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.
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.
(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;
(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.
(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.
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.
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.
(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.
(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.