Terms of Use
These Terms of Use govern your use of the getKo.ph website and, unless otherwise stated, to your use of any other website or mobile application owned or operated by Exocoder Inc. or operated on behalf of getKo (collectively “our services”). Please read these Terms of Use carefully before using our services.
Agreement to Terms
By using our websites located at www.getKo.ph and/or by installing, accessing or using our web apps, mobile apps, mobile website, and subscriptions, (hereinafter referred to as "our services"), you agree to these terms or any amendment that getKo.ph may introduce in the future. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using our services.
getKo.ph may change these Terms of Use at any time
and in its sole discretion. The modified Terms of Use will be effective
immediately upon posting and you agree to the new posted Terms of Use by
continuing your use of the Websites. You are responsible for staying informed
of any changes. If you do not agree with the modified Terms of Use, your only
remedy is to discontinue using our services.
Accounts
You may be required to create an account to continue using our services. You are responsible for keeping your account secured, as well as maintaining the accuracy of necessary information required, and all other activities under your account. Hence, getKo.ph shall not be held liable if the user's account is used by another individual to use/access our services without the account owner's consent. As the account owner, you are solely responsible for safeguarding and maintaining the confidentiality of your username, email address, password, and other information. Therefore, you agree not to share or permit others to use your Account or Password; or assign or transfer your Account to any other person or entity. Also, by creating an account to use/access our site and services, you are at least eighteen (18) years old, and if you are registering for the Services for and on behalf of an entity, that you are authorized to enter into and bind the entity to these Terms of Use.
getKo.ph reserves the right to change the eligibility criteria for any reason without prior notice. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity. Due to the nature of the business, getKo.ph needs to collect personal data including (but not limited to) name, email address, phone number, and address. These data will be used to deliver the goods you order to the accurate location and the correct receiver.
Order Cancellation and Refund Policy
All orders are considered final, so please consider carefully before placing an order. The merchant would have started to prepare the food and therefore no refunds would be possible. In the event of a cash-on-delivery order, your order will be delivered as instructed and cash must be collected by the rider.
If you failed to show up to pay and claim your order for more than 60 minutes of our rider's waiting time on your specified address, your order will be forfeited, and the full amount of the order will be added to your next order as payment for the damages and you will be blocked from ordering until you have paid your previous bill.
In the event where delivered goods are incomplete and the order has already been paid in cash, you may contact getKo.ph by sending an email or by sending on getKo’s Facebook page. In these rare cases you may choose to ask the rider to go back to the store to retrieve the missing item(s) or have the total amount of the missing item(s) deducted to the total amount of your next purchase. Also, once the order has been processed, the customer/account owner may no longer change the delivery address. The orders will be delivered to the address indicated in the submitted order/request. If the customer incorrectly specified their delivery address, an address redirection fee not lower than Php 50.00 will be charged to the customer.
For online transactions, the amount of the missing item(s) or if the order has been canceled by getKo.ph or the customer shall be transferred to their online wallet. Note that this will only be applicable if the order has been verified by getKo.ph representatives and partner restaurants and only the total net amount is refunded excluding processing fees. Shall the customer insist on refunding the total amount, refund time may take 3 to 10 business days.
Orders may be canceled due to the reasons listed below:
• Delivery Address
is outside serviceable areas
• Ordered Items are
unavailable
• Merchant is unable
to accept orders
• Extreme weather
conditions
• Fake or suspicious
orders
• System or network
failure
• Other reasons that
are deemed to be impossible for delivery operations
Warranties
The materials on getKo.ph's website are provided on an 'as is' basis. getKo.ph makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, getKo.ph does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability
getKo.ph, their agents, representatives, and service providers, entire liability and your exclusive remedy with respect to your use of the websites is to discontinue your use of the websites. getKo.ph, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the websites or for any other claim related in any way to your use of the websites. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, incorrect deliveries, or any other commercial damages or losses, even if getKo.ph, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, getKo.ph, their agents, representatives and service providers' liability shall be limited to the extent permitted by law.
Governing Law and Severability
These Terms of Use are governed by and construed in accordance with the laws of the Philippines. By continuously using or accessing our services, you agree to comply with all existing laws that apply to our services. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
Amendments
getKo.ph may revise these terms and conditions of service for its website at any time without notice. By using this website and our services you are agreeing to be bound by the then current version of these Terms of Use.
