Terms of Use – MEMBERS & CONSUMERS.

These Terms of Use set forth the conditions on which you use the Website (“the Website”) and services offered by www.wecareforhome.ph – the Website. These Terms of Use are a contract between you and We care for Home – Marketplace & Remittance. By using the Website, you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use and to comply with all applicable Philippines laws and regulations.

We may amend these Terms of Use at any time without notice in our sole discretion and the changes will apply immediately. Please check this page regularly to ensure you are aware of any changes. Our Privacy Policy published on the Website form part of these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of the Website. A reference to these Terms of Use includes all such policies.

These Terms of Use apply to all users of the online marketplace, whether you are a visitor simply browsing the Website or are a registered user.

These Terms of Use do not cover your legal relationship with any Sellers pursuant to this Website. The terms and conditions governing your relationship with such Sellers shall be defined between you and such third parties.

1. Nature of the Website

wecareforhome.ph is a website designed for food & grocery retailers and their customers. Details of what we offer to you are outlined on the “About Us” section of the Website. wecareforhome.ph does not buy or sell goods. We are not involved in the actual transaction between Consumers and Retailers on the Website. We act as a passive conduit for the exchange of information and goods and are therefore not involved in the actual transaction. Consequently, we do not have any control over and do not guarantee the quality, accuracy, safety, suitability, or legality of any items listed or content posted by Retailers, the truth or accuracy of listings, or the ability of Retailers to sell on the Website. In particular, we cannot ensure and do not guarantee that a Retailer will actually complete a transaction or act lawfully in using the Website. See Paragraph 5 below.

You are solely responsible for transactions between you and Retailers advertising via the Website, and for independently verifying all information on that site before relying on it in any manner. You must ensure that any form of payment provided for purchased items is valid and that you provide payment as agreed upon. If you do not provide complete or accurate information, Retailers may not be able to provide you with the purchased items. Please note that wecareforhome.ph does not have access to your credit card details, and does not store credit card or other personal financial information. Your transaction will be complete upon the Retailer’s receipt of your payment at the Retailer’s designated PayPal account.

2. Eligibility to use the Website

You are entitled to use this Website if you believe you are capable of forming legally binding contracts. wecareforhome.ph does not underwrite any transactions that take place on this website.

3. Use of the Website

The information provided on the Website can be accessed free of charge. Registration is also free. For the benefits of registration, go to the “Buyer’s Benefits” page. Retailers don`t pay us a set fee for listing on the Website. We charge Retailers a commission based on the amount or value of purchases and sales made via the Website.

All information provided by you, all members and all Retailers, in your registration in connection with the Website must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe this is not the case. If you register as a user, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential. We will never ask you to send your password or other sensitive information to us in an e-mail or to enter it via any website other than one with the URL www.wecareforhome.ph. If you suspect any unauthorised use of your account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account.

We use industry standard techniques, including encryption to process and store personal information. However, to the extent permitted by law, we do not accept responsibility for the security of personal information transmitted over the Internet or the unauthorised access to or use of your personal information. Please refer to our Privacy Policy.

We use commercially reasonable efforts to maintain the Website at all times and keep it operating free from bugs, errors, technical problems, or defects. In the event that any bugs, errors, technical problems, or defects are identified, we will assign technicians to promptly triage and resolve the issue, and to provide a work around. If at any time you become aware of an error, bug, or other technical problem, we ask that you promptly notify us of the incident at: info@wecareforhome.ph providing the following information:

  • (a) the specific sequence events causing the incident;
  • (b) the exact wording of any bug or error messages, if applicable;
  • (c) a full description of the incident; and
  • (d) any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

4. Suspension or Cancellation of Registration

We may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed any fraudulent or other illegal activity, we may report you to relevant law enforcement authorities. We also reserve the right to discontinue operating the Website at any time.

5. Sellers’ Listings

Retailers are required to list all prices in Philippine Peso and to clearly state any additional charges. We receive listings for publication in good faith on the basis of representations given by Retailers. We do not endorse any items advertised on the Website, or make any warranty or representation that they are of a particular quality or suitable for any purpose. We do not pre-screen Retailers before they register to sell on the Website. It is your own responsibility to investigate the suitability of any items listed on the Website or verify the credentials of Retailers before engaging in any transactions, if you consider it necessary.

Notwithstanding the foregoing, please let us know if you believe any information or advertisement on the Website is inaccurate or misleading or conflicts with relevant laws.

