Terms of Agreement Annexes
      Back to home
      1. Knowledge Base | RUSH Help Center
      2. Terms and Conditions
      3. Terms of Agreement Annexes

      Authorization and Third-party Integration Waivers (RTI Master Subscription Agreement Annex D)

      This article includes the authorizations for third-party integrations that are necessary to deliver some features of your RUSH platform.

      1. Authorization for SMS Masking

      By availing of the RUSH Software (the “Service”), Merchant authorizes RUSH TECHNOLOGIES Inc. (RTI) as a communications channel to send SMS blasts and Innove Communications, Inc. (“Innove”) to submit any provided information required by the Google Play and Apple App Stores for and in behalf of the Merchant, and, upon Merchant’s approval and subject to conditions which RTI may in its sole discretion opt to impose, to customize the number appearing on the SMS recipient’s phone, making it appear that the SMS was sent by RUSH (“Masked Name”), with Masked Name as the masked name for Merchant’s use.

      Merchant represents and warrants that Masked Name and any and all title, rights and interest thereto are owned by Merchant and that no other person or entity has the right to use or cause the distribution thereof as a masked name. Accordingly, Merchant hereby undertakes that it shall hold RTI and Innove, its directors, stockholders, officers, employees and agents, free, harmless and indemnified against any and all claims, suits, proceedings, actions, and other demands of third parties claiming title, ownership or any other interest with respect to the use of Masked Name as Merchant’s trade name, trademark, domain name, or any name/designation forwarded to the recipients.

      Furthermore, Merchant undertakes that it shall at all times comply with applicable laws, rules and regulations relating to the sending of SMS and the use of a masked name in the sending of SMS. Accordingly, Merchant hereby undertakes to hold RTI and Innove free, harmless and indemnified against any and all liabilities with respect to such laws, rules and regulations.

      2. Third Parties


      2.1 Logistics.

      a. Merchants have the responsibility to fulfill and ensure that Customers receive the items ordered. Unless otherwise agreed with RTI, Merchant should make the necessary arrangements on their own to have the purchased item delivered to the Customer within the time frames that Merchant has committed to Customer.

      b. RTI does not make any warranty or representation on the services of Third-Party Couriers.

      c. RTI shall not be held responsible whatsoever for the Third-Party Courier’s action, negligence, failure, lateness, or rejection to provide transportation services. Neither shall RTI be held liable for the safety, reliability, compatibility, or capability of the Third-Party Courier during the fulfillment of the Third-Party Courier’s obligations in delivering the items. Merchant shall hold RTI and the RTI indemnified persons harmless and free from liability from any and all claims, responsibilities, causes, or damages.

      d. Merchants bear all risk attached to the delivery of the purchased item(s). In the event where the purchased item(s) is damaged or lost, or there is failure of delivery during the course of delivery, Merchants acknowledge and agree that RTI will not be liable for any damage, expense, cost or fees resulted therefrom, and Merchant and/or Buyer must reach out to the logistic service provider to resolve such dispute.

      e. The following are the applicable terms and conditions of MyTaxi.PH, Inc. (“GRAB”) regarding lost and damaged items. These are replicated below for guidance and reference. The Merchant ultimately has the responsibility to coordinate directly with GRAB in the event of any damage and loss to items purchased. Merchant also acknowledges that the below policy may be changed from time to time depending on the discretion of GRAB. It will be the obligation of the Merchant to check the updated policy of GRAB and/or any third-party logistics provider through their official communication channels:

      GRAB Policy for Damages and Loss


      Section 1: Performance Requirements


      GRAB shall provide the proper delivery time Service Level Agreement based on the matrix in Figure A. In the event that GRAB fails to meet the delivery time indicated, End User may make a claim and follow the procedures under Section 2.

      Figure A:


      Time   Incurred   During delivery

      Distance   from   Pick-Up   to Recipient Address

      30 minutes

      The first 2 Kilometer

      10 minutes

      Every succeeding Kilometer

      In the event that the Merchant encounters an issue in real time, they have the right to do the following:

      1. Contact GRAB Viber group for immediate feedback. However, GRAB can change the feedback channel provided GRAB informs Merchant one (1) week before migration;
      2. Cancel the ride if the option is still available;
      3. If the parcel has already been delivered under circumstances covered in Section 2.1, the End User may request the rider to return to the pick-up location at no additional cost to return goods in question;
      4. Merchant may order another ride to replace the goods in question and will shoulder the cost of the new fare.


      Section 2: Claims


      1. Failure to meet Service Level Agreement, Incorrect Recipient, Loss and Damage— claims of lost or damaged parcels during the delivery must be submitted through the GrabExpress merchant portal via this link below: https://help.grab.com/merchant/en-ph/360038827571-I-want-to-report-a-lost-or-damaged-parcel
      2. Timing of Claims—Claims shall be filed by the appropriate party within twenty-four (24) hours of the time & date of the alleged order. Claims beyond such period shall be deemed invalid.
      3. Claims must be submitted with the following requirements seven (7) calendar days upon successful fling.
      4. GRAB has twenty-four (24) hours to acknowledge receipt of the claim and seven (7) calendar days thereafter to carry out an investigation and appropriate action taken against the rider.
      5. Approved claims shall follow the commercial terms under the Figure 2 under Section 3.

