Terms and Conditions

1. INTRODUCTION

MarketFresh (the “Company”) is a domestic corporation incorporated and existing under the laws of the Republic of the Philippines, with principal office address at 1719 GA Tower, Boni Cor. EDSA Quezon City. As a Platform provider, the Company is engaged in the business of building, operating and managing an online marketplace that provides services in listing of products on www.marketfresh.ph.

THE PARTIES HEREBY AGREE AS FOLLOWS:

2. DEFINITIONS

2.1 “Agreement” refers to this agreement (“Terms and conditions”), the Privacy Policy, any order form, and the payment invoice provided;
2.2 “Delivery” refers to any form of delivery service, which is provided by Participating Retailers or third parties cooperating with the Company;
2.3 “Goods” means the consumer products which are on retail sale by the Retailer, including but not limited to groceries and daily needs for consumer use and / or consumption and which are made available through its Premises. Notwithstanding the above, MarketFresh shall have sole and absolute discretion not to include any such identified Goods on the Platform;
2.4 “Opening Hours” means any time and day during which MarketFresh operates.
2.5 “Participating Retailer” or “Retailer” is a third party, which is cooperating with the Company to supply the Goods or the Services;
2.6 “Premise” is a store of a Participating Retailer included in the Participating Retailer’s cooperation with the Company to provide Goods for consumers;
2.7 “Platform” means the website www.marketfresh.ph;
2.8 “Privacy Policy” means the agreement as displayed on this site, governing how MarketFresh collect and store data;
2.9 “Service” or “Services” refers to the services which MarketFresh may provide and which the Consumer may request from the Company’s Website;
2.10 “MarketFresh” refers to MarketFresh Philippines Inc.;
2.11 “Website” refers to www.marketfresh.ph;
2.12 “Consumer”, refers to the person accessing the Website to order Goods and Services from MarketFresh;

3. ORDERING

3.1 Consumers order the Goods through MarketFresh’s Website; MarketFresh is a Platform provider which enables the Consumer to order the Goods. In the event of a Consumer complaint, MarketFresh, through its customer service, will handle such complaint and assist the Consumer in finding the best solution.
3.2 MarketFresh warrants that any information, which the Consumer provides to MarketFresh solely for the purpose of availing the Services, will not be transferred, given, or divulged to third parties, other than what has been specifically set out herein or in the Privacy Policy. MarketFresh likewise warrants that the Consumer’s information will be used solely in providing the Services, and in accordance with this Terms and Conditions and the Privacy Policy
3.3 When ordering from this Website, the Consumer may be required to provide an e-mail address and password. The Consumer shall ensure that the combination of these details are kept secure and shall not provide this information to a third party. The Consumer accepts responsibility for all activities that occur using his/her e-mail address and password
3.4 The Goods delivered are for Consumer’s own use and not for resale. The Consumer warrants that he or she is not acting as an agent or on behalf of a third party.
3.5 The Consumer warrants that he or she has legal capacity to enter into this Agreement and to order any Goods provided through the Website. The Consumer agrees to give valid identification prior to making an order. Further, the Consumer agrees to present valid proof of identification, should such proof be requested during delivery.
3.6 Any purchase of certain Goods such as tobacco products and alcoholic drinks must fulfill minimum age required by Philippine law, specifically 18 years of age for the purchase of both products. MarketFresh may require the Consumer to present valid proof of identification indicating the Consumer’s age for every purchase of such products and when such are delivered to the Consumer
MarketFresh is entitled to withhold delivery of the Goods if the Consumer is unable to provide valid identification and/or fails to fulfill the minimum age requirement. Valid Identification must include both the photograph and the date of birth of the bearer, such as, but not limited to passport, driver’s license, Social Security System Identification cart, postal identification card and the like, showing that the Consumer is at least eighteen (18) years old.
3.7 MarketFresh shall sell alcoholic drinks based on prevailing laws and regulations in the Philippines.
3.8 MarketFresh shall take all commercially reasonably measures in securing the Consumer’s orders and personal details, and will ensure that said details are retained only as long as necessary for the transaction and for the provision of the Services. However in the absence of fault on MarketFresh’s part it may not be held liable for any loss that the Consumer may suffer in the event that a third party procures unauthorized access to any data provided when accessing or ordering from the Website unless it is proven that MarketFresh was negligent in securing the information provided by the Consumer.