As we are not involved in transactions and are merely a passive conduit for online advertising of Retailers’ items, we have no involvement in, or control over, the terms on which they may choose to supply goods or property to you. Retailers are solely responsible for setting their own terms and conditions, including but not limited to terms and conditions of sale, payment, delivery and/or shipping, warranties, and returns, and as the Buyer, you assume all risk and liability of making purchases from any Retailer with a listing on the Website. Also, there is no guarantee that any order placed with a Retailer advertising on the Website will be accepted or filled by that Retailer, particularly if you are not located in the region where that Retailer resides and/or operates. Some Retailers may provide discount vouchers, special offers, gift certificates or other benefits via the Website. The terms and conditions of such offers will be specified by the relevant Retailers and will generally only be available to registered users. We do not take any responsibility for any such offers or benefits offered by Retailers. It is your sole responsibility to address and resolve any dispute that arises with any Retailer advertising on the Website directly with that Retailer. wecareforhome.ph has no obligation to become involved with any such dispute.

6. Specific Prohibited Uses

wecareforhome.ph may be used only for lawful purposes, and should only be used by Buyers and Retailers seeking to buy or sell Food & Grocery goods on the Website.

wecareforhome.ph specifically prohibits any other use of the Website, including but not limited to the following: (a) using the Website for any purposes other than as a Member, Buyer and Retailer; (b) posting or submitting to the Website any information in which you impersonate or claim to be in any manner another person (living or deceased), an animal, a place, or a fictional character, or in which you misrepresent your affiliation with another person or entity; (c) posting or submitting to the Website files which you do not own in full the rights, (d) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website; (e) taking any action that disrupts, tampers with, interfering with, or imposing an unreasonable burden on the Website’s infrastructure, servers, data, or network, or those of any third party via the Website; (f) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari); (g) posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website or of any computer software, hardware, or telecommunications equipment; (h) deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website; (i) aggregating, copying, or duplicating in any manner any of the software making up a part of the Website or any of the content or information available on the Website; (j) using any means of automatically searching or mining data from the Website or in any way attempting to interfere with the proper working of the Website or transactions with businesses advertising through the Website; (k) stalking, harassing, or threatening any Member, Buyer, Seller, Retailer or user of the Website; or (l) collecting or storing personal information about any other Member, Buyer, Seller, Retailer or user of the Website.

We reserve the right (but do not have the obligation) to suspend or terminate any Members, Buyers, Sellers, Retailer or Users who do not appropriately use the Website. If you become aware of an inappropriate use, please notify us at our e-mail address, which is info@wecareforhome.ph

7. Reviews, Comments and Other Content

You may post reviews, comments, and other content on the Website regarding Buyers and Retailers, and also submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but do not have the obligation) to delete or remove such content. We do not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant to us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and to grant sublicenses to third parties, including the businesses to which such content was directed. You grant to us and our sublicensees the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, and that the use of the content you supply does not violate these Terms of Use hereunder. You agree to indemnify, defend, and hold harmless wecareforhome.ph and our sublicensees for all claims resulting from the content you supply. We have the right to monitor and remove any activity or content at any time without notice. Our sublicensees also have the right to remove content at any time without notice. We take no responsibility and assume no liability for any content posted by you or any third party.

8. Intellectual Property Infringement Complaints

We respect the intellectual property rights of others. If you believe that your intellectual property has been copied in a way that constitutes infringement of intellectual property, please provide us with the following:

  • (a) the name of the owner and a signature of the person authorised to act on behalf of the intellectual property interest that is alleged to be infringed;
  • (b) a description of the work, product, or other intellectual property that you claim has been infringed;
  • (c) a description of where the material is located on the Website;>
  • (d) your address, telephone number, facsimile number and e-mail address;
  • (e) a statement by you affirming your good-faith belief that the disputed use is not authorized by the intellectual property owner or its agent; and
  • (f) a statement by you made under prosecution of false statementsthat you are the intellectual property owner or authorised to act on the intellectual property owner’s behalf.

All intellectual property infringement complaints should be directed to us at info@wecareforhome.ph

9. Intellectual Property

All trade marks, inventions, designs and copyrightable material, including but not limited to content (such as text, images, audio and video files) (“the Content”), code, design features, databases, and compilations (i.e. the collection, arrangement, and assembly of materials) are owned or licensed by us unless otherwise indicated. Except to the extent that the Content or other copyrightable material is owned by you, you may not reproduce, display, publicly perform, copy, distribute, or otherwise use for any commercial purpose any portion of the Website without the express written permission of wecareforhome.ph. The use of any copyrightable material on any other website or in a networked computer environment for any purpose is prohibited. Any code that we create to generate or display any content on the pages of the Website is also protected by our copyright and you may not copy or adapt such code.

10. Third Party Websites

This Website may contain links to other websites of Retailers, which are not maintained or controlled by us. We do not endorse, accept any responsibility for the content or use of any third party websites, or make any representations about the information, products, services, or materials found on such third party websites. We reserve the right (but do not have the obligation) to delete or remove any links to websites containing such content. We do not regularly review the posted content to external websites linked to the Website. We take no responsibility and assume no liability for any content posted by any third party on an external website.

