Please DocuSign PH Contract Both Types (1) P PDF

DocuSign Envelope ID: 80D6FA40-6F7C-4DC9-BC9F-E0A99E35ED71
Application for Servicer Provider Registration 1
‘Food Panda Philippines, Inc.

SERVICE PROVIDER REGISTRATION
THIS DOCUMENT WILL ONLY SERVE AS REGISTRATION A D
FOR SERVICE PROVIDER B E
A SEPARATE SERVICE PROVIDER AGREEMENT WILL BE C
SIGNED IF THE APPLICATION IS ACCEPTED
1. NAME OF APPLICANT (IF APPLIED AS AN INDIVIDUAL SERVICE PROVIDER):
Jeanne Kristiane T. Rojas

I,
, hereby, apply to register as a SERVICER PROVIDER (RIDER) – Pickup & Delivery Service Provider (hereinafter,
PDSP) in FOOD PANDA PHILIPIINES, INC. (hereinafter, Food Panda) to provide Pickup & Delivery Service and
Related Services for Food Panda.
And, I/we am/are trading as a company of particulars below (Fill in below information if AN INDIVIDUAL IS
A SOLE PROPRIETOR or PARTNERSHIP):
Food Panda Philippines, Inc.

Name of Company: _______________________________________________________________________
Pacific Star Building, 29th floor, 1226, Sen. Gil J. Puyat Ave, Bel-Air,
Makati, 1209 Metro Manila
Registered Address: ______________________________________________________________________
123
Business Registration No.: _________________________________________________________________
25-Feb-19 | 7:12 PM PST Jeanne Kristiane T. Rojas
Date Name & Signature
2. PERSONAL INFORMATION IF APPLIED AS SERVICE PROVIDER (THIS FORM IS

NOT FOR EMPLOYEE. IF YOU INTEND TO BE AN EMPLOYEE OF FOOD PANDA,
YOU ARE REQUIRED TO CONTACT WITH PERSONNEL DEPARTMENT FOR
DETAIL PROCEDURES OF APPLICATION.)
Mr./Mrs./Ms./Miss* (Please fill in your full name [surname first] in block letters, as in your valid Philippine passport
or other government-issued I.D..)

_________________________________________________________________
[Surname first]
_________________________________________________________________
Application for Service Provider Registration 1/3

[Other names]
_________________________________________________________________
I.D. No.* : Sex: M / F* Nationality:
DATE OF BIRTH: YR _________ MONTH ________ DAY________
Address for correspondence
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Tel. No. Mobile No.

Home Office (if applicable)
E-mail address Fax No.
3. SUPPORTING DOCUMENTS
Below checklist of document(s) is/are provided to Food Panda (Please tick the box(es):
1. Copy of Driving License(s) (a must to provide; Runner partnership are not required to
provide);
2. Copy/Copies of Vehicle Registration: _________________/_________________
_________________/_________________/________________/_________________ ;
(a must to provide; Runner partnership are not required to provide)
3. Copy of 3rd Party Liability Insurance (a must to provide; Runner partnership are not
required to provide; must for business use if any);
4. Copy of registration with the Bureau of Internal Revenue with necessary information
filled in(a must to provide);
5. Copy of Business Registration and Bank Information or Account (IF AN

INDIVIDUAL IS A SOLE PROPRIETOR)
6. Copy of personal Medical/Health Insurance for persons carrying out delivery & pickup
services (a must to provide)

4. NATURE OF APPLICATION
Applicant, either a company or an individual, acknowledges and understands that he/she/they is/are
regarded as a Rider -operator for service for Food Panda if application is accepted. If an individual
person is applying under his/her name, we strongly recommend the applicant to get a Certificate of
Registration as a Sole Proprietor with the Department of Trade and Industry. .
5. TOOLS & UNIFORM

5.1 Applicant(s) is/are providing all the necessary tools & uniform by himself/herself/themselves when
he/she/they is/are providing their service to Food Panda. The tools and uniform shall be approved by
Food Panda. The specifications of tools & uniform could be obtained from Food Panda at any time
upon request.
5.2 Applicant(s) could also purchase tools & uniform (some of the non-consumables could be rented)
from Food Panda.
6. Bureau of Internal Revenue Registration
Individual applicants are required be registered as self-employed individuals with the Bureau of
Internal Revenue (“BIR”). Under current BIR regulations, individuals who are engaged in
trade/business or the practice of profession shall use BIR Form 1701 in filing their annual income
tax return.
DECLARATION
The undersigned declares that the information provided in support of this application is accurate and
complete. I understand that any misrepresentation will disqualify my application.
Company Stamp:
(FOR SOLE PROPRIETOR or PARTNERSHIP)
Signature
25-Feb-19 | 7:12 PM PST

Date

Declaration by Service Provider 1

Document (E)

I, _____________________________________________, declare that:
I am a service provider and intend to provide ________ scooters to the Food Panda
Philippines, Inc. (hereinafter, the Company), or
I am a service provider offering pick-up and delivery services to Food Panda

Philippines, Inc. (hereinafter, the Company).
I agree that should the Company accept me as a Service Provider, I will throughout hold and
continue to hold the status of a self-employed person and that the arrangement between me and
the Company shall not, in any event or circumstances, constitute or be construed as a
relationship of employer and employee, of principal and agent, of joint ventures or of partners,
or of any other relationship of whatsoever nature, save and except that of independent
contractor. I further acknowledge that I will not be entitled to any benefits offered or to be
offered by the Company to its employees (whether permanent or temporary), including without
limitation, the benefits of any pension scheme, any employer's liability insurance, medical
insurance, life insurance, bonus or commission.
I further acknowledge that below SUPPORTING DOCUMENTS that I provided to the

Company in the Application for Service Provider Registration are solely for the purpose of
applying to become a listed Delivery Service Provider (“DSP”) for the Company but not for any
other purposes:
1. Copy of Driving License(s) ;
2. Copy/Copies of Vehicle Registration: _________________/_________________
_________________/_________________/________________/_________________ ;
3. Copy of 3rd Party Liability Insurance (a must to provide);
4. Copy of registration with the Bureau of Internal Revenue with necessary information
filled in(a must to provide);
5. Copy of Business Registration and Bank Information or Account (IF AN

INDIVIDUAL IS A SOLE PROPRIETOR)
Document (E) 1
Declaration by Service Provider 2