License
getKo.ph and its partners own all images, names, and other
forms of digital content on our website. Permission is granted to temporarily
download one copy of the materials (information or software) on getKo.ph's
website for personal, non-commercial transitory viewing only. This is the grant
of a license, not a transfer of title, and under this license you may not:
• Copy or modify the
materials
• Use the content
and other materials for commercial purposes or any public display (commercial
or non-commercial)
• Change or remove
any copyright or proprietary notations from the materials.
• Attempt to
decompile or reverse engineer any software on getKo.ph.
• Transfer the materials to another person or “mirror” the materials on any server.
The license granted in these terms and conditions shall be automatically terminated anytime if the user violates any of these restrictions. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Accuracy of Materials
The materials appearing on our services may contain technical, typographical, or photographic errors. getKo.ph does not warrant that any of the materials on its website are accurate, complete or current as we only rely on the information provided by our partner restaurants. getKo.ph may make changes to the materials contained on its website at any time without notice. However, getKo.ph does not make any commitment to update the materials.
Hyperlinks
Our services may contain links to third-party websites or services. getKo.ph does not control or promote these websites and therefore, getKo.ph is not responsible for the contents of any of these linked sites. The use of any such linked websites is at the user’s own risk.
Order, Pricing, and Payment
All orders placed by users are subject to stock
availability. getKo.ph reserves the right to amend or reject your orders at any
time and without liability or where any product is out of stock, damaged or
spoilt, or unavailable for any other reason. getKo.ph and its partner
restaurants may change the prices of their goods and services without prior
notice.
We accept payment for orders via Cash on Delivery or using
one of the available online payment methods such as PayMaya, GCash, Visa, and
MasterCard.
For online payment methods, charges and payments are managed
by PayMongo. getKo.ph does not store and does not have access to your credit
card or account numbers.
In the event of any shortfall in payment, we reserve the
right to charge you for the additional amounts; and in the event of any
overpayment, we will reverse or refund the excess amounts paid for such items
in accordance with our prevailing refund policy at the time of delivery.
getKo.ph reserves the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per account user or
per order. These restrictions may include orders placed by or under user
accounts who have refused to pay for their previous orders or those who have
violated any of the rules and requirements stated in these terms and
conditions. getKo.ph has the right to ban users who refuse to pay for their
goods and claim that their order(s) did not arrive on time, even if the goods
were delivered in good condition and within the given time frame, depending on
how far the customer’s location is from the merchant that will fulfill the
orders.
Deliveries
getKo.ph and its riders shall not be held responsible if the
goods are delivered to the incorrect address. The customer/user shall be
charged for their goods via GCash or credit card payment. getKo.ph, its riders
and its partners try their best to prepare and package the goods for delivery.
In any such event, getKo.ph and its riders shall not be held responsible for
damages on decorations or deformation of goods. To avoid incidents involving
ruined decorations or deformed goods, please review the comments and notes
provided on the descriptions of the goods.
User Submitted Content
Our services include features for users to submit their own
review, feedback and ratings. When submitting comments, feedback, and other
suggestions, you agree not to falsify any information including (but not
limited to) your name and email address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any
comments. Comments, feedback, and other submissions that may violate the rights
of any third party (including copyright, privacy, personality, trademark, and
other proprietary rights). Any kind of submission shall not contain libelous,
unlawful, obscene material or any computer virus or malware that may cause our
systems to malfunction or lead to any incident that may affect our operations
and services in any way.
Termination of Agreement
These Terms of Use and other related policies are only
effective unless amendments have been or made or the agreement has been
terminated by getKo.ph or the account user. As the owner of the account, you
may terminate this agreement and discontinue the use of our services if you are
dissatisfied with our Services. To terminate this agreement, you may contact
our representatives to notify them that you no longer wish to use the services
offered by getKo.ph. Likewise, getKo.ph reserves the right to terminate this
agreement and block the account user without prior notice if we suspect that
you have failed to comply or have violated the provisions stated in these Terms
of Use. After the termination, you will remain liable for all amounts due up to
the date of the termination of this agreement. You may also be denied access to
our Services.