TERMS OF USE

1. INTRODUCTION

Welcome to Gets Marketplace Online Platform (the “Platform”). Please read these Terms of Use carefully before using the Platform and opening a Gets Marketplace Account (“Account”). These Terms of Use govern your use and access of the Platform and the ordering or purchasing of any Products and/or Services from the Platform. By accessing the Platform or ordering any Products and/or Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms, you must immediately cease the use of the Platform.

These Terms of Use may be modified from time to time by Gets Marketplace, with or without notice, and your continued use of the Platform after such modification shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of these Terms, you must immediately cease use of the Platform.

If you are under 18 years old, you must have your Parent or Legal Guardian’s Permission to use Gets Marketplace Account. Your Parent or Legal Guardian must read these Terms of Use and have read these Terms with you. Their acceptance of the Terms applies to your actions, any charges associated with your use of the Platform or purchase of any of the Products/Services, and your acceptance and compliance with these Terms of Use. Your Parent or Legal Guardian is responsible for all of your activities within the Platform, without their consent, you must immediately cease the use of the Platform.

As used in this Terms of Use, “we”, “us” and “our” mean Gets Marketplace or Gets Online PH Inc, “You” means the User of Gets Marketplace Platform.

2. DEFINITION OF TERMS

For purposes of these Terms of Use, the following shall have meaning:

  1. A.

    Gets Marketplace – refers to the online platform service, accessible through a website and/or mobile application, that provides a place and opportunity for the sale of products and services between Customers and Sellers and/or Service Providers through the following services: (1) listing and selling of Products and/or Services; (2) acting as a payment processing agent for the Seller/Service Provider; (3) providing content production, sales traffic activities and/or Order fulfillment services; or (4) such other services provided to the Seller/Service Provider. Gets Marketplace is own and operated by Gets Online PH Inc., a company duly registered and existing under the laws of the Philippines.

  2. B.

    Seller – means the Seller of Products in Gets Marketplace

  3. C.

    Service Provider – means the Service Provider for the Services posted in Gets Marketplace

  4. D.

    Platform – refers to Gets Marketplace, accessible through a website and/or mobile application made available for download from relevant mobile application stores.

  5. E.

    Customer - means any person(s), or company who use the online Customer Account to enter into any transaction to purchase Products or Services from the Seller or Service Provider through the Gets Marketplace

  6. F.

    Content – means any photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited in the Platform, whether provided or submitted by you, Gets Marketplace or a third party. It shall include any marks, trademarks, logos, brand names, copyright and any related intellectual property displayed, uploaded, exhibited in the Platform, whether owned by you, Gets Marketplace, or a third party.

  7. G.

    Products – means the goods that Sellers offer or sell through Gets Marketplace. In general, Products offered in Gets Marketplace shall have fixed price.

  8. H.

    Services - means the Services that Service Provider offer or sell through Gets Marketplace. In general, Services offered in Gets Marketplace may have fixed price, or subject to Quotation or Inquiry to the Service Provider.

  9. I.

    Intellectual Property Rights – shall consist of copyright and related rights, trademarks and service marks, geographic indications, industrial designs, patents, layout-designs of integrated circuits; and trade secrets registered and protected by the Intellectual Property Code of the Philippines and any applicable laws and regulations

3. THE GETS MARKETPLACE

Gets Marketplace is an online platform service that provides a place and opportunity for the sale of Products and Services between the Customer and the Seller and/or Service Provider. Gets Marketplace’s services include receiving through its website and/or mobile application Customer’s orders or purchases of Products/Services for delivery and coordinating such delivery from Seller/Service Providers to the Customer.

The actual contract for sale is directly between the Customer and Seller/Service Provider and Gets Marketplace is not a party to that or any other contract between Customer and Seller/Service Provider and the Gets Marketplace accepts no obligations in connection with any such contract. You, as a Customer, and the Seller/Service Provider will be entirely responsible for the sales/service contract between you and Sellers/Service Providers. Gets Marketplace acts only as an intermediary/facilitator and is not and cannot be a party to or control any sale transaction between you and Sellers/Service Providers. The listing and availability of Products/Services are the sole responsibility of the Sellers/Service Providers as the ones offering, selling, and providing the Products/Services.

