Rider Policy

Company: MISMO PH Digital Solutions OPC

Agreement Version: 1.0.1

Effective Date: January 2026

Last Updated: January 2026

This Rider Partner Agreement ("Agreement") is a legally binding contract between MISMO PH Digital Solutions OPC ("MISMO," "we," "us," "our") and the independent contractor ("Rider," "you," "your") using the MISMO platform to provide delivery services. By registering, you acknowledge you are NOT an employee, but an independent business partner.

1. INDEPENDENT CONTRACTOR STATUS

1.1 Explicit Contractor Relationship: You are an independent contractor providing delivery and logistics services. No employment, agency, joint venture, or partnership relationship exists. You are solely responsible for your own business operations, taxes, and legal compliance.

1.2 Control and Autonomy: You have complete control over:

• When, where, and how long you log into the Platform to receive requests.

• The specific delivery requests you accept or decline.

• The routes you take to complete deliveries.

• The equipment (vehicle, smartphone, gear) you use.

• Whether to engage other personnel to assist you (who will be your own subcontractors, for whom you are solely liable).

  MISMO does not supervise, control, or set your work hours or methods beyond the safety and service standards outlined herein.

1.3 Tax Responsibility: You are responsible for all taxes on your earnings. MISMO will not withhold income tax, social security (SSS), PhilHealth, or Pag-IBIG contributions. You must register as self-employed with the BIR, obtain a Certificate of Registration, and issue official receipts for your services. MISMO will provide an annual summary of your earnings for tax filing.

2. MANDATORY QUALIFICATIONS AND LICENSES

Failure to maintain valid compliance with ALL items below constitutes immediate grounds for deactivation.

2.1 Personal Documentation:

• Government-issued ID (Passport, PhilID, Driver's License)

• Tax Identification Number (TIN)

• NBI Clearance (updated annually)

• Proof of current address

2.2 Land Transportation Office (LTO) Compliance (For Motor Vehicles):

• Valid Professional Driver's License (PDL) with appropriate restriction codes for the vehicle used. Non-professional licenses are strictly prohibited for commercial delivery activity.

• Valid Certificate of Registration (CR) and Official Receipt (OR) for the vehicle, both current and in your name or with notarized authorization from the owner.

• Valid Third-Party Liability (TPL) Insurance from an LTO-accredited insurer, with minimum coverage as required by law.

• Valid Motor Vehicle Inspection Report (MVIR) from an LTO-accredited inspection center.

• Compliance with all LTO regulations, including anti-smoke belching standards.

2.3 For Bicycle Riders:

• Government-issued ID.

• Registration of bicycle with the local barangay if required by ordinance.

• Proof of helmet ownership.

2.4 Vehicle Safety Standards:

• Vehicle must be in good mechanical condition (brakes, lights, horn, tires).

• For motorcycles: Helmet for rider and passenger must be LTO/ICC-marked.

• No visibly damaged or unsafe vehicles permitted.

3. INSURANCE AND ACCIDENT PROTOCOL

3.1 Mandatory Insurance: You must maintain, at your sole expense:

• Comprehensive third-party liability insurance with a reputable provider.

• Personal Accident Insurance covering disability and death.

• Insurance for your vehicle against theft and damage.

  MISMO PROVIDES NO INSURANCE COVERAGE FOR YOU, YOUR VEHICLE, OR YOUR PASSENGERS. You operate at your own risk.

3.2 Accident Protocol:

• First Priority: Ensure safety. Assist injured persons and call emergency services (117) if needed.

• Second Priority: Report to authorities. File a police report (Blotter) for any accident involving injury or significant property damage.

• Third Priority: Notify MISMO. You must report any accident occurring during a delivery activity to the Rider Support Line within 1 hour, regardless of fault. Failure to report promptly may result in deactivation.

• Fourth Priority: Documentation. Take clear photos of the scene, vehicles involved, damages, and relevant documents (licenses, insurance).

• Liability: You are solely financially and legally liable for all damages, injuries, or losses resulting from an accident you are involved in, including those caused to Customers, Merchants, third parties, or property. MISMO will not indemnify you.

4. TRAINING AND ONBOARDING REQUIREMENTS

4.1 Mandatory Platform Training: You must complete the MISMO Rider Training Program prior to your first delivery. This covers:

• Platform app operation (accepting orders, navigation, payment processing).

• Customer service standards and etiquette.

• Safety and security protocols.

• Food handling basics (for food delivery).

• Data privacy guidelines.

4.2 Safety and Defensive Driving Training: You are strongly recommended to complete an accredited Defensive Driving Course. MISMO may provide information on third-party providers but does not conduct or certify this training.

4.3 Ongoing Compliance: You are responsible for staying updated on all changes to traffic laws, local ordinances, and Platform policies through official communications in the Rider App.

5. OPERATIONAL RULES AND SERVICE STANDARDS

5.1 Service Conduct:

• Professionalism: Be courteous to Customers, Merchants, and the public. Wear clean, presentable attire.