4. PRICES AND PAYMENT

4.1 The Consumer agrees to provide MarketFresh with the correct required information and warrants that the provided information is correct and complete at the time of order. The Consumer also warrants that the credit or debit card details provided, if applicable, are that of his or her own credit or debit card and that the Consumer has sufficient funds to make the payment.
4.2. Prices may change due to commercial reasons taking into consideration the current market prices of the Goods. MarketFresh may change the listed price as soon as possible without prior notice.
4.3 The total price for Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when the Consumer places his or her order at the check-out process. The price to be paid by the Consumer shall be the price shown upon check-out from the Website. Any change of the listed price of the Goods shall not apply when the Consumer is at the check-out process from the Website.
4.4 The Consumer shall pay the ordered/purchased goods upon receipt (Cash On Delivery)
4.5 Full payment must be made for all Goods dispatched and Services provided. Unless the mode of payment is through Cash-on-Delivery (COD), Payment has to be made through the payment platforms provided by MarketFresh in the Website.
4.6 All listed prices are subject to tax unless MarketFresh provides otherwise.
4.7 If the Consumer chooses online payment, the Consumer must provide his or her payment details before the order is delivered. To ensure that shopping online is secure, the Consumer’s debit or credit card details will be encrypted to prevent the possibility of enabling a third party to read such details as they are sent over the Internet. The Consumer’s credit card company may also conduct security checks to confirm the Consumer’s identity.

5. DELIVERY POLICY

5.1 Delivery periods quoted at the time of ordering are mere approximations and may vary depending on external circumstances. The delivery periods selectable are 1-hour timeframes for the current and next calendar day. There will be a limited amount of deliveries in each delivery period, therefore the Consumer’s desired delivery period may not be guaranteed. The Website will indicate such unavailability of delivery periods and the Consumer may choose other accessible delivery periods.
5.2 We will take great care to ensure that delivery is done in the timeframe selected in the Website;
5.3 In the event that the Goods are not received within the timeframe selected in the Website, the Consumer may contact MarketFresh, who shall work with the Consumer to find the best solution for the issue.
5.4 Delivery will only be available during the Opening hours.
5.5 Goods will be delivered to the address designated by the Consumer at the time of ordering.
5.6 All risk in the Goods shall pass to the Consumer upon delivery.
5.7 If the Consumer fails to accept delivery of the Goods delivered during the indicated delivery time, or if MarketFresh is unable to deliver at the designated time due to the Consumer’s failure to provide sufficient and appropriate instructions, the Goods shall be deemed delivered to the Consumer and all risks and responsibilities in relation to such Goods shall pass to the Consumer. Any storage, insurance and any other cost or expense that MarketFresh incurs as a result of the inability to deliver due to the Consumer’s failure shall be the Consumer’s responsibility and the Consumer shall provide any necessary compensation to MarketFresh. Once the consumer receives notification that the shopper has started picking the goods; no changes are allowed.
5.8 The Consumer must ensure that at the time of Delivery of the Goods, adequate arrangements, including access where necessary, are in place for the safe delivery of such Goods. MarketFresh shall not be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of the Consumer’s failure to provide adequate access or arrangements for delivery.
5.9 Participating Retailers and/or MarketFresh shall not be liable to the Consumer for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery unless it is proven that the late delivery was caused by the fault of Participating Retailers and/or MarketFresh.
5.10 Please note that, due to geographical or other logistical limitations; it may be impossible for MarketFresh to deliver to some locations. In this case MarketFresh will give prior notification to the Consumer and cancel the Consumer’s order.

6. REJECTION & CANCELLATION

6.1 The Consumer understands that during the processing of his or her order, the Goods selected may not be available due to high demand. In such case, MarketFresh will notify the Consumer of this unavailability through MarketFresh’s customer service (via e-mail or call) and return any payment that the Consumer may have made.
6.2 Once the order is picked by the shopper, the Consumer can not cancel it.

7. REFUND POLICY

7.1 MarketFresh will provide sufficient information, and shall provide accurate description of each Goods, yet in the unlikely event that the Consumer receives products that are not deemed acceptable by him or her, the Consumer has the right to reject said item but must provide a reason for the product’s unacceptability. MarketFresh will review the Consumer’s claim and return the cost of the item to the Consumer within five (5) working days after the transaction depending on the Consumer’s chosen method of payment.
7.2 If for any other reason the Consumer is not satisfied with the service provided by MarketFresh, the Consumer may rate the service through the Website. The Consumer can receive a refund of part of the cost of Service provided at MarketFresh’s sole discretion.

8. INFORMATION

8.1 Where MarketFresh requests information from the Consumer to ensure Delivery, the Consumer agrees to provide accurate and complete information.
8.2 The Consumer agrees and authorizes MarketFresh to use, store or otherwise process the Consumer’s personal information in order to provide the Delivery, Goods or Services to the Consumer and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information, excluding Sensitive Personal Information as defined under Republic Act No. 10173 or Data Privacy Act of 2012, to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information regarding the storage, processing and collection of information can be found in our Privacy Policy.
8.3 The Consumer is entitled to request a copy of the personal information retained by MarketFresh. To request such information, the Consumer must contact MarketFresh through the contact details provided in the Website.

9. CONSUMER CONCERNS

MarketFresh takes its customers’ concerns very seriously and aim at responding to the Consumers’ concerns as soon as reasonably possible.

