1.1. Market Innovators, Inc. (“Company”) is a technological company that operates the website www.dingdong.ph and the mobile application named Dingdong Powered by RiderKo (“Software”). The Software links you (“User/s”) to third-party service providers such as logistics service providers (“Rider/s”) and third-party entities engaged in the sale of various goods and services (“Merchant/s”) and vice versa (“Services”). The Company does not provide delivery services, is not a logistics service provider, is not engaged in the activities of a common carrier or public utility and is not engaged in sale of goods and services.
2.2. You likewise agree to be bound by any and all laws, rules, regulations and issuances by the Company, now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits or services which may be made available to you through the Software or the Company.
4. USE OF THE SOFTWARE
4.1. The Software enables Users to book a Rider for third-party logistics services, and/or to purchase goods or services from a Merchant. The relationship between the User and the Rider is governed by a separate Special Contract of Private of Carriage of Goods with the Rider, a copy of which is herein attached as Annex “A” and made an integral part hereof. The relationship between the User and the Merchant is governed by a separate sales or service contract.
4.2. You need to register for an account in order to use the Software. When you register for an account, the Company will ask you to provide your personal information. You certify that the Content you provide on or through the Software is true, complete and accurate. Failure to provide true, complete and accurate information may subject you to administrative, civil and criminal penalties. You are solely responsible for maintaining the confidentiality and security of your account including but not limited to username, email address, mobile phone number password and/or PIN. The Company is not responsible for any losses arising out of the unauthorized use of your account. You agree that the Company does not have any responsibility if you lose or share access to your device. Your account may be deactivated or suspended for any reason, at the Company’s sole discretion. Except as otherwise provided by law, at any time without notice to you, the Company may (1) change, restrict access to, suspend, or discontinue the Software or any portion of the Software, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Software.
4.3. The following are the types of conduct that are illegal or prohibited on the Software. The Company reserves the right but not the obligation to investigate and take appropriate legal and administrative action against any who, in the Company’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to:
b. Posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party or removing any copyright, trademark, or other proprietary rights notice from the Software, or using the Software or Company’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other forms of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo, URL, or product name without Company’s written consent;
c. Posting content that is unlawful, obscene, indecent, pornographic, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing, or otherwise objectionable to any other person or entity;
d. Posting content that is false, fraudulent, inaccurate, or misleading;
e. Posting content that constitutes cyber-bullying;
f. Posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
g. Posting content that contains your full name(s), telephone numbers, street addresses, or any other personal identifiable information of yourself or of any person;
h. Posting URLs to external websites or any form of HTML or programming code;
i. Posting anything that may be “spam”;
j. Impersonating another person when posting content;
k. Posting any content that is intended to cause harm, damage, disable, or otherwise interfere with the Software;
l. Harvesting or otherwise collecting information about others, including but not limited to e-mail addresses, without their consent, causing injury to any person or entity such as by showing the personal information of third parties in violation of any applicable law, creating a false identity for the purpose of misleading others or violating the legal rights of others or using the Software to restrict or inhibit any other user from using and enjoying the Services;
k. Posting any content that is intended to cause harm, damage, disable, or otherwise interfere with the Software;
m. Allowing any other person or entity to use your identification for posting or viewing comments;
n. Harassing, threatening, stalking, or abusing any person on the Software;
o. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Software, or which exposes the Company or any of its customers, suppliers, or any other parties to any liability or detriment of any type;
p. Encouraging other people to engage in any prohibited activities as described herein;
q. Making available any Content through or in connection with the Software that is or may be in violation of the content guidelines set forth in this Section;
k. Posting any content that is intended to cause harm, damage, disable, or otherwise interfere with the Software;
r. Making available through or in connection with the Software any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
s. Using the Software for any commercial purpose, without the express consent of the Company, or for any purpose that is fraudulent or otherwise tortious or unlawful;
t. Interfering with or disrupting the operation of the Software or the systems, servers, or networks used to make the Software available, including by hacking or defacing any portion of the Softwares; or violating any requirement, procedure or policy of such servers or networks;
v. Reverse engineering, decompiling, or disassembling any portion of the Software’s code, except where such restriction is expressly prohibited by applicable law;
w. Systematically downloading and storing any content and materials available on or through the Software (“Materials”);.
x. Using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproducing or circumventing the navigational structure or presentation of the Software, without the Company’s express prior written consent;
y. Using the services of the Software in connection with chain letters, surveys, contests, pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs;
z. Using the services of the Software to purchase or sell annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, traveler’s checks or money orders;
aa. Using the services of the Software for currency exchanges or check cashing businesses or to provide certain credit repair or debt settlement services;
4.4. Always use caution when giving out any personal identifying information about yourself or your children in using the Software and its services. The Company does not control or endorse the Content found in the Software or any of its services and, therefore, the Company specifically disclaims any liability with regard to the Content in the Software and its services and any actions resulting from your participation in any Service. Users, Riders, Merchants, managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
4.5. You expressly agree that use of the Software and its services is at your sole risk. Neither the Company nor any of their officers, directors, shareholders, or employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, warrant that the services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Software.