Document (E)
6. Copy of personal Medical/Health Insurance for persons carrying out delivery & pickup
services (a must to provide)
Company Stamp:
(FOR SOLE PROPRIETOR or PARTNERSHIP)
Signature
25-Feb-19 | 7:12 PM PST Date
Document (E) 2
FOODPANDA DELIVERY QUALITY CHARTER

This document is being signed by ______________________________in addition to the Service
Provider Agreement entered into between Food Panda Philippines, Inc. (the “Company”) and
Jeanne Kristiane T. Rojas25-Feb-19 | 7:12 PM PST
_______________________ on _______________ and all terms shall have the same meaning.
It is understood that this document represents the standards expected of the Contractor when
performing services for the Foodpanda brand.
In order to ensure that the Company’s customers enjoy the service they expect there a number of
standards that need to be followed. The following are the key standards of delivery expected from
all Contractors and their sub-ordinate(s), employee(s), substitute(s), agent(s), representative(s)
(hereinafter refer as “Contractors and their Representatives”), and are accepted by Contractors
upon signature below and is legally binding to the Contractors. Contractors acknowledge that the
Company has the unilateral right to amend this document as it deems fit, subject to a prior notice
as stated in Clause 4.
1. Contractors’ Obligations
a. Keep clean and in good condition the enclosures of the vehicle used to transport the orders
and, in particular, in the case of consisting of prepared food, in order to protect foodstuffs
from possible contamination.
b. To solely use the receptacles in the vehicle for transporting food products in order to prevent
them from being contaminated by another type of load, except in the case of separate
enclosures.
c. Ensure an effective separation of the products when the vehicle is used for the transportation
of different types of food products.
d. The Contractors are obliged to allow the Company to inspect enclosures, at any time, in order
to verify compliance with the obligations laid down above.
2. A safe and reliable delivery process
a. Should the delivery Contractor and their Representatives foresee, or be informed, that the
customer order shall be delayed, they shall inform the Company’s customer centre or
operation department immediately in order for the customer to be informed.
b. Delivery Contractor and their Representatives pick up the customer’s order package at the
restaurant, ensuring that it is adequately packaged for the type of food, and immediately puts
it in their isothermal bag. The package shall remain sealed from pick up point at the restaurant
until final delivery to the customer.
c. Delivery Contractor and their Representatives put the isothermal bag in the designated
enclosure in the vehicle and securely lock the enclosure, which shall remain locked during the
whole delivery process. In doing so, delivery Contractor and their Representatives shall ensure
that the food products are fitted and protected in a manner ensuring that the quality of the
food, including its temperature and presentation, is of a good quality when delivered to the
customer, and that the risk of contamination is minimal.
d. Delivery Contractor and their Representatives drive to the customer’s address, strictly
following road safety regulations and doing their utmost to deliver the food as fast as possible
while keeping the food in best condition.
e. Upon arrival at customer address, the delivery person shall take the isothermal bag to the
customer and deliver the food to the customer. Delivery person shall open the isothermal bag
in the presence of the customer and at no time before that.
f. In those cases in which the price of the order had not been previously paid by the customer,
the delivery Contractor and their Representatives shall take the amount and transfer it, in full
and without reduction, on a weekly basis, to the accounting department of the Company.
g. In those cases in which the customer informs the delivery Contractor and their
Representatives that there are missing items, delivery Contractor and their Representatives
shall immediately inform the Company’s call centre in order for them to handle the query with
the customer. The Contractors and their Representatives should not handle any complaint
from customers of the Company.
3. Compliance for Contractor and their Representatives
a. The Company has a zero tolerance policy regarding harassment and discriminatory behavior,
pursuant to harassment and discrimination laws, and rules and regulations in the Philippines,
as well as any unwelcome conduct/behavior of any nature in relation to a person, in
offended, humiliated or intimidated. Any such behaviour towards personnel of partner
restaurants or customers will not be tolerated. In case of significant breach of compliances,
the Service Provider Agreement between the Company and the Contractor shall be
automatically terminated.
b. Failure to abide by the provisions of this quality charter shall result in claims and discounted
Contractor fees to the Contractor.
4. Amendments
The Company may reasonably add or modify the standards stated herein at any time and in its
sole discretion in order to ensure a consistently high level of standard towards its customers and
as required by any statutory legislation or industry standards and practise. Each addition and
modification shall only take effect after being notified to the Contractors via the the Application
or email. It shall be the duty of the Service Provider to update himself of any amendments to
these standards. The Service Provider may discontinue his use of the Application and no longer
provide the Services, with immediate notice to the Company, if he does not agree with the
amended terms. Continued use of the Application and provision of the Services by the Service
Provider after any such change or amendment shall constitute Service Provider’s consent to such
change or amendment.
I, the undersigned agree to abide to the above standards when providing services for the
Company, or any of its clients.
Signed in acceptance: _______________________

25-Feb-19 | 7:12 PM PST
Date: __________________
Service Provider Agreement 1

Document (B)
- and -

Contractor: __________________________________
_________________________________
SERVICE PROVIDER AGREEMENT

_________________________________
Document (B): The Service Provider Agreement 1


Document (B)
SERVICE PROVIDER AGREEMENT
25-Feb-19 | 7:12 PM PST

THIS CONTRACT is made on the date _______________________________
BETWEEN:
Food Panda Philippines, Inc. of 50 Jupiter St. Bel-Air Village, Makati City,
Philippines (hereinafter referred to as the "Company");
and

_________________________________________________________________ of
(address):
39 Prinsesa Urduja St. Doña Rosario Subdivision Novaliches Proper, Quezon City
_________________________________________________________________
_________________________________________________________________
(hereinafter, referred to as the "Contractor"), Company and Contractor are collectively
referred as the “Parties”.
WITHNESSETH:
WHEREAS, the Contractor has filed an application for registration as a

Contractor of the Company;
WHEREAS, the Company has accepted the Contractor’s application and,

subject to the terms of this Contract, places the Contractor in the Contractor List of the
Company;
WHEREAS, this Contract contains provisions regarding confidentiality and the

Contractor acknowledges, understands and agrees that confidentiality is necessary for
the protection of the Company; and
WHEREAS, the Contractor acknowledges, understands and agrees that the

business of the Company is extremely narrow in scope and is marketed for distribution
in Philippines;
AND, the parties here to agree as follows:


Document (B)
1. CONTINUITY OF CONTRACT
This Contract supersedes all other previous executed Contracts for Service between
parties, but does not extinguish the financial obligations of the Parties as contained
in such previous Contracts and in those documents that were incorporated into such
previous Contracts.
2. INTERPRETATION AND DEFINITIONS
In this Contract:
2.1. Unless the context otherwise requires words importing one gender include all
other genders and words importing the singular include the plural and vice versa.
2.2. Any reference to a statutory provision shall be deemed to include a reference to

any statutory modification or re-enactment of it.
2.3. References in this Contract to any clause, sub-clause, schedule or paragraph

without further designation shall be construed as references to the clause, sub-
clause, schedule or paragraph of this Contract so numbered.
2.4. The following expressions shall have the following meanings:
(a) “Application” shall mean the Company’s software program to be accessed and
used by the Contractor to provide the Services.
(b) “Clients” means clients and/or customers of the Company.
(c) “Contractor’s representatives (also called his representatives)” unless otherwise

stated, means Contractor’s sub-ordinate(s), employee(s), substitute(s), agent(s),
representative(s), etc…
(d) “The Contract Work and Services, (the “Services”)” refers as, and only as the
work and services agreed in Annex One.
(e) “Proprietary Information” means the methods, processes, software & phone
applications (apps), materials and equipment used by the Company in its
business, its machinery and equipment, the list of its suppliers and clients, other
information relating to suppliers, customers, sales activities, marketing efforts
and strategies, and materials, pricing policies, future planning, new distribution
systems, new end-uses, etc.
(f) “Documents” means documents, books, computer disks, tapes memory,

notebooks, tapes, or any other medium, whether or not eye-readable, on which


Document (B)
information (whether confidential or otherwise) may from time to time be

referred to, written or recorded.
(g) “Taxes” means all taxes and any interest, penalties or fines in connection with
such taxes, imposed by any competent taxation authority in respect of all fees,
expenses or other payments of any nature liable to and paid by the Contractor
pursuant to this Contract.
(h) “Associated Companies”, for the purposes of this Contract, two companies shall
be taken to be associated companies if one is a subsidiary of the other, or both
are subsidiaries of a third Company, and "Associated Company" shall be
construed accordingly.
2.5. References to the Company or another Associated Company include its

successors in business if the succession occurs after the Termination Date.
3. TERM, THE CONTRACT WORK & SERVICES (the “SERVICES”)
3.1. The Contractor shall provide services as described in Annex One, and subject to
the terms of this Contract, with effect from, , which is the date
when the Contractor is registered with the Company’s Listed Delivery Service
Contractor (“LDSC”), for an indeterminate period of time (the “Term”).
4. NOTICE
4.1. Any notice or written communication provided for in this Contract by either Party
to the other, including but not limited to any and all offers, writings, or notices to
be given hereunder, shall be made in either English or Filipino by mail or courier
service delivered letter, or by facsimile or electronic mail or SMS.
4.2. The date of receipt of a notice or communication hereunder shall be the date of
mail or the date of delivery confirmed by the courier service in the case of a
courier service delivered letter and the next working day after dispatch in the case
of a facsimile or electronic mail or SMS. All notices and communications sent by
mail or courier service shall be sent to the appropriate address set forth at the very


Document (B)
beginning of this Contract, until the same is changed by notice given in writing
to the other Party.
5. RELATIONSHIP
5.1. The Contractor will provide the Services to the Company as an independent
Contractor and nothing in this Contract will make the Contractor an employee,
worker, agent or partner of the Company or be construed as having such effect.
5.2. In case the Contractor performs the Services by himself (a self-employed person)
without employing any representatives, he agrees that he will throughout hold
and continue to hold the status of a self-employed person and that the arrangement
between him and the Company shall not, in any event or circumstances, constitute
or be construed as a relationship of employer and employee, of principal and
agent, of joint venturers or of partners, or of any other relationship of whatsoever
nature, save and except that of independent contractor. further acknowledges
that he will not be entitled to any benefits offered or to be offered by the Company
to its employees (whether permanent or temporary), including without limitation,
the benefits of any pension scheme, any employer's liability insurance, medical
insurance, life insurance, bonus or commission.
5.3. The Contractor agrees not to bring any employment related claim or any claim
based on worker status against the Company or any of its clients, arising out of
or in connection with the provision of the Services. The Contractor shall
indemnify the Company and any of its clients, against any and all liability arising
from any employment related claim or any claim based on worker status
(including all costs and expenses incurred by the Company or its clients) brought
by his representatives against the Company or any of its clients, arising out of or
in connection with the provision of the Services.
5.4. The Company does not, and shall not be deemed to, direct or control the
Contractor generally or in the performance of the Contractor under this Contract
specifically, including in connection with the Contractor’s provision of Services,
acts or omissions, and/or negligence.
6. PROVISION OF SERVICES AND RESPONSIBILITIES OF CONTRACTOR
6.1. During the Engagement, the Company will provide shifts to be selected by the
Contractor in advance. There is no mutual obligations to provide and take up jobs


Document (B)
between the Company and the Contractor unless a schedule of work is confirmed
in advance. Further details are explained in Annex One.
6.2. The Contractor and/or his representatives shall provide the Services in a timely
manner, courteously, diligently, and with all due care, skill and ability and shall
owe a duty of care of the Company.
6.3. The Contractor shall at all times provide the Company with any information
which it may require about the Services.
6.4. The Contractor shall immediately notify the Company in writing, SMS or
Whatsapp if, for any reason, the Contractor is unable to provide the Services after
he has started providing Services on the shifts being chosen by himself. He shall
first find a replacement. If a replacement is needed to be found by the Company,
the Company shall claim the Contractor the costs of the replacement. Further
details in Annex Three.
6.5. In the provision of the Services, the Contractor and/or his representatives shall
not be subject to any right of supervision, direction or control by the Company or
any Associated Company as to the manner in which such Services are provided
but will otherwise comply with the general and reasonable requirements of the
Company, its Clients or any Associated Company as notified to the Contractor
by Customer Services and/or Operation Department, or such other person as the
Company may from time to time designate to ensure that quality service is
provided by the Contractor to the Company and its Clients. The Company shall
however determine the result of the services to be rendered.
6.6. The Contractor shall comply and shall make sure his representatives, if any, shall
also comply with all reasonable and lawful standards of safety. The Contractor
shall not initiate any claims against the Company or any of its clients, and shall
indemnify the Company against any claims (including costs) brought against the
Company or any of its clients, by his representatives which allege unsafe working
conditions or practices. When providing the Services, the Contractor and his
representatives, if any, shall dress presentably in a clean collared shirt or blouse
and full length trousers or in accordance with the Company's dress code as
enforced from time to time.. The Contractor and/or his representatives shall be
and are responsible to keep clothing and equipment clean and tidy. The
Contractor and/or his representatives are prohibited to dress under the Company’s


