Terms and Conditions of Service

These Terms and Conditions shall apply to all orders of goods/products for delivery or pick-up under the brands of the Abaca Group featured in www.abacaeats.com (the “AbacaEats” website), the agreement to which will be considered as an offer to purchase the products in accordance with the said terms.

 

ORDERING

 

Order Placement

Cut-off time for orders are indicated in the website. All delivery orders are inclusive of Value-Added Tax (“VAT”), promos and discounts when applicable.

Upon receipt of an order, a transaction number shall be generated and sent through the provided email address and mobile number, with complete order details.

 

Order Confirmation

The Order Confirmation, which shall be sent via email or SMS, is an acknowledgement and record of the agreement to deliver the products ordered within the specified delivery time.

The Order Confirmation for orders paid through an online payment system shall be sent upon verification of receipt of payment.

Should an ordered product be unavailable or if there is a need to verify your information, AbacaEats or any of its agents/employees shall offer a reasonable substitute or confirm information, respectively, via phone call.

 

Changes and Cancellation of Orders

Should an account be used by another person on the account owner’s behalf, transactions shall be considered as the account owner’s and shall be subject to these terms:

All confirmed orders are final and cannot be modified or cancelled. Kindly review your orders carefully before checking out.

AbacaEats reserves the right to accept, decline, or modify your order, including any portion thereof, at any time.

 

PRICES AND PAYMENT

 

Menu Prices

Please refer to the ordering sections in the website to view available items.

Unless otherwise stated in writing, the prices declared in the AbacaEats website are inclusive of VAT and any other applicable government tax. AbacaEats reserves the right to modify the prices of its products at any time without notice.

Without prejudice to any inadvertent technical mistake (which will be charged to the customer), the price of the product/s shall be as reflected on the website.

 

Payment

Payment may be made via credit card/debit card (VISA, MasterCard), or payment through e-wallet (Paymaya and GCash). Kindly ensure card validity should you choose to pay via credit or debit card. The vendor reserves the right to cancel your order at any stage.

Online Credit Card Payments will be validated before delivery. For the protection of both credit card holders and AbacaEats against fraudulent use of credit, debit and charge cards, AbacaEats reserves the right to refuse delivery of products if no valid credentials are presented upon request.

Online credit card payments shall be validated before delivery through our online payment system.

By submitting your order details, you are making an offer to purchase the item(s) you have specified in your order form.  AbacaEats reserves the right to refuse your order, should it be necessary.

 

DELIVERY AND PICK-UP

 

Delivery

To avoid any discrepancy or delays in delivery, kindly provide an accurate delivery address, email address, and contact number. AbacaEats shall not be responsible for any losses on account of delays attributable to incorrect customer details.

AbacaEats uses a third-party delivery service  (via Grab Express or LalaMove) to deliver your order. The fee for which is already included in your order. We will notify you via SMS the tracking information when your order is with the delivery service.  

 

Unsuccessful or Failed Deliveries

AbacaEats reserves the right to cancel your order without refund or remedy in cases where delivery was attempted but unsuccessful due to the following reasons:

  • Absence of the recipient;
  • Inability to contact the customer/recipient through the provided contact information despite several attempts by the our Customer Care Center and/or our Delivery Ambassador;
  • Lack of appropriate or sufficient logistical/road access to deliver the order successfully;
  • Lack of a suitable or secure location to leave the ordered items;
  • No-show cancellations; or
  • Failure to receive the order with ten (10) minutes from the time of delivery despite notice of order availability.

 

Wrong Order and Missing Items

Should you discover that there are issues on the quantity of your order, kindly contact our Customer Care Center immediately at (032) 34-ABACA (032-342-2222), or message feedback@abacaeats.com. In some cases, AbacaEats may request for photographic proof and/or additional information for verification. Should the vendor determine that the products are not of satisfactory condition, or quality, compensation for your Order or parts of your Order will be provided, depending on the situation.

 

ACCOUNT CREATION AND USE

 

If you choose to create an account in the AbacaEats Website, you are (a) offering to purchase AbacaEats products; (b) representing that you have legal capacity to enter into a binding contract; (c) representing that all information provided is correct and accurate; and (d) authorized to use the mode of payment selected to complete any transaction. 

By creating said account, you agree to provide your personal information and nominate a confidential password for your account. You are responsible for maintaining the security of the password associated with your account. Should you believe that your password has been compromised, kindly change your password immediately.