10. LIMITATION OF LIABILITY

10.1 MarketFresh ensures, as far as reasonably possible, that the information on this Website is correct and error free at all times. Despite MarketFresh’s best efforts, it cannot warrant that the Website will be absolutely free from any error and that the use of such Website will be fit for every purpose, timely and that defects will be corrected, and that that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and MarketFresh does not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
10.2 By accepting these terms of use the Consumer agrees to relieve MarketFresh from any liability whatsoever arising from the Consumer’s use of information from any third party, or the Consumer’s consumption of any Goods, unless MarketFresh has been found negligent in handling the Goods or providing the Services.
10.3 MarketFresh disclaims any and all liability to the Consumer for the supply of the Delivery, Goods and Services to the fullest extent permissible under applicable laws. This does not affect the Consumer’s statutory rights as a consumer under applicable laws. Unless, the loss or damage is due to MarketFresh’s willful act, omission, or gross negligence, in the event that MarketFresh is found liable for any loss or damage to the Consumer, such liability is limited to the amount that the Consumer has paid for the relevant Goods or Services. MarketFresh does not accept any liability for any loss, damage or expense, for Consumer’s consumption of the Goods, including any direct or indirect loss such as loss of profits to the Consumer, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of MarketFresh’s negligence.
10.4 MarketFresh cannot and does not guarantee or warrant that the files in its Website are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. As such, MarketFresh does not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to customer’s computer system via our Website. The Consumer is responsible for implementing sufficient procedures and checkpoints to satisfy his/her particular requirements for accuracy of data input and output, and for maintaining a means external to our Website for the reconstruction of any lost data.
10.5 MarketFresh shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside MarketFresh’s reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
10.6 In the event that MarketFresh contracts to provide identical or similar order to more than one Consumer and is prevented from faithfully complying with its obligations to the Consumer by reason of an Event of Force Majeure, MarketFresh may decide, at its own discretion which orders to fulfill and to what extent. However, MarketFresh shall give prior notification to the Consumer whose order will not be fulfilled and the Consumer has the right to the refund policy stated in Section 7.
10.7 The products sold by MarketFresh are provided for private domestic consumer use only. Accordingly, MarketFresh does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from MarketFresh.
10.8 MarketFresh has taken all reasonable steps to prevent Internet fraud and ensure any data collected from the Consumer is stored as securely and safely as possible. However, MarketFresh may not be held liable in the unlikely event of a breach in our secure computer servers by third parties.
10.9 In the event MarketFresh has a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspects instances of fraud, MarketFresh may cause the Consumer to be blocked immediately and reserves the right to refuse future services. Additionally, should there exist an abuse of vouchers or discount codes, MarketFresh reserves the right to seek compensation or damages from any and all violators.
10.10 Offers are subject to MarketFresh’s discretion and may be withdrawn at any time and with prior notice to the prospective Consumer

11. ASSUMPTION OF RISK

11.1 YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE, AND THE INTERNET. OUR WEBSITE AND APPS PROVIDES ACCESS TO OUR SERVICES AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITES OR ON THE INTERNET GENERALLY. OUR SITES DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED OR IMMEDIATELY DETECTED.
11.2 YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR SITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.

12. LINKS TO OTHER WEBSITES

Our Website and Apps may contain links to third party Websites. Our Website and Apps makes no representations whatsoever about any other website which you may access through this Website or which may link to this website. When you access a website from our Website, please understand that it is independent from our Website, and that our Website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our Website of the contents on such third-party websites. Our Website is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of material on such third party websites. If you decide to access linked third-party websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.

13. SOCIAL MEDIA WARNING (DIVULGENCE OF PERSONAL INFORMATION AND PRIVATE INFORMATION)

13.1 Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few users have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.
13.2 You agree to indemnify, defend and hold harmless our Website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our Site or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our Website.

14. GENERAL

14.1 All prices are in Philippine Peso (Php); applicable taxes are included where indicated.
14.2 MarketFresh may subcontract any part or parts of the Services or Goods that we provide to the Consumer from time to time.
14.3 MarketFresh will publish any material or substantive amendment of the Terms and Conditions in the Website, and the Consumer agrees to carefully read such amendment. If the Consumer continues to use and access the Website after any posted amended version of the Terms and Conditions will be considered as the Consumer’s acceptance to the amended Terms and Conditions.
14.4 Any objections towards the amended Terms and Conditions shall be delivered to MarketFresh within seven (7) days after such amendment is published in the Website.
14.5 The Consumer is not allowed to use or launch any automated system or program in connection with MarketFresh’s Website or its online ordering functionality.
14.6 The Consumer may not collect or harvest any personally identifiable information from the Website, use communication systems provided by the Website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website with respect to their submissions to the Website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website.
14.7 The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between the Consumer and MarketFresh. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other terms or provision on the Website except for privacy matters, these Terms and Conditions shall prevail.
14.8 If any term or condition of this Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be separable and the remainder of the Agreement shall continue to be in force without invalid provision.
14.9 No delay or failure on the part of MarketFresh to enforce its rights or remedies under this Agreement shall constitute a waiver on its part of such rights or remedies unless such waiver is confirmed in writing.
14.10. MarketFresh may assign its rights and duties under this Agreement to any party at any time without notice to you.