The following are the Terms and Conditions that constitute our Terms of Service (the “Agreement”).
I. General
1.1. By accessing, using, and availing the Services of the Website (www.masapbuy.com.ph) and masapbuy apps (the “Platforms”), owned and operated by MASAPBUY, INC.(“MASAPBUY”), you agree to be bound by the terms and conditions set forth below. If you do not agree to be bound by this Agreement, or if you need more time to review and consider this Agreement, please leave the Platforms immediately. MASAPBUY only agrees to provide the use of the Platforms and their Services to you if you assent to this Agreement.
1.2. MASAPBUY reserves the right to amend this Agreement at any time without prior notice to you, you agree that it is your responsibility to review these terms regularly, before and during your transaction with us.
1.3. By using the Platforms and their Services, you represent, warrant and undertake that you have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old or if you do not have the legal capacity to enter into this Agreement;
II. Intellectual Property
2.1 The Platforms, including all content features in the Platforms including all text, graphics, images, logos, trademarks, and the link (the “Content”), and Services provided by MASAPBUY are the property of MASAPBUY. You agree that MASAPBUY owns all rights, titles, interests in, and to the content and that you will not use the Content for any unlawful or infringing purpose.
2.2. Subject to this Agreement, MASAPBUY grants you a non-exclusive, limited, transferrable, and revocable license to use the Content solely in connection with your use of the Platforms and Services. The Content may not be used for any other purpose, and this license terminates upon your cessation of the use of the Platforms or Services or at the termination of this Agreement.
2.3. You agree not to reproduce or distribute the Content in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from MASAPBUY.
III. User Accounts and Obligations
3.1. Some content on the Platforms may only be accessed by the User by registering with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also be required to provide personal information, including, but not limited to:
Your First Name;
Your Last Name;
Email Address; and
Address.
3.2. You are responsible for ensuring the accuracy of the above-mentioned information. You agree to change your password from time to time. You also agree to keep your user identifier and password confidential and that you will not share such identifying information with any third party. If you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You undertake that you will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that MASAPBUY may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, MASAPBUY has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice.
IV. Third-Party Links
4.1. You acknowledge MASAPBUY may, from time to time, include links or references to other websites, other content, or other materials (“Third-Party Links”), none of which are controlled by MASAPBUY.
4.2. Third-Party Links are provided for your information only, and MASAPBUY does not make any representations, warranties, or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality, or suitability for a particular purpose of these Third-Party Links. We do not endorse, approve, or support these Third-Party Links.
4.3 You use the Third-Party Links at your own risk.
V. Exclusion of Liability
5.1. The Platforms and its Content are provided for general information only and may change at any time without prior notice. You accept and acknowledge that the Platforms, Service, Goods, or Services may contain mistakes, errors, and inaccuracies. Your use of the Platforms, Content, and information or documentation that MASAPBUY may provide to you in connection with your use of the Goods, Services, or Products including documentation, data, and information developed by MASAPBUY, and other materials which may assist in your use of Goods and Services or Platforms (collectively, the “Materials), is entirely at your risk. It is your responsibility to make sure that any Goods, Services, Materials, Content, or other information available through the Platforms or Service suit your particular purpose.
5.2. Neither MASAPBUY, nor any third parties provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Platforms, Goods, or Services.
5.3. To the maximum extent permitted by law, MASAPBUY hereby excludes any liability in relation to loss of data, interruption, to MASAPBUY’s business, or any damages which are incidental to, or arise from such loss of data or interruption of business.
5.4. To the maximum extent of the law, MASAPBUY will not be liable for any damage, loss, cost, or expense including legal costs and expenses, whether direct or indirect, incurred by you in connection with your use of the Platforms, Goods, or Services.
VI. Partner Vendor Warranties and Undertaking
As a Partner Vendor, you warrant and undertake that:
1. You shall add your products to appear in the masapbuy app;
2. You must hold a business registration and other permits/documents as may be required by the relevant authorities;
3. You shall be responsible for providing your own mobile device and mobile data which must be running in Android or IOS software;
4. You shall comply with the policies, core values and regulations of MASAPBUY to the best of your abilities while providing the service;
5. You agree that verbal or sexual harassment, threats, intimidation and all kinds of behavior that violates the law are not tolerated by MASAPBUY;
6. You agree that fraudulent transactions/orders (self-inflicted fake buying) to get payments from picked-up orders are strictly prohibited. In the event that your business has been flagged with questionable orders, your account will be deactivated until investigation is ongoing;
7. You shall be responsible in updating the availability/stocks of your products to avoid order cancellations. In the event that you have reached 3 cancelled Paid Orders, your account will be temporarily disabled for a minimum of Seven (7) Days;
8. You agree that the item(s) in the order is/are your sole responsibility. Thus, you agree that the items during pick-up are complete and in good condition; and