4. PRIVACY POLICY

In using the Platform, and as part of the registration process, certain information about you may be collected by Gets Marketplace to identify you as a Customer. Information may include, but not limited to: Name - first and last name, email address, mobile phone number and other contact information, demographic profile (such as age, gender, address, etc.) and information about the pages on the Platform that you access, either through the website or mobile application, the links that you click on, the number of times you access a particular page, and any of such information.

You agree that all the information you have provided to us may be used for sending of informational, marketing or promotional materials via including but not limited to e-mails, SMS Notifications and any and all notices, updates and other methods we may use for communications. Please read Gets Marketplace PrivacyPolicy for further information.

In the event that Gets Marketplace is required by law, or legal process to disclose any information you have submitted to us, you agree that we shall disclose such information to the extent possible as required by law or the process, and in accordance with Gets Marketplace Privacy Policy. Your continued use of the Platform shall constitute your consent and agreement

Your Privacy is very important to us and we are committed to take reasonable measures in protecting information provided to us. We have the Gets Marketplace Privacy Policy that explains our Privacy practices. Please review the Privacy Policy to fully understand how Gets Marketplace collects, uses and discloses information collected and received from you.

5. REGISTRATION AND ACCOUNT

You may generally browse the Platform without registering or providing your personal information. However, in order to access and fully utilize the Gets Marketplace’s services, a Gets Marketplace Account is required to be created. If you elect to register for an account and save the information in Gets Marketplace, your information may be available for use within Gets Marketplace.

  1. a.

    Account Registration: You may create an account by providing the necessary information required for the registration. You warrant that all information you provide is accurate, up to date, truthful and complete.

  2. b.

    Password: You must keep your password secure and confidential. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party.

  3. c.

    Account Information: You may update your Account information anytime. You are solely responsible for all the information you have entered in your Account. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Content”). You are responsible for your Account and any Content you upload and save in Gets Marketplace. If you violate these Terms of Use, Gets Marketplace may cancel your existing Account, with or without prior notice.

Unless expressly permitted by Gets Marketplace and subject to these Terms and any other additional terms set forth by Gets Marketplace, you shall not create multiple Accounts. You shall not lend, transfer or sell your Account or username to another party and must not use another user's Account without their permission.

6. USE OF THE SERVICES

Subject to your compliance with these Terms, Gets Marketplace grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the services of Gets Marketplace. This license is solely to enable you to use and enjoy for your benefit the Gets Marketplace’s services and does not include the right to appropriate, modify, or make derivative works of the Platform, either its website or mobile application, or any of its Content.

The license for use of this Platform and its services is effective until terminated. This license will terminate as set forth under these Terms of Use or due to non-compliance with these Terms of Use. In any such event, Gets Marketplace may effect such termination with or without prior notice.

You shall use the Platform in accordance with these Terms of Use, and shall NOT:

  1. a.

    violate any applicable laws, rules or regulations while accessing or using the Platform;

  2. b.

    upload, post, or otherwise make available any Content that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right;

  3. c.

    copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Platform;

  4. d.

    use the Platform to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable;

  5. e.

    upload to, or transmit through the Platform any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components;

  6. f.

    impersonate any person or entity or to falsely state or misrepresent your affiliation with any person or entity;

  7. g.

    copy or distribute any part of the Platform in any medium without Gets Marketplace’s written consent;

  8. h.

    in any manual or automated manner collect user information, including but not limited to, names, addresses, phone numbers, or email addresses,

  9. i.

    copy copyrighted text, or otherwise misuse or misappropriate any Platform information or content, including but not limited to, use on a "mirrored", competitive, or third-party site;

  10. j.

    take any action that: a.) unreasonably encumbers or, in Gets Marketplace sole discretion, may unreasonably encumber the Platform's infrastructure; b.) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform, or the business of Gets Marketplace in general; or c.) bypasses Gets Marketplace's measures that are used to prevent or restrict access to the Platform;

7. SUBMITTED CONTENT

You grant, and warrant that you have the right to grant us a non-exclusive, royalty-free license to use all the information or Content you submit and provide to the Platform, including but not limited to (a) your profile or Account; (b) the posting of any inquiry, reviews, comments or suggestions in connection with the Platform or any of its Content. You understand that you are fully responsible for your own submitted Content and the consequences of posting or publishing it to the Platform. Each user of the Platform is hereby granted a non-exclusive, royalty-free license to access your submitted Content through the Platform, and to view, read and use, such Content as permitted by the Platform and under these Terms of Use.

