TAP-Marikina
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Terms & Conditions
1. INTRODUCTION 1.1. Welcome to Track A Price (TAP) - Marikina (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a TAP - Marikina Merchant account ("Account") so that you are aware of your legal rights and obligations with respect to SSAM Capstone 2023 Team Four. The "Services" we provide or make available include (a) an initial page containing a selection of three types of meat products (i.e., beef, chicken, and pork) and other consumables the stall offers, (b) a page for nine (9) enumerated market stalls from the Marikina Public Market selling these commodities, showcasing their contact information; (c) a section for SRP updates of these meat products from the Department of Trade and Industry (DTI); (d) a user-friendly interface that lets business owners and/or market sellers register their store, including their contact details and the goods they sell. These Terms of Service also apply to any new features that are added to the Services. Your usage of Services offered by TAP - Marikina is subject to these Terms of Service. 1.2. The Services include an online platform Service that provides a place and opportunity for the monitoring and promotion of goods among consumers (“Consumers”) and merchants from the Marikina Public Market (“Merchants” or “Users”). Actual agreements or arrangements done between Consumers and Merchants, TAP - Marikina is not a party to that or any other contract between Buyer and Merchant and accepts no obligations in connection with any such contract. TAP - Marikina retains the right to remove any information that you put on the Site in line with Section 6 of this T&C, even whether or not it pre-screens Users or the information given by Users. 1.3. You must read and agree to all of the terms and conditions in, and linked to, these Terms of Service before using the Site, and you must also give your approval to the processing of your personal data for registering an account as outlined in the Privacy Policy linked here. 1.4. TAP - Marikina maintains the right, at any time or with prior notice as required by local legislation, to change, modify, suspend, or discontinue all or any parts of this Site or the Services. TAP - Marikina may release specific Services or features that might not function properly or exactly as the final version might function, in which case we won't be held responsible. 2. PRIVACY 2.1. By using the Services or providing information on the Site, you: 2.1.i. consent to TAP - Marikina’s collection, use and disclosure of your personal data and User Information; and 2.1.ii. agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and TAP - Marikina 2.2. Users in possession of another User’s personal data through the use of the web application hereby agree that they will comply with all applicable personal data protection laws with respect to any such data. 3. LIMITED LICENSE 3.1. You are given a limited and terminable license by TAP - Marikina to use the Services in accordance with the terms and conditions of these Terms of Service. The Site's exclusive content, trade names, service marks, logos, and other intellectual property are all the property of TAP - Marikina and, where necessary, any other owners who have been mentioned on the Site. No party accessing the website is given any right or permission to use or reproduce any intellectual property, either directly or indirectly, and no party accessing the website shall assert any right, title, or interest therein. You acknowledge that the Services, the Site, and its Content are protected by copyright, trademark, service mark, and other laws by using or accessing the Services. You consent not to use any part of the Services, the Site, or its Content in any way, including by way of renting it out, selling it, copying it, publishing it again, transmitting it, publicly performing it, or altering it in any way. Also, you are not permitted to mirror or frame all or any portion of the contents of this website on another server or as a component of another website without first getting our written consent. You also acknowledge that without our prior written authorization, you will not use any robot, spider, or other automatic device or manual method to monitor or copy our Content (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website). 3.2. You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with TAP - Marikina. 4. SOFTWARE 4.1. The terms of these Terms of Service apply to all information and/or software that we offer to you as part of the Services. All rights to these pieces of information that are not specifically provided by TAP - Marikina hereunder are reserved by TAP - Marikina. The third parties who own any third-party codes that are linked to or referenced from the Services grant you a license and not by TAP - Marikina. 5. ACCOUNTS AND SECURITY 5.1. Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that TAP - Marikina, in its sole discretion, finds offensive or inappropriate, TAP - Marikina has the right to suspend or terminate your Account. 5.2. You consent to (a) keeping your password private and using only your User ID and password to log in, (b) making sure you log out of your account at the end of each session on the Site, (c) notifying TAP - Marikina right away if your Account, User ID, or password is used without your permission, and (d) keeping your Account information accurate and up-to-date. TAP - Marikina is not responsible for any loss or harm caused by the misuse of your password or by your disregard for this Section. 6. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT 6.1. TAP - Marikina does not permit listings that infringe upon the intellectual property rights of brands and other owners. 6.2. The Users are independent individuals or businesses unless clearly stated otherwise. TAP - Marikina has no affiliation with the Users and is neither their agent nor representative and TAP - Marikina does not hold or own any of the products featured on the Site. 6.3. TAP - Marikina recognizes the right of a business to enter into exclusive distribution agreements or minimum advertised pricing agreements for its goods. However, breach of agreements will not be regarded as an infringement of intellectual property rights. TAP - Marikina is not obligated and will not provide assistance in this matter of enforcement actions and does not impose exclusive distribution rights or pricing control as the manufacturer and retailers are responsible for upholding the terms of these agreements. 7. MERCHANTS’ RESPONSIBILITIES 7.1. The merchant must maintain correct records, make sure that pertinent information is updated on the listing, including the item's price, specifications, and terms and conditions for sales, and must not post false or misleading information. 7.2. The merchant is responsible for deciding the price of the products at their discretion. The full amount that must be charged to the buyer, including sales tax, value-added tax, tariffs, etc., must be included in the price of the goods. The merchant is not permitted to charge the buyer with an additional or separate amount. 7.3. TAP - Marikina may handle its promotion of the items listed by the Merchant by posting such items on third-party websites such as portal Sites and price comparison Sites, and other local or international websites 8. FEEDBACK 8.1. To improve the quality of Service provided by TAP-Marikina, it is encouraged to leave information and/or feedback from our Users. For more details, please refer to the feedback procedure below: 8.1.i. Feedback may be written to the provided email (tapmarikina@gmail.com); 8.1.ii. Anonymous feedback will not be acknowledged; and 8.1.iii. Vague and slanderous feedback will be disregarded. 9. DISCLAIMERS 9.1. The Services are offered "as is" and without any evoked, implied, or statutory warranties, claims, or representations produced by TAP - Marikina regarding the Services, including, without restriction, warranties of quality, performance, non-infringement, merchantability, or fitness for a specific objective. TAP - Marikina does not guarantee that the Services, this Site, or the functions contained therein will be accessible, timely, secure, accurate, complete, or error-free, that any defects will be fixed, or that this Site and/or the server that makes it available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, or other potentially harmful items. This is without limiting the aforementioned and to the fullest extent permitted by applicable law. 9.2. To the greatest extent permissible by applicable law, you understand and accept that the entire risk arising from the use or performance of the Site and/or the Services stays with you. 9.3. Responsibility for the fitness for purpose, existence, quality, safety, or legality of items featured on the Site is not guaranteed and controlled by TAP-Marikina, to the fullest extent permissible by law. If one or more Users are ever involved in a disagreement, the Users agree to settle the disagreement directly among themselves and to release TAP-Marikina and its affiliates against every one of the claims, demands, and damages as a result of the disagreement to the fullest extent permissible by law. 10. EXCLUSIONS AND LIMITATIONS OF LIABILITY 10.1. TAP-Marikina shall not be made liable to the fullest extent permissible by law whether in contract, warranty, tort (including, but not limited to, negligence (whether active, passive or imputed), product responsibility, strict liability or other theory) or any other legal, equitable, statutory cause of action, or for: 10.1.i. loss of use; (b) profit loss; (c) revenue loss; (d) data loss; (e) loss of good will; or (f) failure to realize expected savings, regardless if direct or indirect; or 10.1.ii. regardless if TAP-Marikina has been made aware of potential damages, any indirect, incidental, special, or consequential damages occurring from or related with the use or inability to use this Site or the Services, which includes, without exclusion, any damages resulting therefrom 10.2. If you ever encounter problems or dissatisfaction with the Services provided by TAP-Marikina, you understand that the only recourse is to terminate your account and/or cease using the Services. 10.3. TAP - Marikina's liability for death or bodily harm caused by the Site’s negligence, fraud, or any other liability that cannot be limited or excluded by law is not limited or excluded by these Terms of Service. 11. YOUR REPRESENTATIONS AND WARRANTIES 11.1. You agree to use the Services solely for lawful purposes and in compliance with these Terms of Service and all pertinent laws, rules, codes, directives, guidelines, policies, and regulations.
