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Company: MISMO PH Digital Solutions OPC

Effective Date: January 2026

Last Updated: January 2026

1. ACCEPTANCE OF TERMS

Welcome to MISMO PH Digital Solutions OPC ("MISMO," "we," "us," or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MISMO, governing your access to and use of the MISMO mobile application, website, content, and related services (collectively, the "Platform").

By downloading, accessing, or using the Platform in any manner, you:

  1. Acknowledge that you have read, understood, and agree to be bound by these Terms;

  2. Represent that you are at least eighteen (18) years old and have the legal capacity to enter into a contract in the Philippines;

  3. Agree to comply with all applicable laws and regulations.

If you do not agree to all of these Terms, you are expressly prohibited from using the Platform and must discontinue use immediately. These Terms supplement and incorporate by reference our Privacy Policy, Cookie Policy, and any other policies or guidelines posted on the Platform.

2. DEFINITIONS

  • Platform: The MISMO technology ecosystem, including the mobile application, website, software, servers, and all related services.

  • User: Any individual or entity that accesses or uses the Platform, categorized as:

    • Customer: A user who requests and pays for Services.

    • Service Provider/Rider: An independent contractor who uses the Platform to provide delivery, transportation, or other enabled services.

    • Merchant: A business entity that lists and sells products or services through the Platform.

  • Service(s): Any service facilitated through the Platform, including but not limited to delivery, transportation, shopping, and other local services.

  • Content: Any data, text, graphics, images, audio, video, software, and other materials made available through the Platform.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To use most features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You may not register on behalf of another person, impersonate any person or entity, or use a false identity.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify MISMO of any unauthorized use of your account or any other breach of security. MISMO will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3.3 Account Suspension and Termination

MISMO reserves the right, at its sole discretion, to suspend, deactivate, or terminate your account and access to the Platform at any time, for any reason, including but not limited to:

  • Violation of these Terms;

  • Fraudulent, abusive, or illegal activity;

  • Prolonged inactivity;

  • Requests by law enforcement or other government agencies.

4. NATURE OF THE PLATFORM AND RELATIONSHIPS

4.1 Platform as a Technology Facilitator

MISMO is a technology service provider that operates a digital platform connecting Users. MISMO does not provide delivery, transportation, or logistics services itself and is not a carrier, courier, taxi service, or merchant. The actual Services are performed by independent third-party Service Providers (Riders) and Merchants. MISMO is not a party to any contract for services between Customers, Riders, and Merchants.

4.2 Independent Contractor Status of Riders

Service Providers/Riders are independent contractors, not employees, agents, or joint venturers of MISMO. Riders have full discretion over when, where, and for how long they utilize the Platform. MISMO does not control the manner, methods, or means by which Riders perform Services, beyond establishing certain safety, quality, and eligibility criteria within the Platform.

4.3 Merchant Relationships

Merchants are independent businesses responsible for the quality, description, pricing, and fulfillment of their products and services. MISMO acts as a disclosed agent for Merchants in facilitating transactions but is not responsible for merchant inventory, food preparation, or product quality.

5. USER RESPONSIBILITIES AND CONDUCT

5.1 General User Obligations

All Users agree to:

  • Use the Platform only for lawful purposes and in accordance with these Terms.

  • Not use the Platform to cause nuisance, annoyance, inconvenience, or property damage.

  • Not engage in any activity that interferes with or disrupts the Platform's infrastructure.

  • Not attempt to gain unauthorized access to any part of the Platform or other users' accounts.

5.2 Customer Responsibilities

  • Provide accurate delivery/pick-up locations and contact information.

  • Be present and available to receive deliveries or services at the agreed time and place.

  • Treat all Riders and Merchants with respect. Harassment, abuse, or violence will result in immediate account termination and may be reported to authorities.

  • Pay for Services rendered via the approved payment methods.

5.3 Rider/Service Provider Responsibilities

  • Possess all necessary licenses, permits, registrations, and insurance required by Philippine law to perform the Services (e.g., valid driver's license, vehicle registration, third-party liability insurance).

  • Maintain the vehicle or equipment used for Services in safe, clean, and good working condition.

  • Perform Services in a professional, safe, and timely manner.

  • Comply with all applicable traffic laws and regulations.

  • Not engage in discriminatory conduct toward any User.

  • Handle all items with reasonable care. Riders are liable for loss or damage to items caused by their negligence.

5.4 Merchant Responsibilities

  • Accurately represent products/services, including descriptions, images, prices, and availability.

  • Prepare and package items in a manner suitable for safe delivery.

