These
are the Terms and Conditions for your use of this Site and your
CloudKart account. Please read carefully before using this site
and/or creating a CloudKart account. By accessing the Site, you agree
to be bound by these Terms and Conditions.
This
Service may be used only by individuals above eighteen (18) years old
and can go into legally binding contracts under Philippine Laws.
1. Definition
of Terms
User,
You: the individual who is using or
making a purchase in the Site.
CloudKart,
We: CloudKartph Corporation, a corporation duly organized and existing under and by virtue of
the laws of the Republic of the Philippines.
Account:
your CloudKart account
Personal
Data: information provided by the User
in the Site that may be used to identify him/her.
Rider:
the personnel authorized to deliver the
orders
Site refers
to the CloudKart online platform / website / app
2. Account
Information and Privacy
Please
provide accurate and complete information.
We
will collect your Personal Data including your name, contact
information, address and other personal information in order to
process and fulfill your order. We will share your Personal Data
only with authorized CloudKart employees on a need to know basis.
When
you create an Account, your email address will serve as your
username and you must nominate your own unique password. You are
solely responsible for protecting your Account. You shall be
responsible for all transactions made using your Account.
3. Products
All
descriptions of products are subject to change without notice, at
our sole discretion.
The
pictures for each product are as close to actual as possible, but we
do not guarantee that it will be exactly the same as the one
delivered to you.
CloudKart
reserves the right to discontinue any product at any time.
We
make every effort to display up-to-date availability of products on
our Site but we do not guarantee that it will always be error-free.
We shall not be liable for any errors in the availability of
products on our Site.
4. Pricing
and Fees
We
make every effort to display correct and up-to-date prices on our
Site but we do not guarantee that it will always be error-free or
updated. We shall not be liable for any errors in the pricing on our
Site.
Fees
to be charged will be as follows:
Delivery
Fee: a minimal fee for the delivery of the purchased items to the
Buyer
Service Fee (if applicable): a minimal fee for the use
of 3rd party
payment platforms
5. Payments
Payments
of the orders shall be made in Philippine Peso. CloudKart accepts
the following payment methods:
Bank
Transfers (through BPI, BDO, Metrobank and Eastwest Bank)
GCash
Paymongo (through Credit Card and Debit Card)
Transactions
done through bank transfers and Paymaya are subject to the terms and
conditions of these 3rd
parties.
All
CloudKart orders should be fully paid for, before we can confirm
your order for delivery. After Check Out, you will be asked to
upload a proof of payment, which we will first manually verify
before confirming your order for delivery.
If
the proof of payment uploaded is invalid, you will be notified and
you will be asked to send the correct proof of payment or
change your payment method.
We
take no responsibility for any loss or damages to Buyer arising from
any information entered by Buyer in connection with the payment for
the items purchased.
6. Deliveries
Delivery
Areas
For now, CloudKart only delivers to Cebu City, Mandaue
City and Lapu-Lapu City. We will only accept and process orders
within our delivery area coverage.
Delivery
Schedule and Address
We make every effort to deliver your orders within
the day, as long as your payment has been verified by 3:00pm.
All orders received and payments verified after this cut-off time
will be delivered on the next day. However, we shall not be liable
for any delay caused by incorrect address and circumstances beyond
our control such as but not limited to weather, traffic,
transportation strike and other unforeseen event/s.
In case your delivery address is not accessible, we
will contact you to come up with an alternative location and time.
You may request to have your order re-delivered within the day or
by next working day, but you will have to pay an additional
delivery fee (depends on the new delivery location) and be subject
to availability of rider. If we are not able to contact you
through your registered mobile number, CloudKart reserves the
right to forfeit your payment in our favor.
You can no longer change your delivery address and
delivery schedule once you have checked out your orders.
Delivery Acceptance
CloudKart will use appropriate packaging materials to
ensure freshness and cleanliness of your orders. However, please
receive the delivery within 10 minutes of the rider’s arrival at
your delivery location.