Document (B)
dress code when they are providing Services to individuals, firms or companies
other than the Company.
6.7. For the purposes of and in connection with the provision of the Services the
Contractor shall, at its own costs:
(a) use either an iPhone or Android smartphone (the "Device") that fits
company requirements;
(b) ensure the Device could access voice and data services at all time during
provision of the Services;
(c) download and install the Company's software applications on to the

approved Device only;
(d) allow the Company’s software to track order(s) status, including, the
pickup & delivery time, location, etc The Contractor agrees that the
Company could use, handle, process and store such data for the purpose
of customer services, tracking orders, calculation of Contractor fees,
making claims, statistics and any other purposes that the Company thinks
fit. The Contractor shall not claim, whatsoever, for the use of the data. The
Contractor must make sure, with all possible measures, that his
representatives shall not claim, whatsoever, the Company for the use of
such data. The Contractor shall further indemnify the Company against
any claims, whatsoever, including, costs, for the use of such data, from
the Contractor’s representatives;
6.8. The Contractor and his representatives shall not interfere or cause malfunction of
the Company’s software.
7. As the Company or its Partners might require the Contractor to receive cash from
their clients as one of the payment methods, the Contractor and/or his
Representative are responsible to handle the cash collected in full amount to the
Company every week. If the Contractor fails in fulfilling this requirement, he


Document (B)
agrees that the Company has the right to deal with this matter according to Annex
Three.
8. CONTRACTOR FEES & TAX
8.1. The Company shall pay to the Contractor a Contractor fee according the scale
and method of calculation specified in Annex Two.
8.2. The Contractor shall not claim to be entitled to any other fees, tips or rewards in
respect of the Services.
8.3. However, the Contractor may keep tips or gratuities paid in person or online by
any of the Company's clients in respect of the Services provided only if Annex
Two has provided for such provision.
8.4. This Contract constitutes a Contract for the provision for services and not a
Contract of employment and accordingly, the Contractor will be fully responsible
for and will pay all Taxes and the statutory social welfare contributions such as
Social Security System (“SSS”), Home Development Fund (“HDMF”), and
Philippine Health Insurance Corporation (“PhilHealth”). If, regardless of reasons,
the Company becomes liable to pay, or shall pay, or pay any Taxes and statutory
social welfare contributions, the Contractor shall indemnify the Company against
the same.
8.5. The Company may at its option satisfy the any indemnities made by the
Contractor in this Contract (in whole or in part) by way of deduction from any
payments due to the Contractor.
8.6. The Company may also deduct from any sums owed to the Contractor all sums
which the Contractor from time to time owes to the Company.
8.7. The Company will withhold 2% creditable withholding tax from the Contractor’s
Contractor fee, as required by Section 2.57.2 (E)(4)(e) of Revenue Regulation 2-
98, as amended. The Company may further withhold other amounts as required
by any other law or regulation issued by the relevant taxing authority
9. CONTRACTOR'S VEHICLE, EQUIPMENT, LICENSE AND INSURANCE
9.1 The Contractor shall supply, at his own costs, a motor scooter or other type of
vehicle (the “Vehicle”) in order to perform the Contract services, which shall be


Document (B)
equipped in accordance with the specifications outlined in Annex Five which shall
be subject to change in the event of any statutory or regulatory requirements.
9.2 Before commencement of the services outlined in this Agreement, the Company
shall have the right to inspect the equipment outlined in Annex Five and if, in its
sole opinion, the equipment does not fulfill the criteria, the services shall not
commence. The Company retains the right to inspect the equipment from time to
time in its own discretion in order to ensure that these meet the approved standard
and conditions described in Annex Five.
9.3 The Contractor shall ensue that the Vehicle is in compliance with all statutory
requirements and regulations in order for it to be used for the purposes of this
Agreement.
9.4 The Contractor shall be solely responsible for:
9.4.1 any claims or traffic accidents for whatsoever reason, including those arising
due to the Vehicle(s) not being in a good state of repair; not roadworthy; not
covered by a valid vehicle license or not properly insured;
9.4.2 any penalties, fines or claims in violation of traffic regulations;
9.4.3 all costs, including, fuel, etc… when providing the Services;
9.4.4 his own and his Representative’s safety and any personal injury.
9.5 In connection with and for the purposes of providing the Services, the Contractor
shall at its own costs provide:
9.5.1 a charger for the Device;
9.5.2 a delivery thermal bag, pizza bag and bike’s box of type and specification (i.e.
Annex Five) approved by the Company;
9.5.3 the specific clothing pursuant to clause 6.6 under the approval of the Company;
9.5.4 adequate insurance for the provision of the Services.
10. CONFIDENTIALITY & DATA PROTECTION
10.1. The Contractor shall not, during the Engagement, or at any time thereafter, except
in the proper course of performing the Services, divulge to any person whatsoever,
and shall use the Contractor's best endeavors to prevent, any unauthorized
publication or disclosure of any Proprietary Information of the Company and/or
any Associated Company, which may have come to the Contractor's knowledge

