BARAPIDO, INC.
“BARAPIDO-MART” Terms and Conditions
1. Introduction
Welcome to Barapido, Inc. (“Company”, “we”, “our”, “us”), a corporation duly organized under the laws of the Philippines, with office address at 20th Floor, Inoza Tower, 40th Street, Bonifacio Global City, Taguig City, Philippines, trading through multiple formats, including “fishersupermarket.ph”, an on-line grocery (www.fishersupermarket.ph).
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at fishersupermarket.ph operated by Barapido, Inc. (the “Service”)
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by the Agreements.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know of the matter that you do not agree with by emailing at customer@fishersupermarket.phfishersupermarket.ph so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at customer@fishersupermarket.ph.
3. Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, G-Cash, mobile number, gender, birthday, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, unreceived payments, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Content
Content found on or through this Service is the property of Barapido, Inc. or is used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without prior written permission from us.
5. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with Terms and Conditions contained herein. You agree not to use the Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
6. No Use of Minors
Service is intended only for access and use by individuals who are at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
7. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
8. Entire Agreement
These Terms and Conditions shall apply to all orders and contracts made or to be made by us for the sale and supply of products and services. These Terms and Conditions constitute the entire agreement between you and Barapido, Inc. (www.fishersupermarket.phfishersupermarket.ph) and supersede any and all preceding and contemporaneous agreements between you and Barapido, Inc. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by an authorized signatory of Barapido, Inc.
You acknowledge that, in entering into this contract, you did not rely on any representation, undertaking or promise given by Barapido, Inc. or implied from anything said or written between you and Barapido, Inc. through www.fishersupermarket.ph, prior to such Terms and Conditions, except as expressly stated in these Terms and Conditions.
9. Terms of the Sale
9.1. Registration
To place an Order, you must register with us by creating an Account on the Service. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
You shall not misuse the Service by creating multiple user accounts.
The email address used to register will be your username and you will be prompted to enter a password. To gain access you will need to provide these details. We recommend that you do not to share your user credentials with anyone.
An order can only be executed using your user credentials, following registration.
9.2. Price and Payment
Prices are inclusive of VAT and are in Philippine Peso. There are no shopping or concierge fees applied. However, a Delivery Fee will be charged per order in addition to the price of the products and are clearly displayed and included in the Total Charges. No minimum order value is required when ordering.
The applicable Delivery Fee for orders within Metro Manila starts at Php99.00 per order for next day delivery. Fishersupermarket.ph reserves the right to make appropriate reasonable price adjustments as it deems appropriate to maintain its commitment to deliver expeditiously.
Currently, you can pay using any Visa or Mastercard credit and debit cards, or through G-Cash.
Upon check out and your payment, you are confirming that the Visa or Mastercard credit, debit, or G-Cash account you are using belongs to you or that you are the legitimate holder of the promotional voucher (where applicable), and have sufficient funds or credit facilities to cover the cost of the Products and delivery. No orders may be cancelled after payment has been made.
Fishersupermarket.ph uses a third-party payment processor (the “Payment Processor”) to link your Visa or Mastercard credit, debit cards, or G-Cash account to the website. The processing of payments or credits, as applicable, in connection with your use of the Website, will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms and Conditions. Barapido, Inc., and, fishersupermarket.ph shall not be responsible for any errors by the Payment Processor. In connection with your use of the Service, Fishersupermarket.ph will obtain certain transaction details, which is used in the performance of processing each order, and is done so in accordance with its Private Policy.
9.3. Product Returns
Barapido uses a well reputed 3rd party logistics provider to perform both warehousing and delivery services. You will be required to sign the delivery receipt upon checking and receiving the items. In the event of any discrepancy in any item while being delivered to you, please notify the delivery team during your receiving process. You will be asked to indicate and sign on the delivery receipt to identify the discrepancy. Our customer service associate will be in touch with you to arrange a refund. This is further discussed in the Delivery Section, below.
