1. Platform Use and Account Registration
1.1. Registration Process
To access our platform, you must initiate the registration procedure to create your Flashket account. During this process, you will be prompted to provide personal information such as your email address, mobile phone number, and password. Furthermore, to finalize your order, you may be required to input your credit card, debit card, or e-wallet details. Please note that it is strictly prohibited to share your password with anyone, and you must ensure its security at all times. You acknowledge that any orders placed through your Flashket account are your sole responsibility, except in cases of proven fraud or abuse where you are not at fault or negligent.
1.2. Accuracy of Information
Flashket cannot be held responsible for any delivery failures resulting from inaccurate or incomplete information provided by you. To facilitate the successful processing of your orders, it is your responsibility to furnish us with precise and comprehensive information, including your delivery address and contact number.
1.3. Account Removal and Termination
You have the option to request the removal of your Flashket account by sending us an email. However, we retain the right to terminate your Flashket account if we reasonably believe that:
1.3.1. Unauthorized Use: Someone other than you is using your Flashket account.
1.3.2. Breach of Terms: You are engaging in conduct or activities that violate the terms, policies, and guidelines outlined herein.
1.3.3. Abusive Behavior: You are involved in conduct or activities deemed abusive of our platform by Flashket.
2. Restrictions and Prohibited Activities
2.1. Prohibited Activities on the Platform
2.1.1. Non-Exhaustive List
The list of prohibited activities on our platform, as stipulated herein, is not exhaustive. Flashket reserves the right to investigate and take appropriate legal action against individuals engaging in any of these prohibited activities at our discretion. Prohibited activities include, but are not limited to:
2.1.1.1. Violating Laws: Using the platform to violate local or national laws and regulations.
2.1.1.2. Intellectual Property Infringement: Posting content that infringes upon third-party intellectual property rights or any other rights.
2.1.1.3. Offensive Content: Posting unlawful, obscene, threatening, libelous, hateful, or embarrassing content, as determined solely by Flashket.
2.1.1.4. Cyberbullying: Posting content that leads to cyberbullying, as determined solely by Flashket.
2.1.1.5. Personal Information: Posting personal contact details, address details, or last names of any individual.
2.1.1.6. Technical Content: Posting programming codes, URLs of third-party websites, or any form of HTML.
2.1.1.7. Spam: Posting content categorized as "spam" at the sole discretion of Flashket.
2.1.1.8. Impersonation: Impersonating another person through the platform.
2.1.1.9. Unauthorized Data Collection: Collecting or harvesting personal information, such as email addresses and social media accounts, without consent.
2.1.1.10. Identity Misuse: Allowing others to use your identity or account for posting comments or reviews.
2.1.1.11. Harassment: Using the platform to harass, threaten, stalk, or abuse any individual.
2.1.1.12. User Restriction: Engaging in actions that restrict other individuals from using the Flashket website and mobile application, potentially exposing Flashket or its partner parties to liability.
2.1.1.13. Encouraging Prohibited Activities: Encouraging others to engage in the prohibited activities mentioned herein.
2.1.2. Flashket's Rights and Actions
2.1.2.1. Content Investigation
Flashket reserves the right (but is not obligated) to investigate any allegations of content posted on the platform that may breach the terms and conditions. We may determine the removal of such content or request its removal at our discretion.
2.1.2.2. Immediate Content Removal
Contents that are abusive, promote violence, terrorism, engage in harmful or illegal conduct, or otherwise fail to conform to these terms and conditions may be immediately removed by Flashket.
2.1.2.3. Suspension or Termination
Flashket may, at its sole discretion, suspend or terminate access to the platform, user accounts, and the availability of any products or services in the event of a breach of these terms and conditions.
2.1.2.4. Content Handling
Flashket retains the right to disclose, edit, or delete any content on the platform for any reason.
2.1.3. Item Restrictions
Certain items offered on the platform may be subject to restrictions, including minimum age requirements for alcoholic and tobacco items, as well as other items that Flashket may be unable to deliver due to limitations imposed by relevant statutory laws.
2.2. Alcoholic Products
2.2.1. Age Requirement
In order to place an order for alcoholic products, the individual must be at least eighteen (18) years old. By placing an order that includes alcoholic products, you confirm that you meet this age requirement. To ensure compliance, Flashket, its Partner-Merchants, and Partner-Drivers reserve the right to take any or all of the following actions:
2.2.1.1. Age Verification
They may request a valid ID card to verify your age before delivering the order.
2.2.1.2. Refusal of Delivery
If you do not appear to be at least eighteen (18) years old and are unable to provide proof of legal age, they may refuse to deliver the item.
2.2.1.3. Right to Refuse Delivery
Flashket and its partners maintain the right to refuse delivery of alcoholic products for any reason.
