Terms and Conditions
Effective Date: December 24, 2020
These Terms and Conditions (“Terms”) govern your use of the websites and mobile applications provided by Carabuy.co (or referred to as “us”) (collectively the “Platforms”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CARABUY.CO. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.
Through our Platforms, Carabuy.co links you to the partner stores (“Stores”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items ("Goods") to be delivered to you. When you place an order for Goods from our Stores (“Order”), Carabuy.co acts as a middle man on behalf of that Store to facilitate, process and conclude the order and subsequently for our Partner riders to deliver your Orders to you. For further inquiries, you may reach out to us through our email [email protected] or via our live support chat feature in the website.
2 CARAMOVE SERVICES
2.1. The purchase of Goods from Stores on ‘CaraMove Services’ on the Platforms, are subject to these Terms. Additionally, you agree to comply with any and all the guidelines, notices, operating rules and policies and instructions in availing the “CaraMove Services” which are forms of these Terms.
2.2. Due to delivery constraints, Carabuy.co may be required to impose a maximum on the amount or weight of your Order or limit the quantities of Goods in your Order for “CaraMove Services” in its sole discretion. Carabuy.co may reserve the right to accept/decline requests on special deliveries where it is improbable or impossible in the capacity of our available partner riders to proceed with the delivery.
2.3. Unless otherwise stated, all “CaraMove Services” shall be subject to the stores cancellation, refund and returns policy.
3 UTILIZATION OF PLATFORM AND ACCOUNT REGISTRATION
3.1. Registration of account is not necessary for orders to take place but customers are encouraged to sign up so they can form part of the mailing list in cases where promotions or announcements of platform update or improvement takes place. When you register for a Carabuy.co account you will be requested to provide your personal data including a valid email address, a mobile phone number and a unique password. Unique passwords should not be divulged to any other individual so as to mitigate account hacks and other activities in the platform which you may not be consenting to. We are in the belief and assumption that all Orders made in the Platform are either made by you, personally, or is permitted by you and is your sole responsibility.
3.2. All Orders completed shall be deemed in its full form upon checkout and shall be the basis of Carabuy.co with a separate cross verification through email from the platform or a call from any of our agents to ensure validity and completion of order prior to placing in to our Stores. Carabuy.co shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
3.3. If you wish to delete your Carabuy.co account, you may send us an email requesting the same or prompt us using the messenger feature in the Platform. Furthermore, we may restrict, suspend or terminate your Carabuy.co account and/or use of the Platforms, if we reasonably believe that:
3.3.1. a person apart from you is accessing, handling and/or manipulating your Carabuy.co account; or
3.3.2. in the event where you are suspected or discovered to have been involved in breach of these Terms, our policies and guidelines, or in any form of abusive activity of the Platform that we, in our capacity as administrators and under our sole discretion, deem us such.
4 RESTRICTIONS AND PROHIBITIONS
4.1. Carabuy.co reserves the right to investigate and take appropriate legal action against anyone who, in Carabuy.co's sole discretion, engages in any of the prohibited activities indicated but are not limited to;
4.1.1. using the Platforms for any purpose not in adherence to local, provincial, or national laws or regulations;
4.1.2. posting any content that oversteps the rights - intellectual property, privacy, publicity, trade secret, etc. of any party;
4.1.3. posting any content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing or in any way impeding a serene transaction or activity in the platform to any other person or entity as determined by Carabuy.co in its sole discretion or pursuant to RA 10627 and its implanting rules and regulations.