Document (B)
during or in the course of the Engagement. The Contractor shall keep with
complete secrecy all Proprietary Information entrusted to the Contractor, and
shall not use or attempt to use any such information in any manner which may
injure or cause loss either directly or indirectly to the Company and/or Associated
Company and/or its or their business, clients or customers, or may be reasonably
likely to do so. This obligation shall continue to apply after the termination of the
Engagement without limit in point of time.
10.2. The Contractor shall not make, otherwise than for the benefit of the Company
and/or any Associated Company and in the proper course of performing the
Services any notes, memoranda or other Documents relating to any matter within
the scope of the business of the Company and/or any Associated Company or
concerning any of its or their dealings or affairs with clients or customers or
whatsoever, nor shall the Contractor during the Engagement or thereafter use or
permit to be used any such notes, memoranda or other Documents otherwise than
for the benefit of the business of the Company and/or any Associated Company.
All notes or memoranda and other Documents made by the Contractor in the
course of performing the Services are the Company's property absolutely.
10.3. Company shall provide Contractor or his Representatives with certain personal
data belonging to the Company Client ("Customer Data"). Such Customer Data
may include, among others: name, surname, address, e-mail address and
telephone number or other information provided by the Company Client that are
considered to be required for the performance of service of food delivery. The
Contractor hereby undertakes to only use the Customer Data for the purposes of
this Contract and in accordance with the provisions of Data Protection legislation,
and shall not retain, store or process, in any manner whatsoever, any part of the
Customer Data, unless legally required to do so.
10.4. The Contractor shall ensure that all employees, agents or sub-contractors that
handle the Customer Data, or any part thereof, shall abide by the provisions of
this clause and the Data Protection and Privacy legislations.
11. COMPETITION AND NON-SOLICITATION
11.1. During the period of this Contract, the Contractor may accept and perform
engagements from other companies, firms or persons which do not impinge on
the Contractor's ability to provide the Services, at such times and in such manner
as may (in the reasonable opinion of the Company) be convenient to the Company,
provided that such other engagements of the Contractor will not conflict or


Document (B)
interfere with the service provided to the Company and the Company is satisfied
with the service being provided, otherwise the Contractor will be removed from
the list of LDSC or the Company reserves the right to claim damages from the
Contractor according to Annex Three to the sole discretion of the company.
11.2. During the Term , Contractor will not directly or indirectly, on Contractor's own
behalf or in the service or on behalf of others, in any capacity solicit or attempt
to solicit any business from Clients of the Company.
12. TERMINATION
12.1. The Company or the Contractor may terminate this Agreement at any time and
without explanation by giving in writing a fifteen (15) days’ notice (including the
day of notice).
12.2. Any delay by the Company in exercising its rights to terminate this Contract
pursuant to any conditions listed in clause 12.1 shall not constitute a waiver
thereof.
12.3. Upon termination of this Contract for whatever reason, the Contractor shall:
(a) be removed from the List of LDSC of the Company;
(b) not for a period of 6 months directly or indirectly, on Contractor's own behalf
or in the service or on behalf of others, in any capacity solicit or attempt to solicit
any business from Clients of the Company;
(c) not for a period of 6 months after termination of this contract however caused,
on his own account or on behalf of any person or company, induce or attempt
to induce any of the Company’s Clients to leave the company;
(d) not for a period of 6 months after termination of this contract however caused,
on his own account or on behalf of any person or company, induce or attempt
to induce any of the Company’s LDSC to leave the company and join other
company and persons with business of collection & delivery of food &
beverages;
(e) be responsible to deliver to the Company all Documents and other properties,
also include all proprietary information, books, etc.., relating to the business of
the Company or any Associated Company which may then be in the Contractor's
possession or under the Contractor's power or control and shall irretrievably
delete any information relating to the business, also include all proprietary
information, of the Company or any Associated Company stored on the any

Document (B)
Device, mobile phones, any computer, magnetic or optical disk, data stick or
memory device and all matter derived from such sources which is in the
Contractor's possession or under the Contractor's control outside the premises
of the Company including but not limited to the Company's software application;
(f) shall not claim the Company for any costs of performing the responsibilities in
clauses immediately above this clause;
(g) shall pay the Company the costs of company’s materials & properties (a) shall
the Contractor fail to return the same to the Company within 14 days upon a
written request from the Company. Shall the Contractor fail to pay such costs,
the Contractor agrees that the Company will first settle it by any outstanding


Document (B)
amounts due to the Contractor, then the Company will file a claim for the
balance together with costs against the Contractor;
(h) shall not at any time after the termination of this Contract for any reason
whatsoever represent the Contractor's self as being in any way connected with
the business of the Company or any Associated Company.
13. RIGHT TO BIND THE COMPANY
13.1. The Contractor shall not have any right or power whatsoever to Contract on
behalf of or bind the Company or any Associated Company in any way in relation
to third parties, save as specifically authorized by the Company from time to time.
13.2. Unless specifically authorized to do so by the Company, the Contractor shall not
have any authority to incur any expenditure in the name of or for the account of
the Company.
14. CONTRACTOR'S WARRANTIES, INDEMNITIES, UNDERTAKINGS AND

OBLIGATIONS
14.1. The Contractor warrants and represents to the Company that:
(a) the Contractor has the necessary skill, knowledge, equipment & tools to perform
the Contract Work and Services under this Contract;
(b) the Contractor Rider shall have and continue to have sufficient funds to cover
transportation, data and communication costs which shall enable him to
properly perform the Services as an independent contractor;
(c) the Contractor will not, in entering into this Contract or performing the Services
be in breach of the terms of any Contract, whether express or implied or of any
other obligation binding upon the Contractor;
(d) the Contractor is an independent Contractor;
(e) the Contractor and his representatives are lawfully entitled to work in the
Philippines and has all necessary licenses and permits to perform the Services,


Document (B)
including but not limited to a valid professional’s driver’s license issued by the
Land Transportation Office of the Department of Transportation;
(f) the Contractor shall perform the Services in a professional and workmanlike
manner and shall not misrepresent or disparage the Company in any manner
during or after the engagement;
(g) the Contractor has a Taxpayer’s Identification Number (“TIN”), and if

performing the Services by himself without employing others, must be
registered with the Bureau of Internal Revenue as a self-employed taxpayer and
will be solely responsible for the remittance of all applicable tax liabilities
arising from his earnings from the use of the Application;
(h) provided that the Contractor is mandated by the relevant law to get coverage,
the Rider warrants and represents that he is registered under the SSS, PhilHealth,
and HDMF, and shall be solely responsible for his contributions under the same;
(i) the Contractor shall assume liability for any personal injury or property damage,
whether to the Clients or third parties, caused in the course of the performance
of Services; and
(j) the Contractor and his representatives have never been charged with and / or
convicted of a criminal offence in the Philippines or elsewhere (other than a
minor motoring offence which does not carry a custodial sentence). –
14.2. By accessing and using the Application, the Rider warrants that he understands
the use of the Application to be limited to the Term of this Contract and that he
has no claim to the ownership or license of the Application or contents thereof.
14.3. The Contractor shall have personal liability for and shall indemnify the Company
for any loss, liability, costs (including reasonable legal costs), damages or
expenses arising from any breach of this Contract by the Contractor, including
any negligent or reckless act, omission or default in the performance of the
Services
15. DATA PROTECTION
A Contractor who is a self-employed person must sign the personal information

collection statement attached as Schedule Four to this Contract in relation to the


