this Platform or the Services.
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made
available by us for your specific use.
General use of Services and/or access of Platform
Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform
Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform or Services for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
(d) post, promote or transmit through the Platform or Services any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Platform or Services;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
(g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3 Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
Terms & Conditions of Sale: Purchases of any Frozen Product would be subject to the Terms & Conditions Of Sale.
Use of Services
Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services.
(a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
(b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
Prices of Products: We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners
Our limitation of responsibility and liability
No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;
(b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
Your submissions and information
Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your clicking on the appropriate hyperlink in any promotional e-mail.
Frabelle MarketPlace may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.
COLLECTION OF PERSONAL DATA
We may obtain your Personal Data from various sources (e.g. from you or through third parties), including:
1. Information obtained (directly or indirectly) when you register as a user of Frabelle MarketPlace, including your name, address, telephone number, email address and device information (collectively, “Registration Information”).
2. Information obtained (directly or indirectly) during your use of the Frabelle MarketPlace, including your bank account numbers, billing and delivery information, billing address, transaction data, credit/debit card numbers and expiration dates and other information from cheque or money orders (collectively, “Account Information”).
3. Registration Information, Account Information or other information may be accessed or collected (automatically or manually) during your registration as a user of the Frabelle MarketPlace and/or during the course of your use of the Frabelle MarketPlace
The above information obtained by us may constitute your Personal Data. We have taken steps to ensure that we do not collect more information (whether or not such information constitutes Personal Data) from you than is necessary for us to provide you with our services, to perform the functions set out in the Data Privacy Notice, to protect your account, comply with our legal obligations, protect our legal rights, and to operate our business.
USE OF PERSONAL DATA
We may use the Personal Data that we obtain about you for the following purposes:
1. Verifying your identity, including during your registration as a user of the Frabelle MarketPlace.
2. Verifying your eligibility to register as a user of the Frabelle MarketPlace or to use any of the features and functions of the Frabelle MarketPlace
3. Processing your registration as a user, allowing you to log-in using your Frabelle MarketPlace log-in ID, and maintaining and managing your registration.
4. Providing you with Frabelle MarketPlace and related customer services, including facilitating the settlement of purchase price for goods and services, shipping and related services for purchases, charge-backs, sending notices about your transactions, and responding to your queries, feedback, claims or disputes.
5. Managing risk, performing creditworthiness and solvency checks, or assessing, detecting, investigating, preventing and/or remediating fraud or other potentially prohibited or illegal activities and otherwise protecting the integrity of our payment platform.
6. Detecting, investigating, preventing or remediating violations of the Terms and Conditions, any applicable internal policies, relevant industry standards, guidelines, laws or regulations.
10. Making such disclosures as may be required by any law or regulation of any country applicable to us or our affiliate, government official or other third party, including any card association or other payment network. Disclosures may also be made pursuant to any subpoena, court order, regulatory requests or other legal process or requirement in any country applicable to us or our affiliate.
11. Making any disclosure to prevent any harm or financial loss, to report any suspected illegal activity or to deal with any claim or potential claim brought against us or our affiliates.
12. Enabling any due diligence and other appraisals or evaluations for actual or proposed merger, acquisition, financing transactions or joint ventures.
13. Any other legitimate business purposes, such as protecting you and other users of Frabelle MarketPlace from losses, protecting lives, maintaining the security of our systems and products, and protecting any of our other rights and/or properties.
We may also use your Personal Data in other ways for which we provide specific notice at the time of collection or for which you have subsequently consented.
DISCLOSURE OF PERSONAL DATA
Your Personal Data held by Frabelle MarketPlace will be kept confidential but Frabelle MarketPlace may provide such information to the following parties for the purposes set out in the Data Protection Notice subject to all relevant data privacy regulations such as the Data Privacy Act of 2012 and its implementing rules and regulations:
1. Frabelle MarketPlace’s wholly or partly owned group companies.
2. Frabelle MarketPlace and other members of the Frabelle Group.
a. Any agent, contractor or third party service provider that we work with in providing you with our services, including for fraud prevention, bill collection, data entry, database management, promotions, marketing, customer service, technology services, products and services alerts and payment extension services.
3. Entities with whom Frabelle MarketPlace maintain business referral or other commercial arrangements, including third parties and entities belonging to the Frabelle MarketPlace Group.
4. Merchants and other organizations, such as card associations, payment networks or financial institutions
5. Third party financial institutions, banks, collection agents, and credit agencies.
6. Professional advisers, law enforcement agencies, insurers, government and regulatory authorities or any other organizations to which Alipay is under an obligation to make disclosures under the requirements of any applicable law, regulation or commercial arrangement, including arrangements with any card association or payment network.
7. Entities involved in any merger, acquisition, financing transaction or joint venture with us.
SECURITY MEASURES AND RETENTION
We take all reasonable steps, including technical, administrative and physical safeguards, to help protect your Personal Data that we process from loss, misuse and unauthorized access, disclosure, alteration and destruction.