4.1.4. posting private data such as but not limited to telephone numbers, street addresses, or last names of any person pursuant to RA 10173 and its implementing rules and regulations;
4.1.5. posting anything that may be “spam,” or that of which is unsolicited or not essential in the pursuit of the activity as determined by Carabuy.co in its own capacity;
4.2. Carabuy.co reserves the right but is not obligated to do any or all of the following:
4.2.1. investigate a claim that any content indicated on the Platforms are in non-conformity to these Terms and determine in its sole discretion to remove or request the removal of the content;
4.2.2. filter and remove content which is abusive, unlawful, or unruly, or that otherwise are not in adherence to these Terms;
4.2.3. suspend or terminate access to the Platforms or their Carabuy.co Account upon any breach of these Terms;
5 INTELLECTUAL PROPERTY
All trademarks, logos, images, and service marks, as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Carabuy.co and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. Carabuy.co neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Carabuy.co. Use of any materials on the Platforms is at your own risk.
6.1. When you place an Order with Carabuy.co, Carabuy.co will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
6.2. Special Instructions or Notes – Carabuy.co and the Store reasonably strives to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially sound, Carabuy.co and/or the Store reserve the right to proceed to prepare and place the Order adhering to standard operating procedures. Neither Carabuy.co nor the Store shall be responsible to replace or refund an Order which does not conform to special instructions provided by you in this particular case.
6.3. Allergens – Carabuy.co is not obligated to provide ingredient information or allergen information on the Platforms. In addition, Carabuy.co does not guarantee that the Goods sold by Store are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Store before placing an Order on our Platforms.
6.4. To complete an Order, please follow the onscreen instructions after clicking ‘Proceed to Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and coupon codes (if applicable) is true, accurate and complete before you click “Place Order”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.
6.5. If you wish to cancel your order after it has been placed, please contact us immediately via our messenger feature. This is only possible in cases wherein the Store have not yet accepted your Order.
6.5.1. On Refunds
18.104.22.168. Direct Bank Transfer Orders – You have the right to a refund for a cancelled Order only if a Store has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Store, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.
22.214.171.124. Cash-on-Delivery Orders – You have the right to cancel your Order only if a Store has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Store, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.
6.6. Carabuy.co reserves the right to cancel any Order and/or suspend, deactivate or terminate your Carabuy.co account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Carabuy.co account and/or with your Order.
7 PRICES AND PAYMENTS
7.1. Prices quoted on the Platform shall be displayed using the Philippine currency and are inclusive of VAT. Prices and offers on the Platforms may vary from the usual pricing schemes of our Stores in their physical locations or through their own social media accounts or owned websites, if any.
7.2. The prices of our Goods indicated in our Platform are based on the pricing list provided by the Stores and shall be presented in the Platform inclusive of VAT. A breakdown of the prices and additional charges are displayed before clicking “Proceed to Checkout”. Upon clicking “Place an Order”, you confirm that all amounts, additional charges and the final ‘Total’ amount displayed to you constitutes your Order.
7.3. Rider handling and delivery fees are chargeable on every Order in all cases except when:
7.3.1. you have a valid promotional or discount coupons and apply it at Checkout;
7.3.2. when expressly stated.
7.4. Prices indicated on the Platforms are as at the time of each Order and may be subject to change overtime without prior notice.
7.5. Payment options on the Platform are as follows:
7.5.2. Direct Bank Transfer;
7.5.3. Such other payment method we offer from time to time.
7.5.4. If you have valid promotional or discount coupons, you can use this pay for part or all of your Order as the case may be. Coupons personally provided/awarded to customers by Carabuy.co maybe converted to CaraPoints which may also be used to purchase in the Platform
7.6. After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt.
8.1. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure. Currently, Carabuy.co offers its services for Solano, Bayombong, Villaverde and Quezon, Nueva Vizcaya for deliveries from stores situated in Solano, Nueva Vizcaya and to Solano and Bayombong for deliveries from stores situated in Bayombong, Nueva Vizcaya. Carabuy.co reserves the right to accept or decline orders which our partner riders may not be able to reach during the commencement of operations through proper communication or customer relations.
