Terms of Service

1.These Terms

These Terms of Service (the “Terms”) are an agreement between you and Hatud (“Hatud”, “we”, “us”), which runs the Hatud website at hatud.ph and the Hatud apps for passengers, drivers, operators and merchants (together, the “Services”). Hatud is based in Kidapawan City, Cotabato, Philippines.

You accept these Terms when you create a Hatud account, or when you use the Services after they have been shown to you. Accepting electronically binds you just as signing a paper agreement would, under the Electronic Commerce Act of 2000 (Republic Act No. 8792). If you don’t agree, please don’t use the Services.

Some features come with extra terms that we show you before you use them, such as a beta program or a promotion. For that feature, the extra terms apply where they differ from these Terms.

When these Terms change

We may update these Terms as Hatud grows or the law changes. For an important change, we tell you in the app or by email at least fifteen (15) days before it takes effect, unless the law requires it sooner or it is needed right away to keep people safe. If you keep using the Services after a change takes effect, the updated Terms apply. If you don’t agree with a change, you can close your account at any time.

2.What Hatud is

Hatud is a technology platform. Our apps let passengers request tricycle rides from drivers and operators who run their own tricycles under a franchise issued by the local government (a Motorized Tricycle Operator’s Permit, or MTOP), and, as other services open, order from local shops.

Hatud does not own or operate tricycles, does not hold any tricycle franchise, and does not employ the drivers who use Hatud. When you take a ride, you are carried by the driver and operator of that tricycle under their franchise, and they are responsible under the law for carrying you safely.

Hatud is responsible for running the platform with care. That means we:

• check drivers’ licenses, tricycle registration and franchise papers before they can take requests, and again each time they are renewed;
• show the fare before you book, and keep a record of every trip;
• look into every safety report and act on what we find;
• give you a way to reach a person at Hatud; and
• work with the authorities when the law requires it or someone’s safety is at risk.

Nothing in these Terms reduces a carrier’s responsibility for the safety of its passengers, which Article 1757 of the Civil Code says cannot be reduced, or Hatud’s responsibility for its own acts.

3.Who can use Hatud

To create a Hatud account you must be at least 18 years old and able to enter into a binding agreement. A minor may ride when an adult with a Hatud account books the ride for them and takes responsibility for the booking.

You can sign up with your email address and a password, or with Google, Facebook or Apple where the app offers them. To book a ride you also need a confirmed email address and a Philippine mobile number.

• Give true, complete details and keep them up to date.
• Keep one personal account. Don’t share, lend, sell or transfer it.
• Keep your sign-in details secret, and tell us right away if you think someone else has used your account. You are responsible for what happens on your account, unless it happened because we failed to protect it.

Every account has a Hatud ID, which the people you ride or work with can see so that everyone knows who they are dealing with.

Verifying your account

Passengers can verify their account with a live face check and their date of birth; adding an ID is optional. A person on our team reviews each check: we don’t use automated face matching. Accounts that aren’t verified can still book rides, with a few safety limits: no rides between 10 PM and 5 AM, no cash orders over ₱1,000, and no sending Express parcels. Our Privacy Notice explains how we handle verification data. Drivers and merchants have extra requirements, set out in sections 9 and 11.

4.Services at launch

Hatud starts in Kidapawan City with tricycle rides of two kinds, for up to four riders per booking:

• Regular: a shared ride. Other passengers going your way may ride in the same tricycle.
• Pakyaw: the whole tricycle for you and the people riding with you.

Rides are available within the service area shown in the app (at launch, about 15 kilometers around Kidapawan City). We may limit where, when and how the Services are available. Other services, such as Tricycle Later (booking ahead), Food, Mart, Pabili, Express and local shops, are marked “Coming soon”. Some may first open to people we invite to test them. Test features are offered as they are, may change or stop, and may come with extra terms.