Should your account be used by another person on your behalf, transactions shall be considered as your own, and shall be subject to these Terms and Conditions. 

AbacaEats reserves the right to suspend your account immediately should you breach these Terms and Conditions.

 

LEGAL STATEMENT

 

The AbacaEats website is operated and managed by the Abaca Group. The website is maintained for your personal use, viewing, ordering and delivery of food online. Access and use of this website constitutes your acceptance of these Terms and Conditions.

 

DISCLAIMERS AND LIMITATION OF LIABILITY

 

  • By using the AbacaEats Website, you agree to indemnify the The Abaca Group and their related companies; its officers, directors, parents, partners, employees, agents, distributors, affiliates, and subsidiaries for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.
  • You acknowledge that we use third party delivery services in order to facilitate the provision of certain products and services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's services.
  • While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
  • The materials on this website are transmitted and distributed "as is, where is" and appear on the website without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose. The Abaca Group makes no warranty as to the quality, accuracy, completeness and validity of any materials on the website and does not warrant that the functions contained on the website will be uninterrupted or error-free, or that defects will be corrected. Mistakes noticed shall be corrected as soon as possible and affected customers shall be notified. Where necessary, an order may be cancelled prior to shipping the product. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
  • All prices quoted are in Philippine Pesos. Price and availability information are subject to change without prior notice.
  • The materials provided in this website are for information, ordering, and promotional purposes only. Users may not rely on any information and opinions expressed in it for any other purpose. Neither The Abaca Group Inc., nor its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies are responsible or liable for any loss or damage including, but not limited to, actual, consequential, or punitive damages, liability, claim, or other injury or cause related to or resulting from any information posted on the AbacaEats Website.
  • Information on the website is subject to change without prior notice. The information should not be relied upon as a substitute for formal advice from the originating bodies or departments of The Abaca Group Inc. and its partners. Visitors who rely on this information do so at their own risk.
  • In no event shall The Abaca Group be responsible for any direct, indirect, special, consequential, incidental or punitive damages or losses alleged to be caused by or in connection with the use and consumption of content, products or services on or through abacaeats.com
  • We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.

 

Logos, Photographs & Intellectual Property 

All names, marks, images, and logos in the AbacaEats Website are intellectual property and proprietary marks of The Abaca Group. The copying and use of the Abaca Group and its brands’ logos, any website-related logos, photographic images or third party logos accessed via the AbacaEats website is not permitted without the prior written approval of The Abaca Group Inc. Permission requests should be directed to the Webmaster. Tell us who you are, the organization you represent (if any), how and why you wish to use the logo or image.  Please include your name, address, telephone number, fax number and email address.

 

Hyperlinking to Us

You do not have to ask permission to link directly to pages hosted on the AbacaEats Website. Use of logos as promotional or hypertext objects is not permitted and is subject to the previously succeeding paragraph on Logos, Photographs & Intellectual Property.

 

Hyperlinking by Us 

The AbacaEats Website contains links to other sites. The Abaca Group Inc. is not responsible for the contents or the reliability of any linked websites and does not endorse the views expressed within them. Listing should not be taken as endorsement of any kind. However, attempts are made to ensure that the hypertext links to other websites are relevant, appropriate and accurate, and provide useful additional information to The Abaca Group Inc.'s own information or services. The Abaca Group Inc. is not responsible for the privacy practices or the content of such websites.

There is no guarantee that these links will work all the time and The Abaca Group Inc. has no control over the availability of the linked pages. However, web links are regularly reviewed to ensure that sites can be accessed. If you have difficulties accessing a site, kindly contact the Webmaster and provide details of the incident.

 

Virus and Spam Protection 

The Abaca Group makes every effort to test and check material at all stages of production. It is always wise for the user to run an antivirus program on all material downloaded from the internet. The Abaca Group Inc. shall not be responsible for any loss, including but not limited to indirect or consequential loss, disruption or damage to your data or computer system which may occur whilst using material from the AbacaEats Website.

 

Goods & Services

Any goods or services advertised for sale on this website do not constitute an offer which can be accepted by clicking on the relevant link.

 

No Solicitation 

The AbacaEats Website and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

 

TERMINATION

 

The Abaca Group Inc. may, in its sole discretion, terminate or suspend your access to all or part of the site including, but not limited to, any bulletin boards on its site, for any reason including, without limitation, breach of this agreement. The restrictions regarding materials appearing on the website, the representations and warranties, indemnities and limitations of liabilities set forth in this agreement shall survive the termination of this agreement.

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