8.2. Carabuy.co shall deliver your Order to the delivery address provided by you. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the status of an Order when you click on Account > Orders on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
8.3. In cases where we attempt to deliver an Order but are unable to do so due to the reasons caused by you which includes but not limited to cases where:
8.3.1. no one was present or available to receive the Order;
8.3.2. customer cannot be reached despite attempts to reach the customer via the phone number provided; (Note: If you remain uncontactable or fail to receive the Order within fifteen (15) minutes from the time the Order arrives at your delivery address, Carabuy.co reserves the right to cancel the Order without refund or remedy to you, and shall leave a trace for possible termination or disablement of account in cases where Cash on Delivery payment method is used.)
8.3.3. lack of appropriate or sufficient access to deliver the Order successfully upon full exhaustion of efforts by Carabuy.co and its Partner Riders;
8.3.4. lack of a suitable or secure location, if indicated as per special instructions, to leave the Order.
8.4. Upon receipt of your Order, if you discover that there are concerns to be acted upon with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.1 above immediately. In some cases, Carabuy.co may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
9 COUPONS, DISCOUNTS & PROMOTIONS
9.1. From time to time, Carabuy.co may run marketing and promotional campaigns which offer coupon codes, discounts, and other promotional offers to be used on the Platforms (“Coupons”). Coupons are subject to validity periods, redemption periods, and in certain cases, may only be used once, which shall be expressly stated upon receipt should in any case that you are awarded or shall be given the privilege to receive one.
9.2. Coupons may not be valid when used in conjunction with other promotions, discounts or other coupons. Additional terms and conditions may apply to them.
9.3. Coupons shall only be used on our Platforms and cannot be exchanged for cash but may be converted into CaraPoints.
9.4. Carabuy.co reserves the right to void, discontinue or reject the use of any Coupons without prior notice. Individual Stores terms & conditions apply;
9.5. Coupons should be used in whole when applied in the system;
9.6. Carabuy.co may exclude certain Stores from the use of Coupons at any time without prior notice to you.
9.7. CaraPoints shall also be available in the platform for users to apply as a discount prior to checkout and is not or may not be converted into Cash and shall only be used at Carabuy.co Platform.
10 DEPICTIONS, WARRANTS & OBLIGATIONS’ CONSTRAINTS
10.1.Depictions – Upon agreement of these Terms, you accept and approve that the details on the Platform are provided as how they are presented by the Stores, however depictions may vary to cater with the delivery needs of each item as some graphics may indicate instore food appearance. Your dependence on the representations of our Goods and Services shall be at your own discretion and risk.
10.2.Warrants – While Carabuy.co makes practical exertions to guarantee that our Platforms and the services we offer are readily available at all times, we do not give further warranty or assurance that our Platforms shall be provided in a manner which is opportune, safe, error-free (may be in through technical flaws or website information), undisturbed or free of defects or viruses. Moreover, interruptions shall be made temporarily from time to time in efforts of maintenance, or in ways that are not under our control such as internet or electronic communications failure or a natural phenomenon impeding our connections.
10.3.Obligation Constraints – CARABUY.CO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CARABUY.CO, EVEN IF CARABUY.CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.4.Store’s Depictions - Carabuy.co shall neither be liable for actions or omissions of the Store nor you in regard to provision of the Goods. Carabuy.co does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by the Store or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Store’s listing/offering on the Platform. Nothing in these Terms shall exclude Store’s liability for death or personal injury arising from Store’s gross negligence or willful misconduct.
11.1.You agree to indemnify and hold Carabuy.co and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:
11.1.1. your use of the Services or Goods obtained through your use of the Services;
11.1.2. your breach or violation of any of these Terms;
11.1.3. Carabuy.co's use of your user details; or
11.1.4. your violation of the rights of any third party, including Third Party Providers.
12 PARTNERS’ LIABILITY
12.1.Stores – Stores are responsible for the preparation, condition and quality of Goods and shall be passed on to the Rider on duty for proper delivery of the Order. Carabuy.co shall not be liable for any loss or damage arising from your contractual relationship with the Store.
12.2.Riders – Riders shall be accountable with the delivery of Goods and are required to handle as per requested guidelines or instructions of the customer or in the normal standard of handling the Goods when no statements are provided. Cara