2.2.1.4. Non-Refundable Payments
In the event that you cannot receive your ordered alcoholic products due to failure to meet the age requirement, you acknowledge and agree that Flashket and its partners are not liable to refund any payments you have already made.
2.3. Tobacco Products
2.3.1. Age Requirement
Tobacco products may be available on the platform, but we explicitly do not advertise, encourage, or promote their purchase in any way. By placing an order that includes tobacco products, you confirm that you are at least eighteen (18) years old. To ensure compliance with this requirement, Flashket, its partner merchants, and delivery riders have the right to take any or all of the following actions:
2.3.1.1. Age Verification
They may request a valid ID card for the purpose of verifying your age before delivering the order.
2.3.1.2. Refusal of Delivery
If you do not appear to be at least eighteen (18) years old and are unable to provide proof of legal age, they may refuse to deliver the item.
2.3.1.3. Right to Refuse Delivery
Flashket and its partners retain the right to refuse the delivery of tobacco products for any reason.
2.3.1.4. Non-Refundable Payments
In the event that you cannot receive your ordered tobacco products due to failure to meet the age requirement, you acknowledge and agree that Flashket and its partners are not liable to refund any payments you have already made.
2.4. Legal Restrictions
The availability of alcohol and tobacco product offerings on the platform becomes automatically void if existing national and local laws prohibit such offerings.
3. Orders
3.1. Order Availability
3.1.1. Quantity Limits
Flashket, at its discretion, may impose quantity limits on products from partner merchants due to logistical constraints.
3.1.2. Return and Refund Policies
All purchases from partner merchants are subject to the partner merchant's return and refund policies.
3.1.3. Price Estimation
In cases where product prices depend on their definitive weight, an initial total price estimate will be provided for checkout purposes. The final price and tax invoice will be sent to your email. Any payment shortfalls due to slight weight differences will be charged to you, and any overpayments due to slight weight differences will be refunded.
3.1.4. Sales Restrictions
We reserve the right (but are not obliged) to restrict or limit the sale of certain products based on prevailing morals, customs, public health, or public policy. Products offered on the platform are considered void when prohibited by law.
3.2. Placing an Order
3.2.1. Order Options
You can place orders for products from partner merchants available on the platform, which can be delivered by partner drivers, our delivery partners, or picked up personally (if the pickup option is available) from the partner merchant's designated location.
3.2.2. Setting Your Location
To view the list of partner merchants in your local area on the Flashket Application, you must first set your location or delivery address. This applies to all order fulfillment modes, including personal pickup and delivery.
3.2.3. Order Limits
Each order is limited to a total of 20 kilograms, which is the combined weight of all products in the cart, per transaction. A minimum of 1 merchant and a maximum of 3 merchants are allowed per transaction. Orders exceeding these limits will not be processed by Flashket.
3.2.4. Order Details
Before clicking the 'checkout' button, you are required to provide necessary details for us to process your order successfully. You must confirm that all information provided is accurate and complete. This includes but is not limited to the following order details:
a. Selected products and quantities
b. Amounts
c. Delivery details
d. Personal details
e. Payment method and information
f. Vouchers or promos (if applicable)
g. Order Confirmation
An order is successfully placed when you receive an email confirmation containing your order receipt from us.
3.2.6. Partner-Merchant Terms
Please note that your order is also subject to the terms and conditions provided by the partner merchant.
3.3. Confirmation of Order
3.3.1. Order Confirmation
Once an order is placed, Flashket will treat it as confirmed. You cannot cancel or change the delivery address of an order after confirmation. If you cancel an order after confirmation, you will be liable to pay applicable fees in full, regardless of whether it has been delivered or not. Order charges may include delivery fees, and any applicable taxes (e.g., goods and services tax, value-added tax, etc.).
3.4. Cancellation of Order
3.4.1. Flashket's Right to Cancel
Flashket retains the right to cancel an order, whether in full or in part, for reasonable reasons, such as the unavailability of products. If Flashket cancels your order, you will not be charged for the cancellation. Flashket will reimburse the payments you have made through the same payment method used for your order or any other available payment methods determined by Flashket.
3.4.2. Personal Pick-Up Orders
If you have selected personal pick-up as the order delivery method and fail to collect the order within the store hours of the partner merchant on the same day of order placement, it will be considered a cancellation of the order. Partner merchants and Flashket will not be responsible for preserving your ordered products from spoilage or damage or retaining them for your collection after this period. No reimbursement will be provided for failed pick-ups.