Gets Marketplace reserves the right to determine whether any information or submitted Content comply with these Terms of Use. You agree that Gets Marketplace may, in its sole and absolute discretion review or remove any submitted Content that violates this Terms of Use.

8. ORDERING

Any contract of sale or purchase entered by you for any Product/Service through the Platform is between you and the Seller/Service Provider. You understand that in ordering the Products/Services, you are ordering from Sellers/Service Providers and not Gets Marketplace. Gets Marketplace is only a platform that provides services for customers to order and for Sellers/Service Providers to offer for sale their Products/Services. We do not keep or stock an inventory of Products sold through the Platform and we do not fulfill the Services offered by Service Providers.

You are responsible for providing us with correct details of your orders as well as your information and warrant that these are accurate and complete at the time of ordering. Any disclosure by us of such information to third parties for purposes of completing delivery to you will be in accordance with Gets Marketplace Privacy Policy.

All Products ordered through the Platform is subject to product availability, acceptance, and confirmation of the Sellers. Once orders are received and confirmed by the Sellers, Gets Marketplace will coordinate delivery in accordance with the terms set forth herein.

9. PRICES AND AVAILABILITY OF PRODUCTS/SERVICES

Information regarding prices, specifications, and availability of Products/Services are provided by Sellers/Service Providers. Prices are inclusive of all taxes and other fees, except delivery fees.

All information regarding prices, specifications, and availability of Products/Services provided by Sellers/Service Providers are accurate at the time of publication. Gets Marketplace reserves the right to make changes or modify any information as soon as possible upon advise of the Seller/Service Provider.

You agree that while Gets Marketplace exercises its best efforts in posting accurate pricing information, it shall not be liable for price inconsistency. You also agree that Gets Marketplace reserves the right to modify, add, or remove Products/Services available for sale on the Platform without prior notice.

10. PAYMENT

Total price for the Products/Services ordered, including delivery fees and other charges, on the Platform will be displayed on the Platform upon checkout. Full payment must be made for all ordered Product/Services through Cash on Delivery (“COD”) or any payment facility chosen.

You warrant that any payment details you provide to us are accurate and complete at the time of making the payment. You also warrant that any credit or debit card details you provide are your own and you are authorized to use it.

11. DELIVERY OF PRODUCTS AND FULFILLMENT OF SERVICES

The delivery of Products is between you and Gets Marketplace, while the fulfillment of Services is between you and Service Providers.

You are responsible for providing us with accurate, complete, and up to date delivery details at the time of placing your orders through the Platform. You are also responsible in making arrangements for the receipt of the Products to be delivered or the Services to be fulfilled, including granting access to the delivery address when necessary, and appointing persons to receive the Products/Services.

Gets Marketplace engages third party providers for its delivery service. We will exercise our best efforts to ensure we will carry out delivery in the time frame indicated in the Platform. Estimated delivery time indicated upon placing your orders are approximations only and may still vary depending on flow of traffic, weather conditions, and location restrictions. In the event that delivery is not completed in the estimated delivery time frame indicated in the Platform, you may contact us through e-mail or chat feature in the Platform.

If Gets Marketplace is unable to deliver the Products due to, but not limited to, the following reasons: a.) wrong name or address indicated in the order, b.) refusal to accept the Products, or c.) your absence and Gets Marketplace fails to deliver the Products after at least two (2) additional attempts within seven (7) working days after 1st attempt, the order shall be considered as failed delivery of Products. The order shall be cancelled by the Seller and you will be entitled to refund, subject to the Gets Marketplace Cancellation, Return and Refunds Policy and Guidelines, and net of additional charges, if applicable.

Gets Marketplace cannot be held liable for any losses or damages, non-delivery/non-fulfillment, or delay of delivery/fulfillment when the cause thereof is solely due your fault or negligence. This includes your failure to provide adequate delivery details, arrangements or access, or failure to appoint persons to receive the Products/Services being delivered or fulfilled.

12. CANCELLATION

Gets Marketplace is entitled to cancel any order/s due to the following reasons:

  1. a.

    Products/Services are not available for delivery or fulfillment at an agreed delivery or fulfilment time;

  2. b.

