(DRAFT)
TERMS OF SERVICE (ToS)
Welcome to WISECART MERCHANTS CORP. platform. These Terms of Service (“Terms”) govern your use of our website, online store, and related services (collectively, the “Services). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree, please discontinue use of our Services.
1. Eligibility
1.1. You must be at least 18 years old or of legal age in your jurisdiction to use of your Services. By using our website, you represent and guarantee that you meet these requirements.
1.2. Children’s Use
Our service are not directed toward children under the age of 18. If you are under 18, you may use our Services only with the involvement and consent of a parent or legal guardian. We reserve the right to refuse access if we learn that a user does not meet these requirements.
2. Account Registration
2.1. You may be required to create an account to make purchases or access certain features.
2.2. You are responsible for maintaining the confidentiality of your login credentials and all activities under your account.
2.3. You agree to provide accurate, current, and complete information and to update it when necessary.
3. User Responsibilities
3.1. You agree to use our Services only for lawful purposes and in accordance with these Terms.
3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.3. You must ensure that all information you provide to us (including payment and shipping details) is accurate, current, and complete at all times.
3.4. You agree not to use another person’s account without proper authorization.
3.5. You are solely responsible for complying with all applicable local, national, and international laws and regulations when accessing or using our Services.
3.6. You agree to immediately notify us of any unauthorized use of your account or suspected security breach.
4. Electronic Communications Consent
4.1. By using our Services, you consent to receive communications from us electronically, including but not limited to emails, SMS, mobile notifications, and messages through our platform.
4.2. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
4.3. You may opt out of certain promotional communications by following the unsubscribe instructions provided, but you acknowledge that we may still send non-promotional messages related to your account or transactions.
5. Privacy & Data Protection
5.1. We value your privacy and are committed to protecting your personal information. By using our Services, you consent to the collection, use, and processing of your information in accordance with our Privacy Policy.
5.2. Information we may collect includes, but is not limited to, your name, contact details, billing/shipping addresses, and payment information.
5.3. We use this information solely for purposes such as processing transactions, delivering products, improving our Services, and communicating with you.
5.4. We implement reasonable safeguards to protect your data; however, no method of transmission or storage is completely secure. You acknowledge and accept the inherent risks of providing information online.
5.5. We do not sell or rent your personal information to third parties. Limited sharing may occur with trusted service providers (e.g., payment processors, logistics partners) solely for the purpose of fulfilling your orders.
5.6. For more details, please review our full Privacy Policy at [Insert Link].
6. Products and Orders
6.1. All product descriptions, images, pricing, and availability are subject to change without notice.
6.2. We reserve the right to limit quantities, refuse orders, or cancel transactions at our sole discretion.
6.3. By placing an order, you agree that:
· You are legally authorized to purchase the products.
· You will provide accurate billing and shipping information.
7. Pricing and Payment
7.1. All prices are listed in Philippine Peso (PHP) unless otherwise indicated.
7.2. We accept various payment methods as displayed during checkout.
7.3. You authorize us (or our third-party payment processors) to change the payment method you provide for all purchases.
7.4. Prices are subject to change without prior notice.
7.5. Coupons, Discounts, and Promotions
7.5.1. From time to time, we may offer coupons, discounts, promotional codes, or special offers (“Promotions”).
7.5.2. Promotions are subject to specific terms and conditions, including validity periods, usage limits, and applicable products or categories.
7.5.3. Unless otherwise stated, Promotions cannot be combined with other offers or applied to past purchases.
7.5.4. We reserve the right to cancel, modify, or refuse the use of any Promotion at our discretion if misuse, fraud, or error is suspected.
7.5.5. Unused or expired Promotions have no cash value and will not be refunded or replaced.
8. Shipping and Delivery
8.1. Shipping and delivery times are estimates only and not guaranteed.
8.2. We are not responsible for delays caused by couriers, customs, or unforeseen events.
8.3. Risk of loss passes to you once the order is shipped.
9. Returns, Exchanges, and Refunds
9.1. Please refer to our Return & Refund Policy [insert link] for details.
9.2. We reserve the right to decline returns or refunds that do not comply with our policy.
10. Prohibited Uses
10.1. You agree not to use our Services for any unlawful or prohibited purpose, including but not limited to:
· Misinterpreting your identity or providing false information.
· Engaging in fraud, resale, or unauthorized distribution.
· Interfering with website functionality or security.
10.2. User-Generated Content
10.2.1. By submitting, posting, or otherwise making available any content (such as reviews, comments, feedback, or other materials) on our platform (“User Content”), you grant us a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and promoting our Services.
10.2.2. You retain ownership of your User Content, but you are solely responsible for ensuring it does not violate any laws, third-party rights, or these Terms.
10.2.3. You agree not to upload, post, or share any User Content that is unlawful, defamatory, obscene, offensive, infringing, or otherwise inappropriate.
