rides between Clients and Drivers. This includes injuries or damages caused by factors beyond Sakayna’s control, such as traffic incidents, weather conditions, or driver actions.
• Clients and Drivers are responsible for their own safety and the safety of others while using the platform, including adherence to traffic laws, vehicle maintenance, and safe driving practices.
• Misconduct by Users: Sakayna is not liable for any misconduct, inappropriate behavior, or disputes that may arise between Drivers and Clients during or after the ride. This includes, but is not limited to, harassment, discrimination, theft, or fraud.
• b. Indemnification
• User Responsibility: By using Sakayna, users agree to indemnify, defend, and hold harmless Sakayna, its officers, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising out of or related to their use of the platform.
• Third-Party Claims: Users also agree to indemnify Sakayna for any claims made by third parties that arise from their use of the platform, including but not limited to claims related to accidents, damage, or unlawful activities associated with the services provided.

7. Termination

• Sakayna reserves the right to terminate or suspend user accounts under certain circumstances, as outlined below:
• a. Violations of Terms and Conditions
• Non-Compliance with Platform Rules: Accounts may be terminated or suspended if the user violates any of the platform’s terms, policies, or guidelines, including the User Responsibilities, Driver Responsibilities, Privacy Policy, Payment and Refund Policy, and any other applicable terms of service.
• Breach of Agreement: Repeated or severe breaches of Sakayna’s terms, such as consistent no-shows, abusive behavior, or the misuse of the platform, may result in the immediate termination of the account, without prior notice.
• b. Fraudulent Activities
• Engagement in Fraudulent Actions: Accounts found to be involved in fraudulent activities, including but not limited to fraudulent payment processing, identity theft, false information, or misuse of the platform for illegal purposes, will be immediately suspended or terminated.
• Sakayna reserves the right to cooperate with legal authorities in investigating and prosecuting any fraudulent or criminal activities that occur through the platform.
• c. Misconduct
• Inappropriate Behavior: Users who engage in harassment, threats, or any behavior deemed inappropriate, dangerous, or disruptive by Sakayna’s staff will face account suspension or termination.
• Impact on Other Users: If a user’s conduct negatively affects the experience or safety of other platform users, Sakayna reserves the right to suspend or terminate the account to ensure a safe environment for all users.
• d. Notice and Appeal Process
• Notification of Termination: Users whose accounts are terminated or suspended will be notified via the contact details associated with their account.
• Appeal Process: Users who believe their account was wrongfully suspended or terminated may appeal the decision by contacting Sakayna’s customer support.

8. Amendments

• Sakayna reserves the right to update, modify, or change these Terms and Policies at any time, as needed to comply with legal, regulatory, or operational requirements.
• a. Right to Amend
• Platform Changes: Sakayna may amend these Terms and Policies to reflect changes in our services, technology, user feedback, or legal obligations.
• b. Notification of Changes
• User Notification: Users will be notified of significant amendments to these Terms and Policies via email, app notifications, or through a prominent notice on the Sakayna platform.
• c. Review and Acknowledgment
• Review of Terms: Users are encouraged to periodically review the Terms and Policies to stay informed about any updates or amendments.

9. Contact Information

• For inquiries or concerns, please contact us at:
• Email: ride.sakayna@gmail.com
• Phone: 09851570733
• Address: National Highway, Brgy San Pedro Puerto Princesa City, Palawan