• No Discrimination: Do not refuse service based on race, religion, gender, disability, or location.

• No Harassment: Any form of harassment will result in immediate, permanent deactivation and may be reported to authorities.

• Sobriety: You must be completely sober while using the Platform. Zero tolerance for alcohol or drug use.

5.2 Delivery Protocol:

• Order Verification: Confirm the order code with the Merchant upon pickup and with the Customer upon delivery.

• Care of Goods: Handle all items with reasonable care to prevent damage, spillage, or temperature compromise. Use provided thermal bags for food.

• Timeliness: Proceed directly to destinations after pickup without undue delay.

• Unsuccessful Delivery: Follow the Platform's procedure for failed deliveries (attempt contact, wait time, return to merchant if instructed). Do not dispose of items unless authorized.

5.3 Prohibited Activities:

• Using multiple accounts or allowing another person to use your account.

• Soliciting or accepting cash payments outside the Platform's COD system.

• Subcontracting a delivery to another rider without Platform authorization.

• Carrying unauthorized passengers during a delivery trip.

• Violating any traffic law, including speeding, illegal parking, and ignoring traffic signs.

6. FEES, EARNINGS, AND PAYMENTS

6.1 Earnings Structure: Your earnings per delivery consist of:

• A base fee calculated by distance and time.

• Any applicable promotions or incentives.

• 100% of Customer tips.

  MISMO deducts a Platform Service Fee (a percentage of the total Customer payment) for use of the technology, marketing, and payment processing.

6.2 Payment Schedule: Earnings are accumulated and paid out weekly via bank transfer or accredited cash-out partner. A detailed statement is available in your Rider Portal.

6.3 Expenses: You bear all expenses, including fuel, maintenance, repairs, insurance, mobile data, and any parking or toll fees.

7. INTELLECTUAL PROPERTY AND DATA

7.1 Platform License: MISMO grants you a limited, non-exclusive, revocable license to use the Rider App solely for providing services under this Agreement.

7.2 Data Privacy: You will have access to Customer personal data (name, address, phone number) only for the purpose of completing the specific delivery. You must not record, store, share, or misuse this data. Violation is a serious breach of the Data Privacy Act and will result in deactivation and potential legal action.

8. TERMINATION AND DEACTIVATION

8.1 Term at Will: This Agreement has no fixed term. Either party may terminate it at any time, with or without cause, by providing notice.

8.2 Immediate Deactivation by MISMO: MISMO may deactivate your access to the Platform immediately for reasons including, but not limited to:

• Breach of any term of this Agreement.

• Fraud, theft, or dishonest activity.

• Receipt of multiple valid complaints.

• Involvement in a serious accident due to recklessness.

• Loss of required licenses or insurance.

• Actions harming MISMO's reputation.

8.3 Effect of Termination: Upon deactivation, all licenses granted to you cease. You will receive your final earnings payout, minus any legitimate deductions (e.g., for damages, outstanding fees).

9. LIABILITY WAIVER AND INDEMNIFICATION

9.1 Your Assumption of Risk: You acknowledge that delivery services involve inherent risks, including traffic accidents, crime, and injury. You voluntarily assume all such risks.

9.2 Release of MISMO: To the fullest extent permitted by law, you release MISMO, its directors, officers, employees, and agents from any and all liability, claims, demands, or damages arising from your use of the Platform, your provision of services, or any accident or incident you are involved in.

9.3 Your Indemnity to MISMO: You agree to defend, indemnify, and hold harmless MISMO from any and all claims, damages, losses, and expenses (including legal fees) arising from: (a) your breach of this Agreement; (b) your negligent or willful acts; (c) your violation of any law; (d) any accident you are involved in; (e) any dispute with a Customer or Merchant.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law: This Agreement is governed by the laws of the Republic of the Philippines.

10.2 Mandatory Arbitration: Any dispute shall be resolved through binding arbitration in Tacloban City under the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI). YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

11. RIDER SUPPORT AND CONTACTS

For Operational Support:

Rider Hotline: [Insert Dedicated Rider Support Number]

In-App: Support Chat within Rider App

Email: [ridersupport@mismo.ph]

For Emergency (Accident/Safety):

Emergency Hotline: [Insert 24/7 Emergency Line]

Always call 117 (PNP) or 911 (NDRRMC) first in case of life-threatening emergencies.

DECLARATION OF INDEPENDENT CONTRACTOR STATUS AND ACKNOWLEDGMENT

I, THE RIDER, HEREBY ACKNOWLEDGE AND AGREE THAT:

• I am an independent contractor, not an employee of MISMO.

• I am responsible for my own taxes, licenses, insurance, and expenses.

• I have read and understood all LTO and legal requirements and confirm I am in full compliance.

• I operate at my own risk and release MISMO from liability for accidents, injuries, or losses.

• I have read this entire Agreement and accept all its terms without reservation.

RIDER SIGNATURE (Digital Acceptance via Platform): _________________________

FULL NAME (Printed): _________________________

DATE: _________________________