    There is reasonable ground to believe that the order is a fraudulent or suspicious transaction;

  3. c.

    Unpaid orders for more than two (2) months, or

  4. d.

    The fulfillment of the order is or will be prejudicial to Gets Marketplace in any manner

Customer is also entitled to cancel orders for reasons indicated in the Platform. If the orders were already paid prior to any cancellation, Gets Marketplace will process the refunds in accordance with Gets Marketplace Cancellation, Return, and Refunds Policy and Guidelines.

13. RETURN, AND REFUNDS POLICY

You may return any Product delivered within seven (7) days after delivery subject to the approval by the Sellers and for the following reasons:

  1. a.

    Defective item,

  2. b.

    Wrong delivered Item,

  3. c.

    item is not the same as posted in Gets Marketplace,

  4. d.

    Incomplete accessories or inclusions, or

  5. d.

    Expired products.

Upon successful return of Products to the Sellers, you are entitled to be refunded subject to conditions and compliance with the provisions of Gets Marketplace Cancellation, Return and Refunds Policy and Guidelines.

14. NOT PARTY/NO AGENCY OR PARTNERSHIP

The actual contract for sale/service relating to any Product/Service offered through the Platform is directly between you and Seller/Service Provider. Gets Marketplace acts only as an intermediary/facilitator and is NOT and CANNOT be a party to or control any sale transaction or any other contract between you and Seller/Service Provider. Get Marketplace accepts no obligations and shall not be liable to any party in connection with any such contract between you and Seller/Service Provider. Gets Marketplace’s delivery service is separate, distinct, and independent from your contract of sale/service with Sellers/Service Providers and is subject to conditions and limitations set forth under this Terms of Use.

There is no agency, partnership, joint ventures or employment created between you and Gets Marketplace by these Terms of Use or your use of the Gets Marketplace Platform.

15. INTELLECTUAL PROPERTY

All title, ownership and Intellectual Property Rights in and to the Gets Marketplace Platform and its Content shall remain with us, our affiliates or licensors, as the case may be. All rights not otherwise claimed under this Terms of Use or by Gets Marketplace are hereby reserved. The Gets Marketplace Platform embodies Intellectual Property Rights registered and protected by the applicable laws and regulations.

By using or accessing Gets Marketplace Platform, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect all Products/Services, the Platform, its Content or any part thereof. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of any Products/Services, the Platform or its Content or any part thereof. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy the Platform, without our prior written consent.

16. TERMINATION OF SERVICE/ACCOUNT

Gets Marketplace reserves the right at any time and from time to time to change, modify, suspend or discontinue, temporarily or permanently, the Platform or any part thereof with or without prior notice and in its sole discretion. You agree that Gets Marketplace shall not be liable to you or to any third party for any modification, suspension or discontinuance of Gets Marketplace’s services.

In our sole and absolute discretion, we may terminate your access to the Platform and/or disable your Account:

  1. e.

    Gets Marketplace may terminate your Account and/or your access to the Platform at any time, for any breach of these Terms, or any additional terms or policies

  2. f.

    Gets Marketplace may terminate your Account and/or your access to the Platform at any time, without any reason and without prior notice.

Any termination of service or access to the Platform, or termination of your Account, will not cancel your obligation to pay for the Products/Services already ordered or affect any liability that you may have incurred pursuant to these Terms of Use prior to the date of termination.

17. NOTICES

Any notice required to be given by the Company may be made through the Platform.

18. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITIES

You agree that your use of the Platform is at your own risk. The Platform, content, software, artwork, data and information are provided “as is” and “as available” without warranty of any kind. Gets Marketplace makes no warranties and representations, and disclaim all warranties, representations, or conditions of any kind, implied, express resulting from or in connection with the Platform and your use or inability to use thereof.

Gets Marketplace exercises diligence and best efforts to ensure that information displayed on the Platform is accurate and up to date. Without prejudice to the generality of the foregoing, we do not warrant:

  1. a)

    that your access to Gets Marketplace Platform or any Content thereof, shall be secure, uninterrupted, timely or free from errors or omissions; or

  2. b)

    that Gets Marketplace Platform or its Content are free from any computer viruses or other malicious, destructive or corrupting code, agent, program or macros. Gets Marketplace does not accept liability for losses of information, viruses or other damages caused to your computer system from the use of the Platform or

  3. c)

    that Gets Marketplace Platform may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Gets Marketplace is not responsible for any delays, delivery failures, damages, or losses resulting from such problems; or

  4. d)

    that the Products/Services you have acquired through your access to Gets Marketplace Platform shall meet your expectations or requirements, including its authenticity, accuracy, merchantability, defect or non-defect. If you have complaints about the Products/Services you ordered, you may contact the Sellers/Service Providers directly. If you wish to report a Seller/Service Provider, you may contact us at the details provided below.