Document (B)
Company's collection, use and transfer of the Contractor's and his representative’s
personal data.
16. THIRD PARTY RIGHTS
Notwithstanding the Contracts (Rights of Third Parties) Ordinance, the Contractor

will have no right to enforce this Contract against any party other than a party to
this Contract.
17. JURISDICTION AND DISPUTES
17.1. This Contract shall be governed by and construed in accordance with the laws of
Philippines.
17.2. Any dispute, controversy, difference or claim arising out of or relating to this
contract, including the existence, validity, interpretation, performance, breach or
termination thereof or any dispute regarding non-contractual obligations arising
out of or relating to it (hereinafter, “The Dispute”) shall first be endeavored to be
settles amicably. The attempt to bring about an amicable settlement shall be
considered to have failed if not resolved within thirty (30) days from the date of
the Dispute.
17.3. If the Dispute could not be settled, the Dispute shall be finally resolved by
arbitration in accordance with the rules of the Philippine Dispute Resolution
Center (“PDRC”). The number of arbitrators shall be one (1), who shall be
appointed by the Company and the Rider. The language used in the arbitration


Document (B)
proceedings shall be English. The arbitral award shall be in writing and shall be
final and binding on the Parties.
17.4. The seat of arbitration shall be Philippines.
18. This Contract is written in the Chinese and English language. In the event of any
inconsistency between the Chinese language version and the English language
version, the English language version shall prevail.
19. No variation on the terms & conditions of this Contract shall be valid unless it is
in writing and signed by or on behalf of each of the parties.
20. AMENDMENT
No variation on the terms & conditions of this Contract shall be valid unless it is
in writing and signed by or on behalf of each of the parties.
21. WAIVER
Delay or failure to exercise or enforce any right or interest available to the

Company under this Contract, does not constitute a waiver of that right or any other
rights under this Contract.
22. ASSIGNMENT AND TRANSFER OF RIGHTS
22.1. The Company may freely assign this Contract, in whole or in part unilaterally.
The Contractor shall not assign, whether voluntarily, by operation of law, or
otherwise, this Contract without the Company’s prior written consent. Any
attempt by the Contractor to assign this Contract in violation of this provision will
be void and of no effect.
22.2. The Contractor agrees that the covenants and conditions in this Contract shall
apply to and bind the Contractor and assigns of the Company.
IN WITNESS WHEREOF, the Contractor and the Company have duly executed this
Contract the day and year first before written.
SIGNED by the Contractor )

)
)
)
Name:


Document (B)
SIGNED by )
for and on behalf of the Company )
)
)
)
Name:


Document (B)
Annex One:
_____________________________________
THE CONTRACT WORK AND SERVICES

_____________________________________
1. The Contractor and/or his representatives shall provide to the Company such
services as it reasonably requires of the Contractor including, but not limited to:
(a) collection and delivery of hot and cold food & beverages from restaurants and any
other food processing facilities;
(b) delivery of such hot and cold food & beverages to the Company's Clients;
2. The Contractor schedule:

a) The company will provide a series of shift that are available for the Contractor
or his representative to select. The Company is not obliged to offer the
Contractor any work if the Contractor does not inform his availability in
advance;
b) The Contractor or his representative must notify the Company at least 24
hours in advance of the start of the shift, if the shift selected cannot be
fulfilled. The Contractor shall first find a replacement. If a replacement is
needed to be found by the Company, the Company shall claim the
Contractor the costs of the replacement. The Contractor agrees that the
Company could settle the claims by using any outstanding owed to the
Contractor;
c) If the Contractor or his representative cannot fulfill the shift or have to leave
the shift under any circumstance without a notice provided as for point 2.b,
The Contractor shall first find a replacement. If a replacement is needed to be
found by the Company, the Company shall claim the Contractor the costs of
the replacement. The Contractor agrees that the Company could settle the
claims by using any outstanding owed to the Contractor;
d) In case the service cannot be fulfilled within the shift selected by the
Contractor or his representative, the shift is considered ended only when the
last order assigned within the shift selected by the Contractor or his
representative has been fulfilled entirely.


Document (B)
Annex Two:
_____________________________________
CONTRACTOR FEES
_____________________________________
1. The Company shall pay to the Contractor in respect of the Services provided a fee
of:
2. PhP 40 per hour where the hour is calculated as a full hour. If the Contractor or his
representative starts 5 min late or end 5 min early, (e.g. at 10:05) the calculation
computed will deduct the 5 min from the hourly payment (PhP 3.33).
PhP 40 per order successfully delivered and not subjected to any deduction as for
Annex Three. The Contractor shall invoice the Company for the services provided
and the Company will only arrange the above contract fees & tips to the Contractor
but not his representative. If the Contractor does not send an invoice to the Company,
the Company shall pay to the Contractor according to the data collected by the
system of the Company only.


Document (B)
Annex Three:
__________________________________________________
SERVICE FEE DEDUCTIONS

__________________________________________________
1. Deductions of the fees based on the Service provided by the Contractor or his
Representative:
a) If the Contractor doesn’t accept two or more consecutive fulfillments of the
Company service during a shift selected by the Contractor, a deduction of
PhP100 each time on the total monthly fee to be paid by the Company to the
Contractor will apply.
b) If the fulfillment is delayed by more than 40 minutes by the Contractor or his
Representative, the Contractor agrees to a deduction of PhP100 if the
Contractor or his Representative has less than three fulfillments to be
completed or if the Company agrees that the delay of the fulfillment has
happen under circumstances not attributable to the Contractor or his
Representative.
c) If the contractor is not handling the cash collected from the clients of the
Company or its Partner over one week, the Company reserved the right to
deduct the outstanding amount from the service fee that earned by the
Contractor, and the Contactor might be temporary suspended from providing
the service to the Company.
d) The Contractor or his Representative is required to complete the fulfillment
once accepted following the steps required. If the information provided by
the Contractor or his Representative via the tool required by the Company is
incorrect, a deduction of PhP100 each time on the total monthly fee to be paid
by the Company to the Contractor will apply.