5.Booking and taking a ride

1. Choose your pickup point, your destination, how many are riding and Regular or Pakyaw. The app shows the fare, and any discount, before you confirm. A quoted fare holds for 5 minutes.
2. We offer your request to available drivers near your pickup point, and the first to accept takes it. If no driver accepts within about two minutes, the search ends and you can try again.
3. Once a driver accepts, you see their first name, Hatud ID, photo and rating, the tricycle’s body, plate and MTOP numbers, and which of the driver’s documents we have checked. During the trip you can see where the driver is, and you can call each other.
4. Before you board, check that the tricycle matches what the app shows, and give the driver your 6-digit pickup code. Don’t board a different tricycle.
5. If you booked for people riding with you, the driver checks at pickup who is there. For a Regular ride, the fare follows the people who actually ride; a Pakyaw price stays the same.

Arrival and travel times in the app are estimates. Traffic, weather and road conditions can change them.

6.Fares, discounts and payment

The fare is a fixed price, worked out before you book from the road distance of your trip: a base fare that covers the first kilometer, plus a rate for each kilometer after that, for each rider. The app shows it, with any discount, before you confirm, and it is the most you pay. It can go down, for example if a companion doesn’t ride or the trip ends early, but it never goes up. A driver may not ask you to pay more than the app shows; if one does, you don’t have to pay it, and please tell us.

We set our rates in line with the tricycle fares the local government allows. If you ever pay more than the fare the local government allows for your trip, tell us and we will refund the difference.

Pakyaw

For Pakyaw, you offer a price for the whole tricycle: at least the total Regular fare for your group, and no more than the maximum the app shows. A driver may accept your offer or pass on it. Once a driver accepts, the price stays the same for the trip.

Discounts

Hatud gives students, senior citizens and persons with disabilities a 20% discount on Regular fares, in line with the fare discounts Philippine law grants them on public transport. Show a valid ID to the driver at pickup. If the ID can’t be checked, the app asks the person who booked to approve the regular fare instead. Discounts don’t apply to a Pakyaw price you set yourself; book a Regular ride to get your discount.

Paying

At launch, you pay in cash: pay the driver the fare shown at the end of the ride, and the driver records it in the app. If the amount recorded doesn’t match what you paid, you can dispute it in the app within 7 days.

When online payment (such as GCash or Maya) opens, you will pay when you book, through a licensed payment provider; Hatud never sees or stores your full card or e-wallet details. If the ride is cancelled or no driver is found, you get all your money back, and if the final fare is lower than what you paid, you get the difference back.

If you think you were charged the wrong amount, tell us through Help in the app. We check the trip record, and if a mistake was made, we put it right.

7.Cancelling and ending a ride early

Cancelling is free. You can cancel while we are finding a driver, after a driver accepts, or after the driver arrives. A driver may also cancel before the ride starts, for example if you haven’t come within 5 minutes of their arrival; you are not charged when that happens.

Once a ride has started, it can’t be cancelled, but it can be ended early. You then pay only for the distance actually travelled, worked out from the trip’s location record, and never more than the fare you booked. If a ride ends early because of a problem, tell us: our team reviews it and can lower or waive the fare.

8.Riding safely and respectfully

As a passenger, you agree to:

• be at the pickup point on time, and treat the driver and other passengers with respect;
• keep to the number of riders you booked (up to four) and what the tricycle may lawfully carry, and follow the driver’s lawful safety instructions;
• not bring illegal items, weapons, explosives, or flammable or hazardous materials, and not smoke or vape in the tricycle (smoking in public vehicles is against the law);
• not ask the driver to break traffic rules or local ordinances, such as overloading, speeding, or using roads where tricycles aren’t allowed, like national highways;
• look after children riding with you, and bring an animal only if the driver agrees; and
• pay for damage you cause to the tricycle, beyond normal wear.

9.Driving with Hatud

What you need

• a valid driver’s license from the Land Transportation Office (LTO) that allows you to drive a tricycle for hire;
• your tricycle’s current LTO registration (OR/CR), with the compulsory third-party liability (CTPL) insurance that registration requires;
• a valid franchise (MTOP) from the local government that covers where you operate, and, if you are not the franchise holder, the operator’s permission to drive the tricycle with Hatud. You can apply before your MTOP is checked, but you can’t take rides until it is;
• a recent photo of yourself, your tricycle’s body number and, if it has one, its plate number;
• any optional documents you choose to add, such as an NBI or police clearance or passenger accident insurance; and
• a tricycle in safe, roadworthy condition, marked as your franchise requires.

