Terms and con­di­tions for use of the web­site and Online Order­ing Sys­tem

1. Terms and con­di­tions

In these terms and con­di­tions, “we”, “us” and “our” means Metro Food­cart Busi­ness Cor­po­ra­tion of Pasig City, Phillip­ines. Please read these terms and con­di­tions care­fully as they apply to your use of this web­site (http://www.metrofoodcart.com). By access­ing or using the web­site you agree to be bound by these terms and con­di­tions. We may revise these terms and con­di­tions from time to time by updat­ing this post­ing. The revised terms will take effect when they are being posted.

2. Pur­chas­ing Prod­ucts (Online Order­ing Sys­tem)

As part of our web­site we pro­vide an online order­ing sys­tem that enables you to pur­chase the Metro Food­cart Busi­ness Cor­po­ra­tion products/services.

2.1 Order­ing pro­ce­dure (Online Order­ing Sys­tem)

When you place an order to pur­chase prod­ucts via this web­site, you are mak­ing an offer to us. No con­tract for the pur­chase of prod­ucts will come into exis­tence until we have reviewed and accepted your order. We may decline an order where we believe that we have rea­son­able grounds for doing so.

2.2 Pay­ment (Online Order­ing Sys­tem)

(a) When you pur­chase any prod­ucts you agree to pay the pur­chase price spec­i­fied on the Web­site at the time of pur­chase. We will state whether that pur­chase price includes VAT, freight charges, postage and han­dling, and/or insur­ance charges. Where these are not included in the pur­chase price, then you also agree to pay these other amounts.

(b) All trans­ac­tions are dis­played and processed in Philip­pine Peso.

© You will be required to pay for the prod­ucts online by either deposit­ing on the company’s account, cash on deliv­ery (COD), pay­pal or credit card. We will bill your credit card at the time of order. The credit cards that we accept from time to time will be described on the Web­site. We may apply a sur­charge from time to time for the use of cer­tain credit cards, and where we do so this will also be described on the Web­site.

2.3 Can­cel­la­tion of orders (Online Order­ing Sys­tem)

(a) We may can­cel an order that we have already accepted if we sus­pect that you are act­ing fraud­u­lently (such as using a credit card with­out proper autho­riza­tion) or in breach of these terms and con­di­tions.

(b) While we endeav­our to avoid pric­ing and other errors, inad­ver­tent errors do occur from time to time and we may also can­cel an order that we have accepted in such cir­cum­stances.

© Unforseen sup­ply prob­lems or unex­pected demand may occa­sion­ally result in prod­ucts being unavail­able. If this occurs, you may can­cel your order at any time prior to when we ship the prod­ucts to you, by noti­fy­ing us accord­ingly.

2.4 Deliv­ery, title and risk (Online Order­ing Sys­tem)

(a) We will deliver the prod­ucts to the place of deliv­ery you spec­ify upon mak­ing your order. Title to and risk in the prod­ucts will pass to you upon deliv­ery of the prod­ucts to the place of deliv­ery.

(b) All web­site prod­ucts sold by Metro Food­cart Busi­ness Cor­po­ra­tion are on a firm sale basis unless oth­er­wise specif­i­cally stated.

2.5 Ship­ping (Online Order­ing Sys­tem)

(a) Prices dis­played on this web­site exclude ship­ping costs.

(b) Indi­vid­ual Ship­ping costs will be based on the pre­vail­ing freight charges.

© Prices are based on a sin­gle quan­tity pur­chased. When a pur­chase is for mul­ti­ple prod­ucts, the cus­tomer will be charged a sin­gle Ship­ping fee based at the high­est ship­ping rate. We deliver prod­ucts Philip­pine wide using Philip­pines Post and other con­tracted agents. We endeav­our to make sure that all prod­ucts listed on our web­site are cur­rently in stock and its pric­ing is true and cor­rect.

(d) Stan­dard deliv­ery times are between 3–10 work­ing days.

2.6 Our returns pol­icy (Online Order­ing Sys­tem)

(a) Pur­chased prod­ucts can be returned or exchanged on a case to case basis.

3. Licence to use the con­tent on the web­site

(a) You acknowl­edge that the Web­site and all related con­tent is sub­ject to copy­right and pos­si­bly other intel­lec­tual prop­erty rights.

(b) We grant you a lim­ited, non-transferable licence to access and use the Web­site solely for your per­sonal, and non-commercial pur­poses.

© Metro Food­cart Busi­ness Cor­po­ra­tion retain all right, title, and inter­est in and to the Web­site and all related con­tent, and noth­ing you do on or in rela­tion to the web­site or any of the related con­tent will trans­fer any Intel­lec­tual Prop­erty Rights to you or, except for the licence referred to in para­graph (b), licence you to exer­cise any Intel­lec­tual Prop­erty Rights unless this is expressly and fully stated.

(d) Except as pro­vided in these terms and con­di­tions, per­mis­sion to reprint or elec­tron­i­cally repro­duce the Web­site or any related con­tent in whole or in part for any other pur­pose is expressly pro­hib­ited, unless prior writ­ten con­sent is obtained from Metro Food­cart Busi­ness Cor­po­ra­tion. You may con­tact us by email if you wish to obtain such con­sent.