In no event shall Gets Marketplace or its subsidiaries, affiliates, partners, suppliers or licensors be liable whether in contract, warranty, for:

  1. a)

    any indirect, incidental, consequential, special or exemplary damages arising out or in connection with (i) your access or inability to access the Platform or any third party links and resources, (ii) your conduct or the conduct of other users in connection with the purchase of Products/Services, including without limitation, death, bodily injury, emotional distress and other damages resulting from communications or meetings with other users or persons you meet through the Platform, whether or not the damages were foreseeable and whether or not Gets Marketplace was advised of the possibility of such damages; or

  2. b)

    the conduct of delivery of Products and fulfillment of Services to the fullest extent allowed by law. This does not affect your legal rights as a customer. If Gets Marketplace is found liable any loss or damage, such liability is limited to the amount you have paid for the Products/Services ordered; or

  3. c)

    Loss of use, loss of profits or revenues, loss of data, in each case whether direct or indirect.

Gets Marketplace shall not be liable for any failure or delay in delivering Products when such are due to any acts or omissions outside our control such as any extraordinary or unforeseen events caused directly and exclusively by force majeure which cannot be anticipated, controlled, or prevented by exercise of diligence, precaution, and care including but not limited to war, riots, law or government orders, acts of third parties, and extreme weather conditions (i.e. typhoons, floods, earthquakes).

You agree to indemnify and hold harmless to the fullest extent allowed by law, Gets Marketplace, its employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses of any nature whatsoever arising due to your use of the Platform, your breach or violation of any term or provision of these Terms of Use, your breach or violation of any third party right of any nature, including but not limited to their copyright, intellectual property or privacy rights.

19. ADVERTISEMENTS AND THIRD-PARTY LINKS

Gets Marketplace may display advertisements and promotions on the Platform. We may provide third-party links to other websites or resources. You agree that Gets Marketplace is not responsible or liable for:

  1. a)

    the availability of such third-party links or resources;

  2. b)

    any content or materials available from such third-party links or resources;

  3. c)

    the monitoring or control of such third-party links or resources including but not limited to MS Forms, Websites, Social Media Pages, Applications and others;

  4. d)

    directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you click the third-party links or resources, and leave the Gets Marketplace Platform, these Terms of Use can no longer govern you and you are advised to check the terms and conditions of those websites. Your dealings and communications through the Website with any party other than Gets Marketplace are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party;

20. CONCERNS/CONTACT US

If you have any questions or complaints, please contact Gets Marketplace using the “Contact Us” page on the Platform. Gets Marketplace will communicate with Seller/Service Provider on your questions and concerns.

21. MODIFICATIONS TO TERMS OF USE OR PRIVACY POLICY

Gets Marketplace reserves the right, in its sole discretion, to change, modify or otherwise amend these Terms of Use and any other documents incorporated by reference at any time, which may or may not be with prior notice. You may be notified of any material changes and the updated Terms will be displayed/published through the Platform. It is your responsibility to review these Terms of Use for any modifications. Your use of the Gets Marketplace Platform following any amendment of the Terms of Use or Privacy Policy will signify your assent to and acceptance of any revisions. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.

22. MISCELLANEOUS PROVISIONS

  1. a)

    Gets Marketplace may subcontract any part or parts of the Platform’s services it provides at any time.

  2. b)

    This Terms of Use together with the Privacy Policy constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement.

  3. c)

    If any provision of this Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

  4. d)

    The failure of Gets Marketplace to enforce any right or provision in this Terms of Use shall not constitute a waiver of such right or provision.

  5. e)

    This Terms of Use shall be governed by and construed in accordance with the laws of the Republic of the Philippines and you agree to submit any dispute arising out of or in relation hereto to the proper court in the City of ___________, to the exclusion of all other courts.