10.2.4. We reserve the right (but are not obligated) to monitor, remove, or edit any User Content at our discretion if we believe it violates these Terms or may harm our platform or users.
10.2.4.1. We are not responsible or liable for any User Content posted by users or third parties.
11. Intellectual Property
11.1. All content on our website (including text, images, graphics, logos, and trademarks) is owned by WISECART MERCHANTS CORP. or licensed to us. You may not copy, reproduce, distribute, or exploit any content without our prior written consent.
11.1.1. Third-Party Links/Services
11.1.1.1. Our website may contain links to third-party websites, applications, or services that are not owned or controlled by WISECART MERCHANTS CORP.
11.1.1.2. We provide these links or integrations for convenience only, and their inclusion does not imply endorsement or affiliation.
11.1.1.3. We are not responsible for the content, policies, or practices of any third-party websites or services. Your use of third-party platforms is at your own risk and subject to their respective terms and conditions.
11.1.1.4. Any dealings, transactions, or correspondence you engage in with third parties through our Services are solely between you and such third parties.
12. Limitation of Liability
12.1. We do not guarantee uninterrupted, error-free, or secure access to our Services.
12.2. To the fullest extent permitted by law, WISECART MERCHANTS CORP. shall not be liable for any damages arising from the use of or inability to use our Services, including but not limited to indirect, incidental, or consequential damages.
13. Warranties and Disclaimers
13.1. Except as expressly stated otherwise in writing, all products and Services provided through our platform are offered on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
13.2. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.
13.3. WISECART MERCHANTS CORP. does not warrant that our Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
13.4. For products supplied or manufactured by third parties, we make no independent warranties and disclaim all liability for defects, damage, or losses caused by such third-party products. Any warranty claims must be directed at the relevant third-party manufacturer or supplier.
13.5. Some jurisdictions do not allow the exclusion of certain warranties. In such cases, our liability shall be limited to the maximum extent permitted by law.
14. Indemnification
14.1. You agree to indemnify, defend, and hold harmless WISECART MERCHANTS CORP., its officers, employees, and affiliates from any claims, damages, liabilities, or expenses arising from your use of our Services or violation of these Terms.
15. Termination
15.1. We reserve the right to suspend, restrict, or terminate your access to our Services, without prior notice, if we are reasonably believe that you have:
· Violated these Terms or any applicable laws or regulations.
· Provided false, misleading, or incomplete information.
· Engaged in fraud, abuse, or unauthorized use of our Services.
· Failed to make timely payments or have outstanding balances.
· Interfered with the security, integrity, or proper functioning of our platform.
15.2. Upon suspension or termination, your right to access and use our Services will immediately cease. We may, at our discretion, cancel or refuse pending transactions if they are associated with the violation.
15.3. Any outstanding obligations or payments owed to WISECART MERCHANTS CORP. prior to termination shall remain due and enforceable.
15.4. Termination of your account does not affect any provisions of these Terms that are intended to survive, including but not limited to Intellectual Property, Limitation of Liability, Indemnification, and Governing Law.
16. Governing Law
16.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes shall be subject to the exclusive jurisdiction of the courts in [Insert City], Philippines.
17. Dispute Resolution
17.1. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services, you agree to first attempt to resolve the matter informally by contacting us at contact@wisecart.ph within thirty (30) days of the dispute arising.
17.2. If the dispute cannot be resolved through informal negotiation, the parties agree to submit the matter to mediation or arbitration in Cebu City, Philippines, before resorting to litigation.
17.3. Any arbitration shall be conducted in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) or another mutually agreed arbitration body. The decision of the arbitrator shall be final and binding on both parties.
17.4. Nothing in this section prevents either party from seeking immediate injunctive relief or other equitable remedies from the courts of competent jurisdiction in the Philippines.
18. Force Majeure
18.1. WISECART MERCHANTS CORP. shall not be held liable or responsible for any failure or delay in performance of its obligations under these Terms when such failure or delay results from circumstances beyond our reasonable control.
18.2. Such circumstances include, but are not limited to: natural disasters, acts of God, government actions or regulations, wars, civil disturbances, strikes or labor disputes, pandemics, epidemics, embargoes, power outages, disruptions of communication networks, or failures of third-party service providers.
18.3. In the event of a force majeure, we will make reasonable efforts to resume performance of our obligations as soon as practicable.
19. Severability Clause
19.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect.
20. Entire Agreement
20.1. These terms, together with out Privacy Policy and any additional policies or guidelines referenced herein, constitute the entire agreement between you and WISECART MERCHANTS CORP. regarding your use of our Services.
20.2. They supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral, relating to the subject matter.
21. Changes to Terms
21.1. We may update or revise these Terms at any time. Continued use of our Service after changes are posted constitutes acceptance of the revised Terms.
22. Contact Information
WISECART MERCHANTS CORP.
The Mactan Newtown, Mactan
Lapu-Lapu City, Cebu
contact@wisecart.ph
(032) 273-1756