Effective Date: May 1, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE FASTWAKA PLATFORM.

1. Introduction and Acceptance

Welcome to Fastwaka! These Terms and Conditions ("Terms") govern your access to and use of the Fastwaka mobile applications (the "User App," "Vendor App," "Rider App," collectively the "Apps"), website (Fastwaka.com), and related services (collectively, the "Platform" or "Service") provided by Fastwaka Enterprise (registered as a Sole Proprietorship in the Philippines) ("Fastwaka," "we," "us," or "our").

The Platform acts as a technology marketplace connecting users ("Users," "You") seeking to order various goods including food, groceries, pharmacy items, parcels, and e-commerce products ("Goods") from independent third-party vendors ("Vendors"), with delivery facilitated by independent third-party delivery partners ("Riders").

By downloading, accessing, browsing, registering for, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at /privacy), which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform. These Terms constitute a legally binding agreement between you and Fastwaka.

2. Definitions

"Platform": Refers to the Fastwaka Apps, Fastwaka.com website, backend systems, and related services.
"User": An individual using the User App to order Goods.
"Vendor": An independent business/individual selling Goods via the Platform.
"Rider": An independent individual providing delivery services via the Platform.
"Goods": Items offered by Vendors (food, groceries, pharmacy, parcels, e-commerce products, etc.).
"Order": A User's request to purchase Goods via the Platform.

3. Service Description and Role of Fastwaka

Fastwaka provides a technology platform connecting Users, Vendors, and Riders. Fastwaka is NOT a retailer, restaurant, pharmacy, logistics provider, or employer of Riders. Vendors are solely responsible for their Goods (quality, safety, legality, pricing, descriptions). Riders are independent contractors responsible for their deliveries, conduct, and compliance.

Fastwaka's role is limited to facilitating transactions, providing the marketplace technology, processing payments (via third parties), and offering related support services.

4. Account Registration and Use

You must be at least 18 years old and legally capable of entering contracts in the Philippines.
You must provide accurate, current, and complete information during registration and maintain its accuracy.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of unauthorized use.
Fastwaka may require verification steps (e.g., phone, ID) for Users, Vendors, or Riders.
Use of the Platform is subject to approval by Fastwaka, especially for Vendor and Rider accounts.

5. User Conduct

You agree not to use the Platform for any unlawful, fraudulent, harassing, or harmful purpose, nor to interfere with the Platform's operation or violate the rights of others. You must comply with all applicable Philippine laws.

6. Ordering, Pricing, and Payment (For Users)

Orders are placed through the User App within designated service zones.
Order acceptance is subject to Vendor (and potentially Rider) confirmation.
Prices are set by Vendors (in PHP, inclusive of applicable taxes like VAT) plus applicable delivery and service fees charged by Fastwaka, displayed before confirmation.
Payment is facilitated via third-party processors for methods like credit/debit cards, e-wallets, or collected directly by Riders for Cash on Delivery (COD) orders. You authorize charges for the total order amount.

7. Delivery, Parcel Handling, and Takeaway

Deliveries are made by independent Riders within specified zones and estimated times (not guaranteed).
Users are responsible for providing accurate delivery details and being available to receive the Order.
For parcel services, Users must ensure parcels comply with size, weight, and content restrictions set by Fastwaka and applicable laws. Prohibited items may not be sent. Fastwaka and Riders are not liable for damage to improperly packaged or prohibited items.
For takeaway orders, Users must collect from the Vendor location within the specified time.
Title and risk pass to the User upon successful delivery or collection.
Report delivery issues promptly via Fastwaka customer support.

8. Vendor Terms

Vendors agree to: Provide accurate business/product information; ensure Goods' quality, safety, and legality; comply with all Philippine laws (food safety, permits, etc.); prepare orders correctly and promptly; maintain accurate operational status; manage finances and agree to commission/payment terms. *(A separate Vendor Agreement may apply)*.

9. Rider Terms

Riders agree to: Operate as independent contractors; maintain valid licenses, insurance, and safe vehicles; handle Goods and parcels carefully; follow delivery protocols and app usage guidelines; manage COD payments correctly; maintain professionalism and confidentiality; agree to payment terms. *(A separate Rider Agreement may apply)*.

10. Content & Intellectual Property

Fastwaka owns or licenses all Platform content and technology. You may not misuse Fastwaka's intellectual property. Vendors grant Fastwaka a license to use their content (logos, menus) on the Platform. Users grant Fastwaka a license to use any content they submit (e.g., reviews).

11. Promotions

Promotions (codes, discounts, loyalty points, referrals) offered by Fastwaka or Vendors are subject to specific terms and conditions and may be modified or canceled.

12. Cancellations, Refunds, and Returns

Order cancellations are possible within limited timeframes. Refunds/credits for issues (missing/damaged items) are subject to investigation and policy. See our specific Cancellation Policy and Refund Policy for details.

13. Privacy

Our Privacy Policy details how we collect, use, and protect your personal data in compliance with the Philippine Data Privacy Act (RA 10173).

14. Third-Party Services

The Platform may integrate with third-party services (payments, maps). We are not responsible for these services; their terms and policies apply.

15. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. FASTWAKA DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE, NOR THE QUALITY, SAFETY, OR LEGALITY OF VENDOR GOODS OR RIDER SERVICES. FASTWAKA DISCLAIMS LIABILITY FOR THE ACTS OR OMISSIONS OF USERS, VENDORS, AND RIDERS.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY PHILIPPINE LAW, FASTWAKA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF FEES PAID BY YOU TO FASTWAKA IN THE PRIOR SIX MONTHS OR PHP 5,000.00.

17. Indemnification

You agree to indemnify and hold harmless Fastwaka and its affiliates from any claims arising out of your violation of these Terms, your use of the Platform, or your violation of any law or third-party rights.

18. Termination

You may terminate by deleting your account. Fastwaka may suspend or terminate your account for violations of these Terms or other reasons at its discretion. Provisions on IP, disclaimers, liability, and indemnity survive termination.

19. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes. Continued use after changes become effective constitutes acceptance.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of the Philippines. Disputes shall first be negotiated in good faith. If unresolved after 60 days, disputes shall be filed exclusively in the competent courts of Pasay City, Metro Manila.

21. Miscellaneous

These Terms and the Privacy Policy constitute the entire agreement. If any provision is invalid, the remainder remains effective. No waiver is binding unless in writing. You may not assign these Terms; Fastwaka may. Notices may be provided via email or Platform posting.

22. Contact Information

For questions about these Terms, contact us:

Email: fastwaka@fastwaka.com
Mobile: +639686679270
Mailing Address: 123 Delivery Hub St., Barangay 76, Pasay City, Metro Manila, 1300 Philippines