9. You agree that this term does not in any way create an employee – employer relationship.
VII. Partner Driver Warranties and Undertaking
As a Partner Driver, you warrant and undertake that:
1. You shall provide service as driver for MASAPBUY;
2. You shall collect the payment for Cash on Delivery from the customer upon completion of booking. Failure to collect the payment will result to no delivery commission;
3. You shall bear the costs and expenses relating to your motorcycle including but not limited to procurement of parts, repair and maintenance, gasoline, parking & toll fees. Any fine or fees for citations or violations shall be for the account of the Partner Driver;
4. You must hold a valid ID and a driver’s license at all times and other permits/documents as may be required by the relevant authorities;
5. You shall be responsible for providing your own mobile device and mobile data which must be running in Android or IOS software;
6. You shall comply with the policies, core values and regulations of MASAPBUY to the best of your abilities while providing the service;
7. You must not accept dangerous or illegal items for delivery, and/or perform special requests that are not part of the booking;
8. You must practice proper hygiene at all times. Wearing a facemask, disinfecting regularly and physical distancing are strictly implemented;
9. You must be alcohol-free and drug-free while performing MASAPBUY services. In the event that a customer reports that you are under the influence, the driver account will be suspended for a minimum of Thirty (30) Days;
10. You agree that verbal or sexual harassment, assault, rape, murder, kidnapping, stealing, threats, intimidation and all kinds of behavior that violates the law are not tolerated by MASAPBUY;
11. You agree that fraudulent transactions/delivery to get more commissions are strictly prohibited. In the event that your account has been flagged with questionable bookings, your driver account will be deactivated and remaining earnings will no longer be available for withdrawal;
12. You agree that the items for delivery is your sole responsibility. Thus, you agree that any lost or damage on the Items for delivery shall be paid, replaced, and/or shouldered by you; and
13. You agree that this term does not in any way create an employee – employer relationship.
VIII. Customer Warranties and Undertaking
When you use the Platforms and their Services, you warrant and undertake that:
1. Your use of the Service and Platform is, unless otherwise allowed by MASAPBUY, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor“), in which case you shall assume primary responsibility of the Minor;
2. You shall not contact our Partners for purposes other than the Service.
3. You shall not intentionally or unintentionally cause or attempt to cause damage to our Partners or any property of our Partners.
4. You shall pay for the Total Amount of your order upon delivery if Payment Method is Cash On Delivery; and
5. Upon receipt of the order, You shall inspect them for defects without undue delay. Issues must be raised immediately within 30 minutes otherwise invalid.
IX. Lost or Damaged Items
The Items for delivery are the sole responsibility of the Partner Driver. MASAPBUY takes no responsibility for items that are lost or damaged during delivery. If Items are damaged during delivery, please Contact Us using the details at the end of this Agreement to resolve the issue.
X. Payments
MASAPBUY accepts the following methods of payments through the Platforms:
1. Cash On Delivery;
2. Bank Transfer;
3. GCash;
4. Credit Card; and
5. The MASAPBUY Wallet, which can be loaded via Offline Payment (Bank Transfer)
XI. Refund Policy
Cancelled orders which are already paid thru GCash, Credit Card or Bank Transfer will be automatically refunded to the MASAPBUY Wallet Balance. Customers can use the wallet balance for payment of new orders or request for withdrawal which will be processed in 1 to 2 business days.
XII. Privacy
MASAPBUY takes our responsibilities to protect your Personal Data very seriously. We are very committed to protecting your right to privacy. Please refer to our Privacy Policy for further information about the information we collect, how we use it and store it, and your rights in relation to it.
XIII. Indemnity
By visiting, creating an account, logging in, and/or accessing our Platforms, you agree to indemnify, defend and hold harmless MASAPBUY from and against any loss, cost, or damage, of any kind.
XIV. Other Action
MASAPBUY reserves the right to take any of the following actions in MASAPBUY’s sole discretion:
14.1. Determine whether or not you have breached this Agreement;
14.2. Review any allegations about breaches of this Platforms or Service, and determine in MASAPBUY’s sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches; and
14.3. Determine in our sole discretion whether to terminate your or another user’s access to any particular section or sections of the Platforms.
XV. Spam Policy
You are strictly prohibited from using the Platforms or any of MASAPBUY’s Services for spam activities including gathering email addresses and personal information from others or sending any mass commercial emails.
XVI. Contact Us
If you have any questions about this Privacy Policy or the way we collect information from you, or if you would like to launch a complaint about anything related to this Privacy Policy, you may contact us at the following email address:
Email: [email protected]
Contact Number: +639297710653