These are the Terms and Conditions for your use of this Site and your CloudKart account. Please read carefully before using this site and/or creating a CloudKart account. By accessing the Site, you agree to be bound by these Terms and Conditions.

This Service may be used only by individuals above eighteen (18) years old and can go into legally binding contracts under Philippine Laws.

1. Definition of Terms

1. User, You: the individual who is using or making a purchase in the Site.

2. CloudKart, We: CloudKartph Corporation, a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines.

3. Account: your CloudKart account

4. Personal Data: information provided by the User in the Site that may be used to identify him/her.

5. Rider: the personnel authorized to deliver the orders

6. Site refers to the CloudKart online platform / website / app

2. Account Information and Privacy

1. Please provide accurate and complete information.

2. We will collect your Personal Data including your name, contact information, address and other personal information in order to process and fulfill your order. We will share your Personal Data only with authorized CloudKart employees on a need to know basis.

3. When you create an Account, your email address will serve as your username and you must nominate your own unique password. You are solely responsible for protecting your Account. You shall be responsible for all transactions made using your Account.

3. Products

1. All descriptions of products are subject to change without notice, at our sole discretion.

2. The pictures for each product are as close to actual as possible, but we do not guarantee that it will be exactly the same as the one delivered to you.

3. CloudKart reserves the right to discontinue any product at any time.

4. We make every effort to display up-to-date availability of products on our Site but we do not guarantee that it will always be error-free. We shall not be liable for any errors in the availability of products on our Site.

4. Pricing and Fees

1. We make every effort to display correct and up-to-date prices on our Site but we do not guarantee that it will always be error-free or updated. We shall not be liable for any errors in the pricing on our Site.

2. Fees to be charged will be as follows:

   1. Delivery Fee: a minimal fee for the delivery of the purchased items to the Buyer

   2. Service Fee (if applicable): a minimal fee for the use of 3^rd party payment platforms

5. Payments

1. Payments of the orders shall be made in Philippine Peso. CloudKart accepts the following payment methods:

   1. Bank Transfers (through BPI, BDO, Metrobank and Eastwest Bank)

   2. GCash

   3. Paymongo (through Credit Card and Debit Card)

Transactions done through bank transfers and Paymaya are subject to the terms and conditions of these 3^rd parties.

2. All CloudKart orders should be fully paid for, before we can confirm your order for delivery. After Check Out, you will be asked to upload a proof of payment, which we will first manually verify before confirming your order for delivery.

3. If the proof of payment uploaded is invalid, you will be notified and you will be asked to send the correct proof of payment or change your payment method.

4. We take no responsibility for any loss or damages to Buyer arising from any information entered by Buyer in connection with the payment for the items purchased.

6. Deliveries

1. Delivery Areas

For now, CloudKart only delivers to Cebu City, Mandaue City and Lapu-Lapu City. We will only accept and process orders within our delivery area coverage.

2. Delivery Schedule and Address

   1. We make every effort to deliver your orders within the day, as long as your payment has been verified by 3:00pm. All orders received and payments verified after this cut-off time will be delivered on the next day. However, we shall not be liable for any delay caused by incorrect address and circumstances beyond our control such as but not limited to weather, traffic, transportation strike and other unforeseen event/s.

   2. In case your delivery address is not accessible, we will contact you to come up with an alternative location and time. You may request to have your order re-delivered within the day or by next working day, but you will have to pay an additional delivery fee (depends on the new delivery location) and be subject to availability of rider. If we are not able to contact you through your registered mobile number, CloudKart reserves the right to forfeit your payment in our favor.

   3. You can no longer change your delivery address and delivery schedule once you have checked out your orders.

3. Delivery Acceptance

1. CloudKart will use appropriate packaging materials to ensure freshness and cleanliness of your orders. However, please receive the delivery within 10 minutes of the rider’s arrival at your delivery location.

2. After the 10 minutes grace period and after CloudKart attempts to contact you through your registered mobile number, if no one is at the delivery location to receive your order, CloudKart reserves the right to forfeit your payment in our favor. You may request to have your order re-delivered within the day or by next working day, but you will have to pay an additional delivery fee (same amount as original delivery fee) and be subject to availability of rider.

3. Our riders will not deliver to buildings without an elevator or with a broken elevator above three (3) floors. In these cases, please meet our riders at your building’s lobby.

4. Our rider will be asking you to sign and receive our copy of the Delivery Receipt (DR). Please write your (or your receiver’s) Complete Name, Date and Time of Delivery and affix your Signature. If available, you may also receive your order by giving your Complete Name to the rider and affixing your signature on the CloudKart Rider App.

7. Cancellation, Returns & Refunds

1. Return or Refund:

   1. Once the DR has been signed, we will no longer accept or entertain any returns or refunds.

   2. Please do not accept the item if:

• If seal is broken on packed items (i.e. fruits, vegetables, etc.)

• If item delivered is not item ordered

1. All defective products for return or refund should not be accepted from the rider upon delivery. Please sign the DR to signify your acceptance of all other items but please list down all defective items on the Remarks section of the DR.

2. We will reach out to you for Returns or Refunds to come up with an alternative solution that is acceptable to and doable for us and you.

1. Cancellation: Orders can no longer be cancelled after user pays for the order.

8. Indemnity

1. You agree to indemnify, defend and hold harmless CloudKart, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

9. Force Majeure

1. CloudKart shall not be liable for any breach of performance if such delay or failure is due to any event or cause beyond reasonable control (each an event of "Force Majeure") such as, but not limited to:

1. Act of God, explosion, flood, tempest, fire or accident;

2. War or threat of war, sabotage, insurrection, civil disturbance or requisition, act of terrorism or civil unrest;

3. Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

4. Import or export regulations or embargoes;

5. Interruption of traffic, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Landers or of a third party);

6. Health epidemics declared by the World Health Organization;

7. Interruption of production or operation, difficulties in obtaining raw materials, labor, fuel parts or machinery; and

8. Power failure or breakdown in machinery.

10. Amendments.

1. These terms and conditions may be amended at any time. The revised version shall be effective at the time of posting.

11. Termination of Account

1. We reserve the right to terminate or suspend any account with immediate effect upon notice for any reason whatsoever including breach of any provision of these Terms and Conditions.

2. You can voluntarily terminate your account by sending an email to [email protected] with subject Termination of Account.

12. Notices

1. All notices and notifications shall be sent to your registered email address and mobile number. All standard communications through SMS will be coming from CloudKart only. Please do not entertain if from an unknown number.

2. For non-standard communications regarding order resolutions, clarifications on delivery address etc, authorized representatives shall be contacting you through authorized mobile numbers.

3. For concerns, you may contact us through our live chat support on our website and through our Facebook Messenger account.

13. Dispute Resolution

1. In case of dispute arising from use of this Site, you hereby agree to submit the same to mediation, facilitated by a mediator chosen by CloudKart. Mediation fees and expenses shall be shouldered by the User. User agrees to refrain from adversarial legal proceedings (except in the case of an emergency necessitating such action) while the mediation process is ongoing.

2. You agree that in case of legal disputes or any judicial action arising from this Agreement, the venue of any court action shall exclusively be with the proper courts of Cebu City, to the exclusion of all other Courts.

14. Governing Law

1. This Agreement shall be governed by the laws of the Republic of Philippines.