4.7. The Company shall not be liable for all losses, damages, claims, suits, third party claims, legal proceedings and otherwise, direct or indirect, arising from or in connection with any claim in connection with the unauthorized, improper or illegal use of the Software of.
5. CONTENT AND IDEAS
5.2. The Company’s Rights to Use Content and Ideas. You grant to the Company a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available to the Software, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that the Company is free to use any Ideas for any purpose. The Company may sublicense its rights in any Content and Ideas through multiple tiers of sublicenses. The Company is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant the Company the right to use any name associated with any Content or Idea that you make available to the Company., although the Company has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
6. MONITORING BY THE COMPANY
7. FEES AND CHARGES
7.1. You will be charged a service fee in accordance with the prevailing rates at the time your booking/order has been accepted. The prevailing rates are indicated in the Software.
7.2. Additional charges, such as, but not limited to, toll fees, parking fees and such other fees and expenses, which are necessary, related and/or incidental to the completion of a booking/order shall be charged to your account and is not included in the fees and charges indicated in the Software;
7.3. In the event that the delivered item is not accepted and/or refused to be accepted by the recipient of the item and/or any of his/her representative/s, any and all expenses for the return of the item back to you shall be charged to you;
7.4. No cancellation fees are chargeable as long as an order is canceled and communicated within sixty (60) minutes before the start of the pick-up time. In the event that the cancellation was made after the pick-up time has started, you shall be charged with the service fee.
8.1. Full payment must be made for booking/order either cash via Cash On Delivery (COD) or via credit/debit card or other means.
8.2. In the event that a credit/debit card payment fails, you will have the option to settle the balance via other means of electronic payment prior to arrival of the Rider or via COD.
8.3. If you choose online payment platforms, you must provide your payment details before the booking/order is completed. To ensure that online payment is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the Internet.
8.4. Any unauthorized transactions made via your credit/debit card should be immediately reported to your issuing bank. In compliance with the Data Privacy Act of 2012, the Company cannot and will not disclose to you the identity of any fraudulent user (if any) of your credit/debit card. The Company will coordinate with your issuing bank once they reach out to us regarding the fraudulent transaction.
8.5. Any agreement between you and the issuer of your credit card, debit card, or other forms of payment shall continue to govern the use of such payment method on the Software. You agree and acknowledge that the Company is not a party to any such agreement, nor is the Company responsible for the content, accuracy, or unavailability of any method used for payment.
8.7. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
10. INTELLECTUAL PROPERTY
10.2. No license, right, title, or interest in the Software or any Materials is transferred to you as a result of your use of the Software or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Software. The Software and Materials may be used only as a personal resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Software and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Company and Materials is the exclusive property of the Company and is also protected by laws.10.2 The Company’s names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Software are trademarks or of the Company in the Philippines and other countries.
11.2. If you purchase an item sold by a Merchant or avail of the services of the Rider or the Software, the Company may share certain information with that Merchant or Rider or third person to permit the Merchant, Rider or third person as may be applicable, to fulfill and ship your order, process returns, and provide customer service.
11.4. You acknowledge that the Company may disclose personal data of other individuals to you in the course of your use of the Software. You represent and warrant that you will only use such personal data for the purpose for which it was disclosed to you by the Company, and not for any other unauthorized purposes.
12. TERMS APPLICABLE TO SERVICES OF MERCHANTS
12.1. Products. The Software may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products are made available by third parties. The Company makes no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Software). Such information and the availability of any Product are subject to change at any time without notice. The Company made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, the Company cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only. For Products available for children’s use, these Products are intended for sale to adults.
12.2. The Company has no liability for any content on the Software that you find to be offensive, indecent, or objectionable. For certain videos, movies, TV programs, video games, computer games, and other Products, these might be labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
12.3. The Company is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Merchandise or Supplier, advertisers, or other third parties to whose sites the Software is linked. While the Company’s goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Software. Always read labels, warnings, directions, and other information provided with the product before purchasing the product. It is your responsibility to ascertain and obey all applicable local, national, and international laws, statutes, ordinances, rules and regulations regarding the purchase, possession, and use of any Product.
12.4. By purchasing Products from the Software, you acknowledge that all orders will be fulfilled by the third-party Merchant and not the Company. The Merchant will be responsible for all processing, shipping, returns, and customer service related to your order. Products purchased from a Merchant can only be returned to that Merchant in accordance with its return policy.
12.5. To the fullest extent provided by applicable law, the Company has no responsibility or liability for any Merchant or their Products. the Company does not have control of or liability for the Products that are paid for or uploaded or provided for in the Software. The Company likewise does not ensure that buyer or Merchant will complete a transaction. The buyer and the Merchant are entirely responsible for the sales transaction between them. The actual contract of sale of the merchandise is directly between the buyer and the Merchant. It is understood that the Company is not a party to such contract or any other contract between the buyer and the Merchant and accepts no obligations in connection with the said contract such as breach of express and implied warranties, misdelivery, non-delivery, loss or damage to the merchandise.