We check each document before you can take requests, and again when you renew it, and we remind you 30 days before one expires. If your license or OR/CR expires, all requests pause; if your MTOP expires, ride requests pause; they resume once you renew. Giving false documents gets your account removed for good and may be reported to the authorities, because falsifying documents is a crime.

You run your own work

You are an independent driver or operator. You choose when to go online and which requests to accept, and you may also take passengers on your own or work with other apps. Deliveries and Express stay off until you choose to turn them on. These Terms don’t make you Hatud’s employee, partner, agent or franchisee. You are responsible for your own taxes, including registering with the Bureau of Internal Revenue where the law requires, and for your own SSS, PhilHealth and Pag-IBIG contributions.

While you are online or on a job, the driver app shares your location with Hatud every few seconds, so we can offer you nearby requests and passengers can see you coming. Hatud doesn’t collect your location while you are offline.

How you drive

• Follow traffic laws and the ordinances of the city or town where you operate, including franchise zones, routes and passenger limits.
• Never drive under the influence of alcohol or drugs (Republic Act No. 10586).
• Use the Hatud app only in the way the Anti-Distracted Driving Act (Republic Act No. 10913) allows: with your phone mounted outside your line of sight and hands-free. Stop safely before you tap or type.
• Only you may drive with your account. Don’t let anyone else use it.
• Take the route the passenger asks for or the app suggests, charge only the fare the app shows, give the discounts the app applies, record the cash you receive truthfully, and give correct change.
• Return anything a passenger leaves behind, through the app.

Passengers’ personal details

You see some personal details of passengers, such as their first name and, during a live trip, their mobile number, so you can complete the trip. Use them only for that trip. Don’t contact passengers afterwards for anything else, don’t keep or share their details, and don’t record them without their knowledge and consent, which the law also forbids (Republic Acts No. 4200 and 9995). Misusing personal data can also be a crime under the Data Privacy Act of 2012.

If we pause or remove your account

We may pause or remove your access if you break these Terms or the law, if your documents expire or can’t be checked, or if there is a serious safety concern. Except when safety or the law requires us to act at once, we tell you the reason first and give you a chance to explain. Whatever the case, we tell you the outcome, and you can ask for a person at Hatud to review the decision.

10.Driver fees and your Hatud balance

Hatud charges a service fee (commission) of 10% of each fare, and of each delivery or Express fee when you do those. The driver app shows the current rate and how each amount was worked out. We give you at least fifteen (15) days’ notice before raising the rate.

Your Hatud balance

On a cash trip you collect the whole fare, so you owe Hatud its fee. Pay your balance to the official GCash, Maya or bank account of Hatud shown in the app, then enter the reference number and a photo of the receipt; our finance team confirms it. If you owe ₱20 or more from earlier days, new requests pause until you pay. Pay only to the accounts shown in the app: Hatud staff will never ask you to pay into a personal account.

Payouts

When online payment opens, Hatud will collect fares paid online and pay your share to the payout account you have verified, in amounts of at least ₱100. A new or changed payout account takes effect after 24 hours, to protect you from fraud.

Hatud issues official receipts or invoices for its fees, as tax law requires.

11.Shops, deliveries and Express

Food, Mart, local shops and Express are not open to the public yet. When they open, or when you join one as an invited tester, these terms apply.