When an order is canceled, you will be liable to pay the full value of the order in the following circumstances:
a. You cancel the order after the Partner-Merchant or Partner-Driver has accepted it.
b. You fail to show up at the designated delivery location or the Partner-Merchant's location for pick-up.
c. You are physically unreachable or uncontactable after seven (7) minutes from the time of arrival of the Partner-Drivers at the set location, or within the time period communicated by Flashket for pick-up.
3.5. Forfeiture of Order
Flashket reserves the right not to deliver your order in the following situations:
3.5.1. Unreachable by Phone
You cannot be reached by phone at the time of the call to confirm the order or are otherwise uncontactable.
3.5.2. Outside Serviceable Area
Your designated delivery location is outside the serviceable area of the platform.
3.5.3. Insufficient or Unclear Information
The information provided for your delivery location is insufficient or unclear.
3.5.4. Product Unavailability
The products you ordered are unavailable.
3.6. Refunds and Returns
3.6.1. Eligibility for Refunds
You have the right to a refund only when the purchased product has an issue or defect, such as spoilage.
3.6.2. Complaint Timeframe
You may raise a complaint regarding a product issue within 24 hours from the time of order receipt. You can submit your complaint by sending an email to inquiries@flashket.com or through Flashket's official social media platforms (e.g., Facebook Messenger).
3.6.3. Refund and Return Process
In processing requests for refunds and returns, we will communicate your feedback to the Partner-Merchant providing the products in question. To facilitate this, we will request images of the items with issues or defects. Subject to the acceptance of the Partner-Merchant, Flashket may retrieve the returned product and subsequently refund your payments through the same payment method used for your order or any other available payment methods determined by Flashket.
3.6.4. Merchant Warranty
Partner-Merchants are solely responsible for any warranties regarding the quality of products delivered to you.
3.6.5. Change of Mind
In cases where the product has no issue or defect, and you purchased it by mistake or had a change of mind, we cannot accept return or refund requests.
3.6.6. Return Conditions
For products to be eligible for return or replacement, you must return the product in its original packaging. The product must be unused, unwashed, and have intact tags.
3.6.7. Fraudulent Behavior
If there is reasonable suspicion or detection of fraudulent behavior or activity carried out by you or any other person through your Flashket account and/or with your order, Flashket reserves the right, at its sole discretion, to cancel, suspend, deactivate, or terminate your account.
4. Prices
4.1. Pricing Currency and Inclusivity
Product prices on the Platform are displayed in Philippine pesos, the official currency of the Philippines, and include all applicable taxes. The prices shown at the time of your order will be the prices charged at the time of delivery. Prices of products may change periodically, subject to price updates submitted by the Partner-Merchant.
4.2. Pricing Source
Displayed prices may differ from the prices charged in the Partner-Merchant's physical stores, as they may include markups or discounts.
4.3. Tax Inclusivity
Displayed prices may be either inclusive or exclusive of relevant sales taxes, such as value-added tax (VAT), goods and services tax (GST), or other equivalent taxes.
4.4. Fees
When opting for delivery, customers acknowledge and agree that their orders will be subject to delivery fees. For the pick-up option, no additional fees will be charged.
4.5. Fee Waivers and Promotions
Delivery fees are applied by default, unless a valid promotional or discount voucher is applied during checkout, or Flashket expressly waives the payment of such fees.
5. Payments
5.1. Transaction Responsibility
All transactions for the purchase of items or goods from the platform are solely between you and the Partner-Merchant(s). You agree to provide us with accurate and complete payment details when placing your order. You also confirm that the credit or debit card details you use belong to you or that you have the necessary authorization to use them and that your funds are sufficient to cover the payments.
5.2. Payment Options
You can make payments through our payment partners, including but not limited to Visa, Mastercard, and American Express.
5.3. Cash-on-Delivery (COD)
You may also choose to pay via Cash-on-Delivery (COD) or other payment methods that we may introduce in the future. Please note that COD is available only for delivery orders.
5.4. Payment Method Modification
Flashket reserves the right to modify the accepted payment methods at any time at its discretion. Payments made through online payment methods will be processed by our third-party payment service providers. Your credit card or other payment details may be stored with our third-party payment service provider(s) for future orders, with your consent. Flashket does not store your credit card or payment details.
5.5. Payment Guarantee
When using online payment methods, you guarantee that you have sufficient funds on your debit card or e-wallet to cover the total value of your order. For chargebacks, cancellations, dispute resolutions, and refunds that are reasonable and within these terms, Flashket assumes responsibility as required by law.
5.6. Incorrect Charges
If you are incorrectly charged, please don’t hesitate to reach out to our customer support team at inquiries@flashket.com. Flashket reserves the right to correct payment details and issue refunds if necessary, by crediting back any amount that exceeded the actual total value of your order. Refunds may be processed through the same payment method used for the order or other available payment methods determined by Flashket.