(e) Sub­ject to applic­a­ble law and reg­u­la­tions, we may revoke the per­mis­sion referred to in para­graphs (b) and (d) at any time and may sus­pend or deny, in our sole dis­cre­tion, your access to all or any por­tion of the Web­site with­out notice.

4. Gen­eral restric­tions

In using the Metro Food­cart Busi­ness Cor­po­ra­tion web­site, you must not:

(a) pro­vide us with inac­cu­rate or incom­plete infor­ma­tion;

(b) vio­late any applic­a­ble laws and reg­u­la­tions, or use the web­site for any pur­pose that is unlaw­ful or pro­hib­ited by these terms and con­di­tions;

© imper­son­ate any per­son;

(d) dis­trib­ute viruses, cor­rupted files, or any other sim­i­lar soft­ware or pro­grams that may dam­age the oper­a­tion of any com­puter hard­ware or soft­ware;

(e) col­lect or store per­sonal data about other users of the Web­site; or

(f) engage in any other con­duct that inhibits any other per­son from using or enjoy­ing the web­site.

5. War­ranties and lia­bil­ity

(a) Metro Food­cart Busi­ness Cor­po­ra­tion war­rants that:

(i) the prod­ucts will com­ply in all mate­r­ial respects with any descrip­tions given by us on the web­site; and

(ii) pro­vided that you pay for any applic­a­ble freight charges and/or insur­ance charges, the prod­ucts will be deliv­ered to you in saleable con­di­tion (sub­ject to any defects described by us on the web­site prior to pur­chase).

(b) All express or implied war­ranties, rep­re­sen­ta­tions, state­ments, terms and con­di­tions relat­ing to these terms and con­di­tions, the Web­site or the prod­ucts that are not con­tained in these terms and con­di­tions, are excluded to the max­i­mum extent per­mit­ted by law.

© In par­tic­u­lar, and with­out lim­it­ing para­graph (a):

(i) while we endeav­our to pro­vide a con­ve­nient and func­tional Web­site, we do not guar­an­tee that your require­ments will be met or that your use of the web­site will be unin­ter­rupted, error free or that the Web­site or the server from which it oper­ates them are free of viruses or other harm­ful com­po­nents; and

(ii) we will not be respon­si­ble for any loss, cor­rup­tion or inter­cep­tion of data sent to or from our Web­site which occurs out­side of our com­puter sys­tems (such as those which occur while being sent over the inter­net). We rec­om­mend that you install and use an up-to-date anti-virus and fire­wall soft­ware on your com­puter.

(d) Noth­ing in this agree­ment excludes, restricts or mod­i­fies any term, con­di­tion, war­ranty, right or rem­edy implied or imposed by any statute or reg­u­la­tion which can­not law­fully be excluded, restricted or mod­i­fied, to pro­tect the pur­chasers of goods and ser­vices in var­i­ous cir­cum­stances.

(e) If any term, con­di­tion or war­ranty is implied into this agree­ment and we are able to limit your rem­edy for a breach of such a term, con­di­tion or war­ranty, then our lia­bil­ity for breach of the term, con­di­tion or war­ranty is lim­ited to one or more of the fol­low­ing at our option:

(i) in the case of the prod­ucts, the replace­ment of the prod­ucts or the sup­ply of equiv­a­lent prod­ucts, the repair of the prod­ucts, the pay­ment of the cost of replac­ing the prod­ucts or of acquir­ing equiv­a­lent prod­ucts, or the pay­ment of the cost of hav­ing the prod­ucts repaired; or

(ii) in the case of ser­vices, the sup­ply­ing of the ser­vices again, or the pay­ment of the cost of hav­ing the ser­vices sup­plied again.

(f) Sub­ject to our oblig­a­tions under the implied terms, con­di­tions or war­ranties referred to above, and to the max­i­mum extent per­mit­ted by law, our max­i­mum aggre­gate lia­bil­ity for all claims under or relat­ing to these terms and con­di­tions, the Web­site or the prod­ucts, whether in con­tract, tort (includ­ing with­out lim­i­ta­tion neg­li­gence), in equity, under statute, under an indem­nity, based on fun­da­men­tal breach or breach of a fun­da­men­tal term or on any other basis, is lim­ited to an amount equal to the greater of:

(i) Philip­pine Peso (as pre­scribed by law); and

(ii) the amounts paid by you to us as a result of the pur­chase of prod­ucts. In cal­cu­lat­ing our aggre­gate lia­bil­ity under this para­graph, the par­ties must include any amounts paid or the value of any goods or ser­vices replaced, repaired or sup­plied by us for a breach of the implied terms, con­di­tions or war­ranties referred to above.