We will retain and procure our service providers to retain your Personal Data only for so long as is necessary for the purposes set out in this notice and in accordance with all applicable laws and regulatory requirements.
We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not save your log-in information (e.g., user ID and password) on that shared computer.
If you wish to contact us, including if you wish to exercise any rights you may have under applicable law (such as exercising any right to opt-out of data processing), please do so by contacting the Data Protection Officer by the following means:
Frabelle MarketPlace may charge a reasonable fee for processing any of your requests if permitted by applicable law.
1. Frabelle MarketPlace may collect information from the Users in the course of their use of the Tools. Such information may include personal information such as photographs, date of birth, names, and usernames that a User may upload, provide or use.
2. Any personal information that Frabelle MarketPlace collects may be used by it, or shared with or transferred to third parties (including related companies, third party service providers, and other Users), for any or all of the following purposes:
(ii) to facilitate the administration of the Tools and any rewards associated with the Tools; and
(iii) to otherwise facilitate the use of the Tools.
Acceptance of Terms and Conditions
1. The following Platform Engagement Tools Terms & Conditions (the “Platform Terms”) govern the use of the platform engagement tools and other related services (collectively, the “Tools” and, each a “Tool”) provided by Frabelle MarketPlace
3. The use of the Tools may be subject to additional terms (“Additional Terms”) that Frabelle MarketPlace may prescribe from time to time. In relation to any Tool, the Additional Terms that govern the use of such Tool shall be made accessible via such Tool. If you do not agree to any of the Additional Terms, you should discontinue your use of the Tools that are subject to those Additional Terms.
Warranties and Liability
1. Frabelle MarketPlace offers the Tools within the context of its technical and operational capabilities
2. Unless expressly set out in these Platform Terms or the relevant Additional Terms, to the fullest extent permitted by law, neither Frabelle MarketPlace nor any of its service providers or affiliates makes any warranty (whether express or implied), representation or undertaking about the Tools (including, without limitation, their accuracy, availability and reliability), any software or hardware used with the Tools, any application or feature accessed by a User using the Tools, or the reliability or quality of the underlying telecommunications network accessed by such User using the Tools.
3. The Tools are provided on an ‘as is’ and ‘as available’ basis, and their availability is subject to the availability, functionality and reliability of resources used to provide the Tools (including, without limitation, the Platform, systems and the relevant third party tools), downtime and lack of availability (whether for technical reasons, required maintenance work, or otherwise), as well as events, circumstances or causes beyond Frabelle MarketPlace 's reasonable control.
4. To the fullest extent permitted by law, Frabelle Market Place shall not be responsible to any User for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or relating to such User's use of, or inability to use, the Tools (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Platform Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Tools, and (iii) any loss of data or damage to any software or hardware used by such User to access the Tools.
Notices from us: All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
Purchase of Products
Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Frabelle MarketPlace (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Frabelle MarketPlace reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Submit Order button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you.
Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Frabelle MarketPlace within six months from the date of delivery, or from the scheduled delivery of the Product.
Frabelle MarketPlace shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor’s implied or express warranty on the Products;
Unless the prior written consent of Frabelle MarketPlace has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
Delivery of Products
Address: Delivery of the Products shall be made to the address you specify in your Order
Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.
Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.
Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller’s fault) , the Seller would not be held liable for any loss, damage, or deterioration of the product/s.
Prices of Products
Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform). Frabelle MarketPlace is determined to provide the most accurate pricing information on the platform to its customers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, the marketplace reserves the right to refuse or cancel any order. In the event that an item is mispriced, Frabelle MarketPlace may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Frabelle MarketPlace shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
General: You may pay for the Product using any of the payment methods prescribed by the market place from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract.
Additional terms: The payment methods may be subject to additional terms as prescribed by the market place from time to time.
Refund of Payment:
All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds may be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us.
We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy.
Permitted returns: within two days, depending on the product, from the date of delivery of the Product, you may return a Product when you:
1. receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;
2. receive a faulty or damaged Product;
3. receive a product that is not as advertised on the platform;
4. wrong item is delivered;
5. receive a product that has missing parts/items; or
Replacement Products: When FrabelleMarket has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller. No replacement or return for products that the Buyer fails to receive at the place, time and date indicated in the order.
Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller has tendered delivery of the Products.
Questions and complaints
If you have any questions or complaints, please contact Frabelle MarketPlace customer service via live chat on the Platform or email firstname.lastname@example.org
Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
Warranties: The implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.
No waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.
Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.
Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Philippines.
All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause.
The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.
Injunctive relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
Currency: Money references under these Terms & Conditions of Sale shall be in Philippines Pesos.
Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.
Force Majeure: Frabelle MarketPlace shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Seller’s reasonable control.