6. Delivery and Pick-up
6.1. Delivery Areas
6.1.1. Service Availability
The availability of our services, including delivery and personal pick-up options, depends on the delivery address (for delivery) and current location (for pick-up) you provide on the platform. By providing your delivery address or current location, you can access a list of our available Partner-Merchants. Please note that the list of merchants may vary depending on the delivery location. Flashket reserves the right to expand, modify, or reduce the list of merchants available for your delivery address at any time.
6.2. Time of Delivery
6.2.1. Delivery Address Designation
Flashket will deliver your order to the delivery address you specify at the time of order placement. Your order will be delivered to you as promptly as possible. The expected delivery time will be provided to you through the in-app order status.
6.2.2. Expected Delivery Time
You understand that the expected delivery time is an approximation and may vary due to various factors, including but not limited to distance, traffic conditions, order quantity, time of day, and weather conditions in your area. Orders may arrive earlier or later than the expected delivery time.
6.2.3. Order Status Updates
We will provide you with the expected delivery time through order status updates available in the 'Orders in Process' section on the platform or app.
6.2.4. Receiving Your Order
After placing an order, please ensure that you or an assigned person is present at the delivery address to receive the order. If your order includes alcohol or tobacco products and you or the designated receiver appears to be a minor and cannot provide valid proof of legal age, such as an identification card (ID), Flashket reserves the right to decline the delivery of your order.
7. Vouchers, Discounts, and Promotions
7.1. Marketing and Promotions
7.1.1. Promotion Offers
Flashket may, at its discretion, run marketing or promotional campaigns that offer voucher codes, discounts, subscription plans, or other promotional offers. These offers are subject to validity periods, redemption limitations, and availability.
7.1.2. Combination with Other Offers
Please note that using a voucher in conjunction with other promotions, discounts, or vouchers may render it invalid. Additional terms and conditions may apply to vouchers.
7.1.3. Voucher Usage
Vouchers can only be used on Flashket app unless otherwise stated. They are non-transferable, non-exchangeable, non-refundable, and cannot be converted into cash.
7.1.4. Modification and Exclusions
Flashket reserves the right to amend, alter, discontinue, or reject the use of any voucher at any time without prior notice. Certain partner merchants may also be excluded from voucher use without prior notice.
7.1.5. Breach Consequences
If you breach any part of these terms and conditions, Flashket reserves the right to void, discontinue, or disqualify you from any promotion or subscription plan without prior notice.
8. Liability of Partner Merchants
8.1. Quality Assurance Responsibility
The partner merchants bear the sole responsibility for ensuring that the products delivered to customers are of good quality. This responsibility applies to both delivery and pick-up options. Flashket shall not be held liable for any loss or damage incurred by the partner merchant due to the condition and preparation of the products delivered to you.
9. Indemnification
9.1. Your Agreement to Indemnify
By accepting the Terms and Conditions, you commit to indemnify, defend, and protect Flashket, its licensors, affiliates, officers, directors, members, employees, representatives, agents, and attorneys from any and all claims, expenses, costs, damages, losses, liabilities, and legal fees arising from your use of the Flashket app or your violation of these Terms and Conditions.
10. Termination
10.1. Grounds for Termination
Flashket reserves the right to delete, modify, suspend, or terminate your account, a portion of your account, and access to the Flashket app (including access to your Account and/or the availability of any products or services) for various reasons, including but not limited to:
10.1.1. Policy or Term Changes
Modifying or changing any applicable policies or terms to conduct routine or non-routine maintenance, error correction, or updates.
10.1.2. Application Operation Interruption
Interrupting the operation of the application or any portion of the Application to perform necessary routine or non-routine maintenance, error correction, or other changes.
10.1.3. Breach of Terms
Taking action to minimize damage caused by your breach of the Terms.
10.2. Termination Process
In the event of termination, Flashket is not obligated to provide you with a warning prior to terminating your use of the Application, and no compensation will be provided for any suspension or termination.
11. Severability
11.1. Validity of Remaining Provisions
If any provision of these Terms is determined to be invalid or unenforceable by a court with competent jurisdiction, the legality, validity, and enforceability of the remaining provisions of these Terms will not be affected. Those remaining provisions shall continue to be valid and enforceable. No waiver of any party's rights resulting from any breach of this Agreement shall be considered a waiver of any subsequent breach.
12. Governing Law
12.1. Jurisdiction and Applicable Law
These Terms shall be governed by and interpreted in accordance with the laws of the Philippines. Any legal disputes arising from these Terms shall fall under the exclusive jurisdiction of Philippine Courts.
13. Prevailing Language
13.1. Language in Dispute Resolution
This Agreement is drafted in English. In the event of a language dispute, the English version shall take precedence.
Last Updated: September 2023
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