After the 10 minutes grace period and after CloudKart
attempts to contact you through your registered mobile number, if
no one is at the delivery location to receive your order, CloudKart
reserves the right to forfeit your payment in our favor. You may
request to have your order re-delivered within the day or by next
working day, but you will have to pay an additional delivery fee
(same amount as original delivery fee) and be subject to
availability of rider.
Our riders will not deliver to buildings without an
elevator or with a broken elevator above three (3) floors. In these
cases, please meet our riders at your building’s lobby.
Our rider will be asking you to sign and receive our
copy of the Delivery Receipt (DR). Please write your (or your
receiver’s) Complete Name, Date and Time of Delivery and affix
your Signature. If available, you may also receive your order by
giving your Complete Name to the rider and affixing your signature
on the CloudKart Rider App.
7. Cancellation,
Returns & Refunds
Return
or Refund:
Once
the DR has been signed, we will no longer accept or entertain any
returns or refunds.
Please
do not accept the item if:
If
seal is broken on packed items (i.e. fruits, vegetables, etc.)
If
item delivered is not item ordered
All
defective products for return or refund should not be accepted from
the rider upon delivery. Please sign the DR to signify your
acceptance of all other items but please list down all defective
items on the Remarks section of the DR.
We will reach out to you for Returns or Refunds to
come up with an alternative solution that is acceptable to and
doable for us and you.
Cancellation: Orders can no
longer be cancelled after user pays for the order.
8. Indemnity
You
agree to indemnify, defend and hold harmless CloudKart,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorney’s fees, made by any
third-party due to or arising out of your breach of these Terms of
Use or the documents they incorporate by reference, or your
violation of any law or the rights of a third party.
9. Force
Majeure
CloudKart
shall not be liable for any breach of performance if such delay or
failure is due to any event or cause beyond reasonable control (each
an event of "Force Majeure")
such as, but not limited to:
Act
of God, explosion, flood, tempest, fire or accident;
War
or threat of war, sabotage, insurrection, civil disturbance or
requisition, act of terrorism or civil unrest;
Acts,
restrictions, regulations, by-laws, prohibitions or measures of
any kind on the part of any governmental, parliamentary or local
authority;
Import
or export regulations or embargoes;
Interruption
of traffic, strikes, lock-outs or other industrial actions or
trade disputes (whether involving employees of Landers or of a
third party);
Health
epidemics declared by the World Health Organization;
Interruption
of production or operation, difficulties in obtaining raw
materials, labor, fuel parts or machinery; and
Power
failure or breakdown in machinery.
10. Amendments.
These
terms and conditions may be amended at any time. The revised
version shall be effective at the time of posting.
11. Termination
of Account
We
reserve the right to terminate or suspend any account with immediate
effect upon notice for any reason whatsoever including breach of any
provision of these Terms and Conditions.
You
can voluntarily terminate your account by sending an email to
support@cloudkart.ph
with subject Termination of Account.
12. Notices
All
notices and notifications shall be sent to your registered email
address and mobile number. All standard communications through SMS
will be coming from CloudKart only. Please do not entertain if from
an unknown number.
For
non-standard communications regarding order resolutions,
clarifications on delivery address etc, authorized representatives
shall be contacting you through authorized mobile numbers.
For
concerns, you may contact us through our
live chat support on our website and through our Facebook Messenger
account.
13. Dispute
Resolution
In
case of dispute arising from use of this Site, you hereby agree
to submit the same to mediation, facilitated by a mediator chosen by
CloudKart. Mediation fees and expenses shall be shouldered by the
User. User agrees to refrain from adversarial legal proceedings
(except in the case of an emergency necessitating such action) while
the mediation process is ongoing.
You
agree that in case of legal disputes or any judicial action arising
from this Agreement, the venue of any court action shall exclusively
be with the proper courts of Cebu City, to the exclusion of all
other Courts.
14. Governing
Law
This Agreement shall be governed by the laws of the
Republic of Philippines.