11. Disclaimer and Limitation of Liability

We make no guarantee or representation, either express or implied, as to the accuracy, correctness, value, timeliness, or completeness of any information on the Website, to the financial condition of any Member, Buyer, Seller, Retailer or User listed on the Website. All listings and other information is provided “as is” and “as available” basis and we do not represent that it they are complete, current, or free from errors or omissions. We do not control the content posted to the Website or linked to the Website through third party websites, including the content of any messages, reviews, websites linked to the Website, and we do not guarantee the accuracy, integrity, quality, timeliness, or appropriateness of such content, nor can we guarantee that any product, vehicle, or real estate sold on the Website is free of defects. The use of the Website and any third party websites linked to the Website is at your own risk. You should verify all information provided. Access to the Website or any third party websites may be interrupted by a variety of factors, including those outside our control. We cannot warrant or represent that access to the Website or any third party websites will be continuous, uninterrupted, virus-free, or secure, nor can we ensure that the Website will be bug-free, error-free, or free of technical problems. We will however, use reasonable care to maintain uninterrupted, bug-free, error-free service on the Website. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS, OR ADVICE GIVEN BY US, OUR AGENTS, OR OUR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CERTAIN PHILIPPINE LEGISLATION DOES NOT ALLOW FOR AN EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THAT THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED OR THAT THE WEBSITE WILL OPERATE BUG-FREE, ERROR FREE, OR UNINTERRUPTED.

12. Waiver and Release of Claims; Indemnification

To the extent permitted by law, you expressly agree to waive and release us and our officers, directors, employees, independent contractors, representatives, and agents from any and all claims, damages, losses, costs, or expenses, including but not limited to reasonable attorneys fees, in any way connected with a dispute you may have with a Member, Buyer, Seller, Retailer or User using the Website. You further agree to indemnify, defend, and hold us, our officers, directors, employees, independent contractors, representatives, and agents harmless against any and all claims, demands, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with (i) a breach of these Terms of Use; (ii) a breach of any terms or conditions entered into by you with any third party through the Website; (iii) any infringement or contributory infringement of the intellectual property rights of wecareforhome.ph or any third party on the Website; (iv) a dispute between you and any third party arising out of the use of the the Website, including but not limited to any disputes alleging fraud or negligent misrepresentation by any Member, Buyer, Seller, Retailer or User; or (v) any violation of the Philippine anti-discrimination laws and regulations or any other applicable law or regulation.

13. General

You may close your account at any time. We may suspend or terminate your account at any time without notice at our sole discretion if we suspect you have breached these Terms of Use or if these terms otherwise permit. We also reserve the right to discontinue operating the Website at any time at our sole discretion. You will remain liable for obligations incurred to your account even if it has been closed. Paragraphs 10, 11, and 12-13 of these Terms of Use will also continue to apply once your account has been closed. You may not assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent. You agree that we may assign this agreement without prior notice in the event of a merger, acquisition or sale of all or part of our business. No waiver of any breach of these Terms of Use, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege.

Our relationship of the parties is one of independent contractors and nothing in these Terms of Use will imply a relationship of partnership, joint venture or principal and agent.

If any provision in these Terms of Use is found or held to be invalid or unenforceable or capable of termination by a party in any jurisdiction in which this agreement is performed, then the meaning of that provision will be construed, to the extent feasible, to render the provision enforceable. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use which are to remain in full force and effect.

We will send any legal notices or communications regarding your account to your designated e-mail address. Please ensure that a valid e-mail address is designated to your account at all times. Your primary point of contact with wecareforhome.ph should be via the “Contact Us” tab on the Website menu. Any formal notices or communications should be sent to our postal address provided at the beginning of these Terms of Use. Notices sent by e-mail or confirmed facsimile will be deemed to have been received 24 hours after being sent, regardless of whether you have actually read the notice or not. Notices sent by mail should be sent by pre-paid registered mail return receipt requested or by a recognized international courier, and will be deemed to have been received five (5) days following the date in which they were sent.

14. Dispute Resolution

These Terms of Use are governed by the laws of the Phillipines without regard to conflicts of law principles. The parties agree to submit all disputes arising under these Terms of Use to a certified mediation or arbitration person or entity except that where appropriate, disputes may instead be reported to the police or law enforcement agencies. For the avoidance of doubt, all claims brought against wecareforhome.ph must be submitted in accordance with this Paragraph 1. In the event that any submitted claim fails to be resolved, the parties submit to the jurisdiction of the Courts of Cebu City, Philippines.