Selling on Hatud

• Hold the permits and registrations the law requires for your business, such as a business permit or barangay clearance, BIR registration, a sanitary permit and, where needed, an FDA license, and give us your true business details. The Internet Transactions Act of 2023 (Republic Act No. 11967) requires online merchants to identify themselves. One shop per account.
• List your goods honestly: accurate names, descriptions, prices and availability. Mark items sold out when they are.
• You are responsible for the goods you sell, including their safety and quality, and for buyers’ rights under the Consumer Act of the Philippines (Republic Act No. 7394) and the Internet Transactions Act.
• Prepare orders on time and hand them over complete. For a cash order, the driver pays you for the items at pickup and collects the total from the customer at the door. Missing or wrong items are refunded through the app.
• Hatud charges a commission of 10% of the value of items sold through Hatud, shown in your merchant workspace before you publish your listing. It is due 7 days after the sale; while an amount is overdue, new orders pause.

We may remove listings that break the law or these Terms, or that are reported to us as unsafe, as the law expects of online marketplaces.

Sending with Hatud Express

Don’t send cash or valuables, items worth more than ₱5,000, live animals, fuel or other hazardous items, or anything illegal. You are responsible for what is inside and for describing it truthfully, and the driver may refuse a parcel that seems to break these rules. The fee depends on the distance and the size of the parcel and is shown before you book; the sender pays at pickup or online, or the recipient pays in cash at the door. A handoff code confirms delivery.

12.Community standards

Passengers, drivers, operators and merchants must not:

• harass, threaten, hurt or intimidate anyone, including sexual harassment and catcalling in vehicles or online, which the Safe Spaces Act (Republic Act No. 11313) punishes;
• discriminate against anyone because of sex, sexual orientation, gender identity or expression, religion, ethnicity, disability, age or similar reasons. Drivers may not refuse a passenger for any of these reasons;
• use or carry illegal drugs, or ride or drive under the influence;
• bring weapons, explosives or other dangerous items on a trip;
• cheat: fake trips or orders, false reports, faking a location, using someone else’s account, or misusing promotions or refunds;
• misuse anyone’s personal data, for example by contacting them outside a trip or order, sharing their details, or recording them without consent;
• break the law, or ask someone else to break it; or
• interfere with the Services, for example by hacking, scraping, using bots, overloading our systems or reverse engineering our apps, or do anything else the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) prohibits.

If someone breaks these standards, we may warn them, limit what they can do, or suspend or remove their account. Where a crime may have been committed, we may report it and share information with the authorities, as the law allows.

13.Emergencies, reports and lost items

In an emergency, call 911 first. Then tell us through Help in the app. The SOS button in the app records your location and the trip so our team can follow up, but it does not contact the police or an ambulance.

Our team looks into every report. We may look at the trip record, talk to the people involved and limit accounts while we check. We don’t tolerate retaliation against anyone who reports in good faith.

Tricycles must carry compulsory third-party liability insurance; claims after an accident go to the operator’s insurer. When the law allows, we provide the trip records a claim or an investigation needs.

If you leave something in a tricycle, report it through Help and we will put you in touch with the driver. Items you leave behind remain your responsibility, but we will do our best to help you get them back.

14.Ratings, reviews and messages

After a trip, you can rate your driver from 1 to 5 stars and add a comment. Ratings and comments must be honest, about your own experience, and free of insults and of other people’s personal details. We may remove ones that break these Terms.

Rides have no chat in the app: you and your driver can call each other during the trip, so each of you sees the other’s mobile number while the ride is live. Use it only for that trip. Orders and parcels have chats in the app for arranging them. We may read these chats when we look into a report or when it is otherwise needed to run the Services safely, as our Privacy Notice explains.

You keep ownership of what you write and upload. You give Hatud a free, non-exclusive license to store, use and show it to run and improve the Services, for as long as we keep it under our Privacy Notice.

15.Hatud's name and apps

The Hatud name and logo, our apps, designs and content belong to Hatud or the people who licensed them to us, and are protected by the Intellectual Property Code of the Philippines (Republic Act No. 8293). We give you a personal, limited license to use the Services for their intended purpose. You may not copy, change, sell or reverse engineer them (except as the law allows), use our name or logo without permission, or make anything that looks like it comes from Hatud when it doesn’t.

If you send us ideas or suggestions, we may use them without owing you anything.

16.Your privacy

Our Privacy Notice explains what personal data we collect, why we collect it, how long we keep it, and your rights under the Data Privacy Act of 2012 (Republic Act No. 10173). Please read it.