(g) Sub­ject to our oblig­a­tions under the implied terms, con­di­tions or war­ranties referred to above, and to the max­i­mum extent per­mit­ted by law, we are not liable for, and no mea­sure of dam­ages will, under any cir­cum­stances, include:

(i) spe­cial, indi­rect, con­se­quen­tial, inci­den­tal or puni­tive dam­ages; or

(ii) dam­ages for eco­nomic loss, loss of prof­its, rev­enue, good­will, bar­gain, antic­i­pated sav­ings or loss or cor­rup­tion of data, whether in con­tract, tort (includ­ing with­out lim­i­ta­tion neg­li­gence), in equity, under statute, under an indem­nity, based on fun­da­men­tal breach or breach of a fun­da­men­tal term or on any other basis, whether or not such loss or dam­age was fore­see­able and even if advised of the pos­si­bil­ity of the loss or dam­age.

(h) Our lia­bil­ity to you is reduced to the extent that your acts or omis­sions (or those of a third party) con­tribute to or cause the loss or lia­bil­ity.

6. Vari­a­tion of the web­site

Metro Food­cart Busi­ness Cor­po­ra­tion may from time to time and with­out notice, vary, mod­ify or dis­con­tinue, tem­porar­ily or per­ma­nently, any or all of the web­site (includ­ing the prod­ucts avail­able and the prices payable for such prod­ucts).

7. Links and adver­tise­ments

We have not reviewed any of the sites linked to the web­site and are not respon­si­ble for the con­tent or accu­racy of any off-site pages or any other sites linked to the Metro Food­cart Busi­ness Cor­po­ra­tion Web­site. The inclu­sion of any link does not imply that we endorse the linked site.

8. Pri­vacy pol­icy

In using the Web­site, you may give us per­sonal infor­ma­tion in which you have cer­tain rights. By using the web­site, you grant us con­sent to use your per­sonal infor­ma­tion in accor­dance with our pri­vacy pol­icy which forms a part of these terms and con­di­tions.

9. Force majeure

Nei­ther party will be liable for any delay in per­form­ing any of its oblig­a­tions under these terms and con­di­tions if such delay is caused by cir­cum­stances beyond the rea­son­able con­trol of that party.

10. Use of Metro Food­cart Busi­ness Cor­po­ra­tion web­site

10.1 No adver­tis­ing

You will not use this Web­site as an adver­tis­ing forum or for any com­mer­cial pur­poses. Any posts which in our opin­ion amount to adver­tis­ing will be imme­di­ately removed at our sole dis­cre­tion. Any posts that refer in any way to com­pa­nies that com­pete with Metro Food­cart Busi­ness Cor­po­ra­tion shall be removed with­out notice.

10.2 Copy­right

Metro Food­cart Busi­ness Cor­po­ra­tion reserves the right to use any data posted on the web­site in its orig­i­nal or edited form in our adver­tis­ing mate­r­ial, in-house newslet­ters or any other mate­r­ial we pub­lish and for this pur­pose you agree to grant to us royalty-free and irrev­o­ca­ble per­mis­sion to repro­duce and the right to down­load and print any mate­r­ial that you have posted. In doing this, we aim to pro­tect the pri­vacy of our fran­chisees and will only use franchisee’s user names adopted for use in the web­site account, not the names stored in our data­base.

10.3 Removal of posts

We reserve the right to remove any posts we deem to be inap­pro­pri­ate. This may be due to the pro­mo­tion of dan­ger­ous med­ical prac­tices; insen­si­tive com­ments; posts that are abu­sive, vul­gar, threat­en­ing, harass­ing, libelous, defam­a­tory, obscene, an inva­sion of pri­vacy, in vio­la­tion of intel­lec­tual or other prop­erty rights, or oth­er­wise vio­late any law or due to any other rea­son which in our opin­ion jus­ti­fies or war­rants removal.

10.4 Mul­ti­ple Posts

We reserve the right to remove mul­ti­ple iden­ti­cal posts posted to the web­site.

11. Gen­eral

(a) If any part of these terms and con­di­tions is held to be unen­force­able, the unen­force­able part is to be given effect to the great­est extent pos­si­ble and the remain­der will remain in full force and effect.

(b) These terms and con­di­tions are gov­erned by the laws of the Repub­lic of the Philip­pines, and you irrev­o­ca­bly sub­mit to the exclu­sive juris­dic­tion of the courts of the Philip­pine Repub­lic.

© These terms and con­di­tions con­sti­tute the entire agree­ment between us and you in rela­tion to the Web­site and super­sede all other (prior or con­tem­po­ra­ne­ous) com­mu­ni­ca­tions or dis­plays whether elec­tronic, oral, or writ­ten, between us and you in rela­tion to the Web­site.

(d) Your use of the Web­site is con­ducted elec­tron­i­cally and you agree that we may com­mu­ni­cate with you elec­tron­i­cally for all aspects of your use of the Web­site, includ­ing send­ing you elec­tronic notices.

(e) The pro­vi­sions of these terms and con­di­tions which by their nature sur­vive ter­mi­na­tion or expiry of these terms and con­di­tions will sur­vive ter­mi­na­tion or expiry of these terms and con­di­tions.

If you have any ques­tions regard­ing secu­rity, please con­tact your cus­tomer ser­vice rep­re­sen­ta­tive or enquire within the Metro Food­cart Busi­ness Cor­po­ra­tion web­site.