Document (B)
Annex Four:
__________________________________________________
PERSONAL INFORMATION COLLECTION STATEMENT

__________________________________________________
Throughout the course of your provision of the services in accordance with the Service
Provider Agreement entered with the Company, the Company may receive personal
data and will need to collect personal data from you and about you for various purposes
related to your engagement with the Company as an independent service provider.
These personal data include, but are not limited to, the following:
1) Name
2) Address
3) Government-issued identification
4) Log information, such as information on how you use our service (e.g. duration
of your use), browser cookies, web beacons;
5) IP Address;
6) Operating System version;
7) Device Settings;
8) Hardware Model;
9) Device Identifiers; and
10) Subscriber Identity Module for some mobile devices
11) Bank account details;
12) Personal and emergency contact details; and
13) Information regarding the terms and conditions of the engagement with the
Company;
14) Any other information that you provide to the Company.
In most instances, it will be obligatory for you to provide the Company with your
personal data; failure to do so would result in the Company being unable to update and
maintain its records and fulfil certain legal obligations. Where personal data collected,
held, used or transferred is not required for the fulfilment of any business functions, the
Company will intimate the same and you may choose not to provide personal data for
these purposes.


Document (B)
Use of Personal Data

Information you provide us may be collected and processed internally, or by authorized
third parties for the following purposes:
1) Communications. The Company uses digital communication channels to
communicate to its users:
• To send email, SMS, and notifications regarding your use and access of the
Application; and
• To send updates regarding our Application.
2) Service Improvement
• We constantly strive to improve our Application and user experience. We
will use your information to guide us in these efforts, to ensure that our
Application remain at the cutting edge and to ensure that your user
experience remains pleasant and efficient. In addition, we will also use your
information for assessment, record-keeping, and generation of reports.
3) Performance Monitoring and Compliance with the Contract
• To ensure the you fulfill the necessary requirements for continued access
and use of the Application;
• To monitor the quantity of collection and delivery of food and beverages
from the restaurants to the Clients; and
• To properly evaluate and assess the quality of your performance in providing
the Services.
4) Necessary to Protect Legitimate Interests. The information we collect may also
be processed, shared, transferred and disclosed when this is necessary:
• To protect our rights and interests and those of our business partners,
customers or third parties, as may be required and permitted by law;
• To detect, prevent and address fraud and other illegal activity;
• To establish, exercise, or defend legal claims of the Company and the
Related Parties; and
• To pursue your legitimate interests, as may be required or permitted by law.
Transfer of Personal Data

The personal data collected, held and used by the Company will be kept confidential
but the Company may provide such information to the following parties, who may be
based in or outside of the Philippines:


Document (B)
1) any regulatory, judicial, administrative, or government bodies, tax authorities

or other industry recognized bodies located inside or outside the Philippines as
required by any applicable law, rules and regulations, codes of practice or
guidelines of any applicable jurisdiction;
2) any other persons, companies or entities (including banks) in connection with
the Company's business or investment in the Company's business;
3) professional advisers, financial institutions, insurers and customers in
connection with the Company's business;
4) any Associated Company;
5) any successor or permitted assign to the business of the Company;
6) any other person, Company or entity that is under a duty of confidentiality to
the Company or any associated Company to keep such personal data
confidential; and
7) any other person to which the Company considers such disclosure to be
necessary or desirable for the purposes set out above, and
8) your consent to such disclosure include disclosures that will involve the
transfer of your personal data outside the Philippines.
Retention of Personal Data

The Company intends to retain certain personal data of Riders who have ceased
providing services to us. Such data are required for purposes including, but not limited
to, the following: (i) provision of any references; (ii) residual matters relating to
fulfillment of the service Contract; and (iii) ongoing compliance with our contractual
or statutory obligations. The Company will not retain personal data any longer than is
necessary for the fulfilment of the purposes outlined in this statement.
Data Subject Rights

As a data subject, you are entitled to the following rights under the law:
1) The right to access your personal information;

2) The right to make corrections to your personal information;
3) The right to object to the processing of your personal information;
4) The right to erasure or blocking of your personal information;
5) The right to be informed of the existence of processing of your personal
information;
6) The right to damages; and
7) The right to lodge a complaint before the National Privacy Commission.

Document (B)
Security Measures
The Company has industry standard and appropriate organization wide security
measures, safeguards and controls which ensures data privacy and security. The
Company will use all reasonable and appropriate administrative, physical and technical
safeguards to prevent unauthorized use or disclosure of personal data and also protect
the confidentiality, integrity and availability of information.
Questions, comments and requests regarding this privacy policy are welcomed and
should be addressed to:
hubcaptains@foodpanda.ph
Foodpanda Office Pacific Star Building
Makati Ave
Makati


Document (B)
Annex Five:
_________________________________________________________________
SPECIFICATION OF DELIVERY THERMAL BAG, PIZZA BAG AND BIKE BOX

________________________________________________________________
Item Sizes Specifications

Thermal bag 30 High x 37 Width Product core temperature after delivering for 10
x 30 Length (cm’s) mins should be achieved below standard:
- Water proof
- Highly resistant to protect food from
Pizza Bag 43 High x 43 Width
damages
x 30 Length (cm’s)
- Thermal layer to keep food temperature
according to HK FEHD requirement the
delivery temperature of the food items
Bike Box 60 High x 50 Width
should be over 60°C/ 140°F (Hot) and
x 60 Length (cm’s)
below 4°C /40°F (Cold)
I acknowledge, understand, consent and accept the above:
___________________________
Name: Jeanne Kristiane T. Rojas
25-Feb-19 | 7:12 PM PST

Date:

CONTRACT FOR PROMOTION AND ADVERTISEMENT
25-Feb-19 | 7:12 PM PST

THIS CONTRACT is made on the date: ___________________________
BETWEEN:
Food Panda Philippines, Inc.of 50 Jupiter St. Bel-Air Village, Makati City, Philippines (hereinafter
referred to as the "Company");
and_________________________________________________________________ of
39 Prinsesa Urduja St. Doña Rosario Subd. Novaliches Proper, Quezon City
(address):_ ________________________________________________________________
_________________________________________________________________
(hereinafter, referred to as the "Contractor"), Company and Contractor are collectively referred
as the “Parties”.
AND, the Parties hereto agree as follows:
1. This Contract is a side agreement to the Service Provider Agreement signed between the Parties
on __________ (the “Service Agreement”). Consequently, this Contract shall be deemed to
be part of the Service Agreement, save for termination rights as outlined in clause 7 below.
Capitalized terms not otherwise defined in this Contract shall have the same meanings assigned
to them in the Service Provider Agreement.
2. The Contractor hereby agrees that whilst performing the services as outlined in the Service
Agreement, he shall promote and advertise, at his own costs, the Company by using, inter alia,
the below materials which shall be provided by the Company:
i. Branded sticker on both sides of the body of a motor scooter or bike,
ii. Branded sticker on the trunk,
iii. Branded bike box,
iv. Branded uniforms, and
v. Branded thermal boxes/pizza bag/ plastic bags
3. Upon entering into this Contract, the provisions of clauses 9.1 and 9.2 of the Service Provider
Agreement shall mutatis mutandis be suspended.
4. In return for the Contractor performing the additional services outlined in clause 2 above, the
Company shall pay the Contractor a total promotion and advertising fee of PhP 50 per motor
scooter/bike per month, provided that all the materials provided by the Company in pursuance
of clause 1 above are used by the Contractor at all times while performing the services outlined
in the Service Agreement and provided further that the Contractor provides the services in
1|Page
accordance with the schedule as approved between the Parties. Payment terms shall be
identical to the payments terms provided for in the Service Agreement.
5. In the event that the Company identifies that the Contractor is in breach of any of the provisions
of clause 2 and is not displaying the materials as agreed, a fee deduction of PhP100 will be
applied for each breach.
6. Contractor and his Representative are prohibited from using the promotion & advertising
materials mentioned in clause 2 when not providing the services, including when they accept
and perform engagements from other companies, firms or persons.
7. If the Contractor does not offer a schedule of availability of service to the Company or the
Company does not confirm the schedule or the Contractor does not abide by the approved
schedule, the Company will deduct PhP100 per day according to the final agreed schedule of
availability.
8. Termination of the Service Agreement shall automatically terminate this Contract. Nonetheless,
either Party may terminate this Contract for convenience by providing the other Party with
fifteen (15) days’ notice. Termination of this Contract will have no effect on the validity of the
Service Agreement.
9. Upon termination of this Contract, for whatsoever reason, the Contract shall, at his own costs,
return all materials provided to him or his Representative, to the Company within two (2)
business days. Failure to return all materials will result in the Contractor being liable for
damages towards the Company.
For and on behalf of

Signed and agreed by the Company Signed and agreed by the Contractor
Signature: Signature:
Name: Name:
Date: Date: 25-Feb-19 | 7:12 PM PST
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Application for Servicer Provider Registration 1

‘Food Panda Philippines, Inc.

THIS DOCUMENT WILL ONLY SERVE AS REGISTRATION A D

FOR SERVICE PROVIDER B E

A SEPARATE SERVICE PROVIDER AGREEMENT WILL BE C

SIGNED IF THE APPLICATION IS ACCEPTED

1. NAME OF APPLICANT (IF APPLIED AS AN INDIVIDUAL SERVICE PROVIDER):

Jeanne Kristiane T. Rojas

Related Services for Food Panda.

A SOLE PROPRIETOR or PARTNERSHIP):

Food Panda Philippines, Inc.

25-Feb-19 | 7:12 PM PST Jeanne Kristiane T. Rojas

Date Name & Signature

2. PERSONAL INFORMATION IF APPLIED AS SERVICE PROVIDER (THIS FORM IS

or other government-issued I.D..)

Application for Service Provider Registration 1/3

Application for Servicer Provider Registration 2

DATE OF BIRTH: YR _________ MONTH ________ DAY________

Address for correspondence

Tel. No. Mobile No.

E-mail address Fax No.

2. Copy/Copies of Vehicle Registration: _________________/_________________

5. Copy of Business Registration and Bank Information or Account (IF AN

Application for Service Provider Registration 2/3

Application for Servicer Provider Registration 3

5. TOOLS & UNIFORM

6. Bureau of Internal Revenue Registration

25-Feb-19 | 7:12 PM PST

Application for Service Provider Registration 3/3

Declaration by Service Provider 1

Jeanne Kristiane T. Rojas

I am a service provider offering pick-up and delivery services to Food Panda

I further acknowledge that below SUPPORTING DOCUMENTS that I provided to the

1. Copy of Driving License(s) ;

2. Copy/Copies of Vehicle Registration: _________________/_________________

3. Copy of 3rd Party Liability Insurance (a must to provide);

5. Copy of Business Registration and Bank Information or Account (IF AN

Declaration by Service Provider 2

25-Feb-19 | 7:12 PM PST Date

FOODPANDA DELIVERY QUALITY CHARTER

3. Compliance for Contractor and their Representatives

Signed in acceptance: _______________________

Service Provider Agreement 1

Food Panda Philippines, Inc.

Jeanne Kristiane T. Rojas

SERVICE PROVIDER AGREEMENT

Document (B): The Service Provider Agreement 1

Service Provider Agreement 2

SERVICE PROVIDER AGREEMENT

25-Feb-19 | 7:12 PM PST

Jeanne Kristiane T. Rojas

WHEREAS, the Contractor has filed an application for registration as a

WHEREAS, the Company has accepted the Contractor’s application and,

WHEREAS, this Contract contains provisions regarding confidentiality and the

WHEREAS, the Contractor acknowledges, understands and agrees that the

AND, the parties here to agree as follows:

Service Provider Agreement 3

2. INTERPRETATION AND DEFINITIONS

2.2. Any reference to a statutory provision shall be deemed to include a reference to

2.3. References in this Contract to any clause, sub-clause, schedule or paragraph

2.4. The following expressions shall have the following meanings:

DATE OF BIRTH: YR _ MONTH DAY

2. Copy/Copies of Vehicle Registration: _/_

2. Copy/Copies of Vehicle Registration: _/_