17.Availability and beta features

We work to keep the Services available and accurate, but they can be interrupted by maintenance, network or power problems, or events beyond our control. We may change or stop features; for an important change, we tell you beforehand. Features marked as beta or test are provided as they are and may change or end.

We don’t promise that a tricycle will always be available, or that a trip will take a given time.

18.Responsibility for loss or damage

Hatud is responsible for its own acts and for running the Services with the care the law requires. Drivers, operators, merchants and other users are responsible for their own acts.

As far as the law allows, Hatud is not responsible for:

• loss or damage caused by drivers, operators, merchants or other users, unless our own breach or negligence caused or added to it;
• events we could not have foreseen or avoided, such as typhoons, floods, earthquakes, fires, widespread power or network failures, or government action (Article 1174 of the Civil Code); or
• indirect losses, such as lost income or opportunities, that we could not reasonably have foreseen.

For claims not excluded in the next paragraph, Hatud’s total liability to you is limited to the greater of the fees you paid to Hatud in the six (6) months before the claim arose (fares paid to drivers don’t count), or five thousand pesos (₱5,000).

None of these limits apply to liability for fraud, bad faith, gross negligence or willful misconduct; for death or personal injury caused by our negligence; for a carrier’s responsibility for the safety of passengers; for rights the Consumer Act and other laws say cannot be waived; or for anything else the law does not allow to be limited.

19.If you cause a claim against Hatud

If you break these Terms or the law, or harm someone through your use of the Services, and that leads to a claim against Hatud, you will compensate Hatud for the resulting loss, including reasonable lawyer’s fees, to the extent you caused it. We will tell you about the claim promptly and, where the law allows, let you take part in the defense.

20.Suspending or closing an account

You can close your account at any time in the app or by contacting us. Please settle anything you owe first, such as an unpaid fare or a driver balance. Our Privacy Notice explains what we keep after an account is closed, and for how long.

We may suspend or close an account if its holder breaks these Terms or the law, puts others at risk, commits fraud, or if the law requires it. Except when safety or the law requires us to act at once, we tell you the reason first and give you a chance to respond; you can ask for a person at Hatud to review the decision.

The parts of these Terms that by their nature should last after an account closes, such as amounts owed, responsibility for loss, and how disputes are settled, continue to apply.

21.Complaints, disputes and the law

If something goes wrong, contact us first through Help in the app or at support@hatud.ph. We will look into it and try to settle it fairly within thirty (30) days.

You can also go to the authorities at any time, for example:

• the City Government of Kidapawan, which franchises and regulates tricycles, about how a tricycle is operated;
• the Department of Trade and Industry, about goods or services you bought;
• the National Privacy Commission, about your personal data; and
• the police (call 911), about a crime.

A dispute between individuals who live in the same city or municipality may first need to go through barangay conciliation, as the Local Government Code requires.

These Terms are governed by the laws of the Republic of the Philippines. If we can’t settle a dispute, either of us may go to court. Unless the law gives you the right to file somewhere else, cases go to the proper courts of Kidapawan City. Claims of up to one million pesos (₱1,000,000) can be filed under the Supreme Court’s small claims procedure, where you don’t need a lawyer.

22.General terms

• These Terms, with any extra terms shown to you for a feature, are the whole agreement between you and Hatud about the Services.
• If a court finds part of these Terms invalid, the rest still applies.
• If we don’t enforce a right straight away, we haven’t given it up.
• We may transfer these Terms to a business that takes over Hatud, and we will tell you if that happens. You may not transfer your account or these Terms to anyone else.
• We send notices in the app or by email; you can reach us through Help in the app or by email.
• These Terms are written in English, and the English text governs. If anything is unclear, ask us and we will explain it in Filipino, Cebuano or Hiligaynon.
• Headings and the “In short” summaries are there to help you read; the full text is what applies.

23.Contact us

Hatud
Kidapawan City, Cotabato, Philippines
Email: support@hatud.ph
In the app: Help