      Section 3: Liability

      1. Merchant and GRAB acknowledge and agree that the risk of loss to goods during transit shall be borne by GRAB once the GRAB rider leaves the pick-up location. The rider shall have the right to inspect each shipment for damage prior to leaving the pick-up location and shall have the right to refuse damaged goods tendered for delivery. In addition, GRAB riders shall note and bring to the attention of the appropriate store personnel at the location any damage detected prior to leaving the pick-up location.
      2. With respect to returnable goods, GRAB shall bear the risk of loss once the GRAB rider leaves the pick-up location where goods are tendered to it on behalf of the Merchant, until such time as the goods reach the ultimate recipient’s destination.
      3. GRAB bears the risk of loss for goods while in transit, GRAB shall arrange for appropriate insurance for such goods in transit, the cost of which shall be deemed to be included in the rates set forth in Figure B.
      4. Both parties shall be liable to either party for any loss or injury to goods caused by the negligence or omissions or failure to act of either party.
      5. GRAB's liability under this agreement shall be limited to the amount in Figure B. In no event will GRAB be liable for special, incidental or consequential damages regardless of its knowledge of the potential for such. GRAB shall not be liable for any loss or damage to the extent such is due to a force majeure event, or an act or default of the Merchant.

      Figure B:


      Philippine Peso (PHP) Value Per Trip

      		 Applicable Insurance Coverage
      Delivery Fare

      The delivery fare of the order with approved claim
      5,000

      Pharmaceutical products, fashion jewelry, bottled beverages, perishable goods, cash and cash-equivalent items for Cash-On-Delivery Transactions
      10,000

      Non-perishable goods, or all other parcel types handed over to its Rider Partners

      2.2 E-Store Payment Gateways.

      1. Creation of Merchant Identification. Upon initial set-up of the Service, Merchant hereby authorizes the use of RTI’s Merchant identification (MID) accounts such as but not limited to GCash, Grab, and Paymongo for the collection of End-User payments on the Merchant’s behalf. Once the Merchant obtains its own MID accounts, proper migration of funds from RTI’s MID accounts to the Merchant’s MID accounts shall be conducted accordingly.
      2. Collection of End User Payment. RTI engages the services of third-party payment gateway providers (each, a “Payment Gateway”) to facilitate the payment of funds between Merchant and Merchant’s End-Users. If agreed on between us, Merchant hereby authorizes RTI to use a Payment Gateway to collect payments from buyers for the purchase of products through Merchant’s E-store (“Gross Purchase Amount”).
      3. As such, Merchant agrees that RTI may hold any Gross Purchase Amount and shall make available and release the Gross Purchase Amount to Merchant on a frequency as agreed on between us.
      4. The Payment Gateway charges a fee for all successful transactions completed on their platforms (the “Payment Gateway Fee”). The Payment Gateway Fee shall be communicated to Merchant in writing and shall be shouldered by Merchant. Following the successful completion of transactions, RTI shall deduct, and Merchant also hereby authorized, the Payment Gateway Fee from the Gross Purchase Amount prior to payout to Merchant.
      5. RTI is not liable for any End-User transactions made through the Payment Gateway, and thus disclaim any and all liabilities for the following situations, among others: (a) failure of End Users to connect to the Payment Gateway in order to process payments, and (b) any rejections or declining of payment methods of End Users by the Payment Gateway.

      2.3 SMS Masking by Third-Party Providers.

      1. A Merchant who avails a Masked Name other than the default masked name of RTI which is “RUSH”, hereby agrees to give consent and be bound to the following Letter of Authorization and Terms and Conditions of the third-party provider:

      This is to confirm that sufficient authority has been given to (m360, Adspark/Globe Telecom, Inc.) its affiliates, partners, agents, and authorized representatives to act as a communications channel to send A2P SMS on its behalf within the indicated time frame below, upon its approval and subject to conditions which (m360, Adspark/Globe Telecom, Inc.) may in its sole discretion opt to impose, to customize the number appearing on the SMS recipient’s phone, making it appear that the SMS was sent by the SID/s listed below as the masked name/s for <Short Name of Company>.

       

      <Short Name of Company> represents and warrants that the SID/s below and any and all title, rights and interest thereto are owned by <Short Name of Company> and that no other person or entity has the right to use or cause the distribution thereof as SIDs. Accordingly, <Short Name of Company>, hereby undertakes that it shall hold m360, Globe Telecom, Inc., its directors, stockholders, officers, employees and agents, free, harmless and indemnified against any and all claims, suits, proceedings, actions, and other demands of third parties claiming title, ownership or any other interest with respect to the use of the SID/s below as Short Name of Company’s masked name, trade name, trademark, domain name, or any name/designation, forwarded to the recipients.

       

      Furthermore, <Short Name of Company> undertakes that it shall at all times comply with applicable laws, rules and regulations relating to the sending of SMS and the use of a masked name in the sending of SMS. Accordingly, <Short Name of Company>hereby undertakes to hold m360 and Globe Telecom, Inc. free, harmless and indemnified against any and all liabilities with respect to such laws, rules and regulations. 

       

      Sender ID

      Purpose of SMS Blast

      Validity Period

      From

      To

      1. 

      		      

      2.

      		      

      3.

      		      

      Notes:

      • Add rows to list more SIDs.
      • A maximum of eleven (11) alphanumeric characters is allowed per SID.
      • Spaces are allowed. Each one (1) space is equivalent to one (1) character. 
      • Both uppercase and lowercase are allowed.
      • Special characters are not allowed.
      • SID must be linked to the company name/brand/identity to identify the SMS sender easily. 
      • Use of common nouns as SIDs will not be allowed. (e.g. Intl_school, local_banks) 
      • SIDs must not be that of any other company or competitor.
      • SIDs must not be derogatory.
      • One (1) message part is 160 characters. Messages with more than 160 characters will be counted per 153 characters per message part.

      Message Template (Optional – See Annex A)


      Kindly provide the copy that commonly goes into your SMS blasts per SID.