12.6. Prices and availability of items on the Software is provided by the Merchant. The Company does not keep an inventory of any items that are being sold on the Software.
12.7. The Company cannot confirm the price or availability of an item. Pricing or availability errors may occur on the Software. The receipt of an order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a Product. The Company or the Merchant reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from the Software. the Company or the Merchant may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
12.8. Use of the Software may subject to the payment of certain fees and the Company reserves the right to charge fees based on a Fees Schedule to be formulated by the Company and posted on the Software. The Company reserves the right to revise any and all fees from time to time, without notice.
12.9. The buyer and the Merchant shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Software and its services, including, but not limited to, those arising from the transactions between them, in a timely manner through a valid payment method.
12.10. The Company reserves the right to cancel or terminate delinquent accounts or accounts that have failed to pay the necessary fees for such period of time as may be determined by the Company.
12.11. The Merchant warrants that all prices provided in the Software are accurate at the time of publication. However, the prices might change anytime during the day. The Merchant further warrants that the availability of Products listed in the Software is true and accurate at the time of publication. The Company does not guarantee that the same item will have sufficient quantity at the time of fulfillment.
12.12. The total price for Products and/or services ordered, including delivery charges and other charges, will be displayed in the Software upon checkout. You shall pay the final service fee in accordance to Section 7. In case of alteration of order and with full consent of the User, during the course of fulfillment, you agree to pay any excess amount incurred if such alteration will result in a higher amount than what was checked out in the Software.
12.13. The Company reserves the right to modify, add, or remove Products for sale on the website or mobile application without prior notice.
12.14. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Software and upon confirmation of your booking with the Rider.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
13.1. The Software, and all content, materials, goods, services, functionality, and other items included on or otherwise made available to you through the Software, is provided by the Company on an “As Is”, “As Available” and “With All Faults” basis. The Company does not makes any representation or warranties of any kind, express or implied, as to the operation of the Software or the content, materials, goods, services, functionality, or other items included on or otherwise made available to you through the Software, or reliability, accuracy, timeliness, usefulness, or completeness of any Materials. The information, software, products, and services included in or available through the Software may include inaccuracies or typographical errors. Changes are periodically made to the content, layout, format and design of the Software and to the information therein. The Company has the right to make improvements, changes, revisions, or otherwise issue restrictions on the content, layout, format and design of the Software at any time at its sole and absolute discretion including posting of advertisements, links to third party websites and other contents. The Company will not be liable for the improvements, changes, revisions, or restrictions on the content, layout, format and design of the Software.
13.4. The Company will not be liable for any errors, omissions, loss of data, materials or functions by third party sites linked to or from the Software and operated by other entities. Third party websites linked to or from the Software are the responsibility of those other entities and the Company does not endorse the sites even if a link is established between the Software and the website of the other entity.
13.5. The Company and its suppliers may make available various Materials. The Materials are for informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.
13.6. If you find an error or notice something that does not look quite right on the Software, the Company would appreciate it if you let us know by contacting us.
14. COMPLIANCE WITH APPLICABLE LAW
14.1. You must comply with all applicable laws, ordinances, rules and regulations regarding the proper use of the Software and its Services. Your unauthorized use of the Software or unauthorized, improper or fraudulent use of your account shall subject you or any Third-Party to a claim for damages, and/or civil or criminal liability in accordance with the applicable laws, ordinance, rules and regulations.
14.2. Hacking or cracking or interference in a computer system/server information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices without the knowledge and consent of the owner of the computer or information and communication system, including the introduction of computer viruses and the like resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents shall be punished by a minimum fine of One Hundred Thousand pesos ( Php 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years. (Section 33(a) of the Philippine Electronic Commerce Act)
14.3. Piracy or the unauthorized copying, reproduction, dissemination or distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recording or phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited, to the internet, in a manner that infringes intellectual property rights shall be punished by a minimum fine of One Hundred Thousand Pesos (Php 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years. Section 33(b) of the Philippine Electronic Commerce Act).
16. DEACTIVATION OR SUSPENSION
16.1. The Company has the right, in its sole discretion, to deactivate or suspend your access to the Software or any of its services or any portion thereof at any time, without notice. Upon termination of the Software or any of its services, your right to use the Software immediately ceases. The Company shall have no obligation to maintain any content or to forward any unread or unsent messages, bids, notices, materials or data to you or any third party. The Company shall have no obligation to maintain any content or to forward any unread or unsent messages, bids, notices, materials or any data to you or any third party.
16.2. The Company also has the right to deactivate or suspend unconfirmed accounts or accounts that have remained inactive for such period of time as may be determined at its sole discretion.
16.3. User/s at any point can send a message to our in-app customer support to request for account deletion.
17. RELATIONSHIP OF PARTIES
21. ENTIRE AGREEMENT
22. GOVERNING LAW AND VENUE
24. CONTACT US
24.1. If you have any questions or comments, please contact us at https://dingdong.ph through the Software or by e-mail at firstname.lastname@example.org
Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
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