  • Comply with all health, safety, and business regulations applicable to their trade.

  • Honor all promotions, prices, and terms advertised on the Platform.

  • Resolve customer complaints regarding product quality directly with the Customer.

6. PAYMENTS, FEES, AND TAXES

6.1 Pricing and Charges

  • Customers pay the price listed for products/services, plus applicable delivery/service fees, taxes, and any tips for Riders, as displayed before order confirmation.

  • MISMO may employ dynamic pricing during peak demand periods, which will be clearly communicated.

  • MISMO reserves the right to change its fee structure at any time. Continued use after such changes constitutes acceptance.

6.2 Payment Processing

  • All payments are processed securely through third-party payment gateways.

  • By providing a payment method, you authorize MISMO and its payment processors to charge the total amount due.

  • For contested charges, you must contact MISMO Customer Support within twenty-four (24) hours of transaction completion.

6.3 Earnings and Payouts for Riders

  • Riders receive the fee for completed Services, net of MISMO's service commission, as detailed in the separate Rider Agreement.

  • Payouts are processed according to the schedule and method selected by the Rider within the Platform.

  • Riders are solely responsible for declaring and paying all applicable income taxes on their earnings.

6.4 Refunds

Refund requests are evaluated on a case-by-case basis. General refund scenarios include:

  • Order not fulfilled by the Merchant.

  • Significant error in the order prepared (wrong items, severe quality issues).

  • Rider fails to complete the delivery without valid cause.

    Refunds, if approved, will be issued to the original payment method within five (5) to ten (10) business days.

7. INTELLECTUAL PROPERTY RIGHTS

The Platform, including its entire content, features, and functionality (including but not limited to all software, text, logos, and graphics), is owned by MISMO or its licensors and is protected by Philippine and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Platform, nor may you reverse engineer or attempt to extract the source code of the software.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 "As Is" Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MISMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Service and Availability Disclaimer

MISMO DOES NOT GUARANTEE THE AVAILABILITY, QUALITY, SAFETY, OR LEGALITY OF ANY SERVICES PROVIDED BY RIDERS OR MERCHANTS. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY PHILIPPINE LAW, MISMO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR USE OR INABILITY TO USE THE PLATFORM;

  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING RIDERS AND MERCHANTS) ON THE PLATFORM;

  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;

  • STATEMENTS OR CONDUCT OF ANY USER.

IN NO EVENT SHALL MISMO'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT OF SERVICE FEES YOU HAVE PAID TO MISMO IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MISMO and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Platform;

  • Your violation of any term of these Terms;

  • Your violation of any third-party right, including any intellectual property, privacy, or property right;

  • Any claim that your Content caused damage to a third party;

  • Your interaction with any other User.

10. DISPUTE RESOLUTION AND GOVERNING LAW

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law principles.

10.2 Mandatory Negotiation

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof, the parties agree to first attempt to settle the dispute amicably through good-faith negotiation for a period of thirty (30) days.

10.3 Arbitration

If negotiation fails, the dispute shall be referred to and finally resolved by arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI). The seat of arbitration shall be Tacloban City, Philippines. The arbitration award shall be final and binding on both parties.

10.4 Class Action Waiver

YOU AND MISMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. MODIFICATION AND TERMINATION

MISMO reserves the right, at its sole discretion, to modify, suspend, or discontinue the Platform (or any part thereof) at any time, with or without notice. We may also modify these Terms from time to time. We will provide notice of material changes via the Platform or by email. Your continued use of the Platform after such modifications constitutes your acceptance of the new Terms.

You may terminate your account at any time by contacting customer support. MISMO may terminate or suspend your access to the Platform immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

12. GENERAL PROVISIONS

  • Force Majeure: MISMO shall not be liable for any failure to perform its obligations hereunder where such failure results from acts beyond its reasonable control (e.g., natural disasters, war, strikes, government actions).

  • Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

  • Entire Agreement: These Terms, together with the Privacy Policy and referenced documents, constitute the entire agreement between you and MISMO regarding the use of the Platform.

  • No Waiver: MISMO's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

  • Assignment: You may not assign or transfer these Terms or your account without MISMO's prior written consent. MISMO may assign its rights and obligations under these Terms without restriction.

  • Notices: Notices to you may be sent via email, SMS, or push notification to the contact information associated with your account.

13. CONTACT INFORMATION

For questions about these Terms or the Platform, please contact us at:

MISMO PH Digital Solutions OPC

Tacloban City Leyte

Email: legal@mismo.ph

Customer Support Hotline: Number

Operating Hours: 8:00 AM - 5:00 PM