9.4. Refunds
Our inventory is updated close to real time and this is reflected in our on-line store. This mitigates any inaccuracy as to product availability. However, in the rare event that an item has been paid for and stock is unavailable, our customer service associate will give you a call to inform you of stock unavailability and arrange the refund either through cash upon delivery of the balance of your order, or,through a reversal through our 3rd party payment system provider (Visa, Mastercard only), where applicable.
Orders will not be refunded under the following circumstances:
(a) when customer changes his mind
(b) when the customer found out that the other store offers a cheaper price for similar item(s)
(c) mishandling of goods by the customer
(d) reasons other than the quality or manufacturing defects of the product
(e) The items ordered become spoiled or damaged as a result of nability to contact the recipient through the contact number provided despite several attempts.
(f) Providing non-existent address or inability by our rider to access or locate the delivery address provided.
9.5. Delivery
Deliveries of orders to residences will be performed typically between 24 to 48 hours. Please allow a little more time when your order falls on a holiday.
Deliveries to offices are limited to office hours only, at this time.
Our 3rd party logistics provider representative (Logistikus Express, Inc.) will inform you by SMS, once the delivery crew is dispatched. They are able to monitor all orders through the delivery process.
Upon delivery of the Purchase, you will be required to sign receipt upon acceptance of delivery of products and services. You or the recipient may confer with our delivery team for any discrepancies discovered during the delivery process. Any damages and/or “wrong items” will be returned to Fishersupermarket.ph through our delivery team. A customer service associate will be in touch with you to refund. You may contact customer@fishersupermarket.ph to coordinate this as well. We wish to reiterate that we will not entertain any discrepancies after signing of the delivery receipt. We encourage you and/or your recipient to inspect each of your items upon delivery. Our delivery team will be there to assist you.
Our delivery crew will fulfill the delivery to the address you provided in your registration. The delivery crew will look for the registered user of the site. In their absence, you agree that upon receipt of the products/items and the signing of the delivery receipt by any recipient at your address constitutes a “delivery”.
10. Personal data protection
Please see our Privacy Policy.
11. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
In the event of fraud, an attempt at deception or in the event of suspicion of other illegal activities in connection with the redemption of a particular promotion on the Site, we are entitled to close your Account and/or require a different means of payment.
We assume no Liability for the loss, theft or illegibility of promotional vouchers.
12. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Barapido, Inc. and its licensors. Service is protected by copyright, trademark, and other laws of the Philippines and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Barapido, Inc.
13. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to customer@fishersupermarket.ph, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
14. Notice and Procedure for Copyright Infringement Claims
You may submit a notification of copyright infringement by providing us with the following information in writing:
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. your address, telephone number, and email address;
0.4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact us via email at customer@fishersupermarket.ph.
15. Error Reporting and Feedback
You may provide us either directly at customer@fishersupermarket.ph or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
16. Links to Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Barapido, Inc.
Barapido, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
For example, the outlined Terms of Service have been created using PolicyMaker.io, a free web application for generating high-quality legal documents. Policy Maker’s free Terms and Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of Service template for a website, blog, e-commerce store or app.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
17. Disclaimer of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limits of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
19. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
20. Governing Law
These Terms and Conditions (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of the Philippines. You hereby submit to the exclusive jurisdiction of the Courts of Taguig, Philippines.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
21. Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
22. Amendments to Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
23. Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
24. Assignment
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.
25. Relationship
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship between you and FISHERSUPERMARKET.PH or BARAPIDO, INC. unless otherwise provided herein.
26. Third-Party Rights
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.
27. Senior Citizen, Persons with Disabilities, Diplomats and Other Government-mandated Discounts
Senior Citizens, Persons with Disabilities (PWD), Diplomats and other government-mandated discounts are not available on purchases made through the internet. Government-mandated discounts will be given only for purchases made physically at the Store as you need to present your Valid IDs and validation of identity is further required.
28. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
29. Contact Us
Please send your feedback, comments, requests for technical support by email: customer@fishersupermarket.ph.
These Terms and Conditions were created for fishersupermarket.ph on 2020-05-22.
