Edamama

Edamama

TERMS & CONDITIONS

  1. THE WEBSITE AND THE MOBILE APPLICATION
    1. This page, together with the other documents referred to on it, tells you the terms and conditions (the “Terms”) on which you may make use of our website: www.edamama.ph (the “Website” or “Site”) and Edamama’s mobile application (the “App”) (the Website and the Edamama App are collectively referred to as the “Platform”), whether as a guest or a registered user. Please read these Terms carefully before ordering any Products from the Platform. By using the Platform, you indicate that you accept these Terms and that you agree to abide by them.
    2. EDAMAMA, is operated by MotherNurture Inc. (“We” or “Company”), a registered Company with official address at Unit 806, Fedman Suites Building, 199 Salcedo St., Legaspi Village, Makati City, 1229 Metro Manila, Philippines, a company registered in the Philippines.
    3. We can be reached via e-mail at customercare@edamama.ph.
    4. We reserve the right to change these Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Platform after changes are posted constitutes your acceptance of the amended Terms.
    5. In order for you to use the Site and App, you must be of legal age to give consent in accordance with the laws of your country.
    6. You are responsible for all access to the Platform through your Internet connection and for bringing these Terms to the attention of all such persons. The products displayed in the Platform are only for informational purposes, and does not reflect the opinion of Edamama.ph.
    7. By using the Platform, you hereby agree to the non-exclusive usage and posting of your ratings, comments, postings, search history, and other information that you will provide (collectively referred to as “Feedback”). Further, you agree that the Feedback provided may be used for marketing, research, technological development, and other measures to protect other Users of the Platform.
    8. You shall not in any way use the Platform or submit to us or to the Platform or to any user of the Platform anything which in any respect:
      1. is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
      2. is fraudulent, criminal or unlawful;
      3. is inaccurate or out-of-date;
      4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
      5. impersonates any other person or body or misrepresents a relationship with any person or body;
      6. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;
      7. may be contrary to our interests;
      8. is contrary to any specific rule or requirement that we stipulate on the Platform in relation to a particular part of the Platform or the Platform generally; or
      9. involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
    9. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or make available on the Platform for the purpose of use on the Platform or for generally marketing (by any means and in any media) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
    10. Commentary and other materials posted on the Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Platform, or by anyone who may be informed of any of its contents.
    11. You agree to comply at all times with any instructions for use of the Platform which we make from time to time.
  2. REGISTRATION FOR THE SERVICE
    1. If you would like to submit an order to the Platform to purchase one of the products listed on the Platform, you will need to register an account on the Platform (an “Account”). To register, you will need to supply accurate and true information, such as your name, address, postal code, email address, mobile number, and possibly some other personal information. See our Privacy Policy for more details about this.
    2. You are allowed to create only one (1) account using one (1) mobile number and one (1) email address. We reserve the right to consolidate, merge, block, or suspend and/or delete or cancel multiple accounts or all accounts which we may found to be associated with you or your name, contact number, delivery address or email address. Further, we reserve our right to cancel all the transactions related to the additional account/s you have created.
    3. Upon use of the Site and/or the App, you give your consent to process your personal information and details that you have provided upon registration or through the use of the Site or App, which includes but are not limited to: your name, contact number, email address, delivery address, device details, contact history to our personnel, and such other matters in relation to your use of the Site or the App.
    4. Once you register with the Platform, you will be asked to create a username for, and allocate a password to, your Account. You must keep the password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or your Account or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
    5. You must be registered with a valid personal email address and mobile number that you access regularly, so that, among other things, administration emails and/or messages can be sent to you. Any Accounts which have been registered with someone else's email address or with temporary email addresses may be closed without notice. We may require you to validate Accounts at registration or if we believe you have been using an invalid email address.
    6. When you register for an Account, and whenever you log on to your Account thereafter, you have the option to sign up to receive, and to opt out of receiving, information emails (such as newsletters, information on offers, etc.). You are able to unsubscribe from such information emails at any time by logging in to your Account.
    7. Although we save the information relating to any order that you submit to the Platform to purchase one of the products listed on the Platform, you will be unable to directly retrieve this information for security reasons. You may access this information by logging in to your Account. You will be able to view information relating to your placed, on-going or recently delivered orders and manage and save your address information, any bank details and any newsletter to which you may have subscribed.
  3. ORDERING AND PAYMENT
    1. Before making an Order, you must first register in accordance to Clause 2.
    2. We process information about you in accordance with our Privacy Policy. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.
    3. Once you've selected a Product that you wish to Order, you will then be shown or told (on the Site and App) the charges you must pay including Value Added Tax (VAT), and any applicable delivery charges. Unless otherwise stipulated on the Site and App, all charges are stated in Philippine Pesos.
    4. You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event, we shall not be bound to supply before we have received cleared funds in full. Your credit card payments will be received and processed by our Payment Service Provider. Depending on the results of a credit check, we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
    5. If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
    6. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
    7. The Order shall be deemed accepted when you receive an order confirmation email with an order reference number and details of the Product you have ordered (“Order Confirmation”). We may, at our discretion, decide not to accept an Order from you for any justifiable reason, including unavailability of the product/s. We undertake to deliver only those Products included in the Order Confirmation.
    8. If you discover that you have made a mistake with your Order after you have submitted it to the Site and App, please contact Customer Service at customercare@edamama.ph immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
    9. We try to ensure that the Platform operates accurately and efficiently to ensure fulfillment of your orders, however there may be times when unforeseen technical difficulties necessitate cancellation of your Order. If this happens, we will notify you of the need to cancel the Order via e-mail. If your payment has been completed, we will ensure that you are refunded the full amount of what you have paid, in accordance with the refund timelines outlined in our Return Policy.
  4. STORE CREDIT - EDAMAMA BEANS
    1. Store credit in the form of Edamama Beans, may be issued by us from time to time during certain promotions, such as in-site and App user activities. Store credits are also issued in exchange for returned items in the form of Edamama Beans.
    2. These vouchers and store credits may be used as payments, discounts, and other promotional events hosted by the Edamama.
    3. Edamama beans shall not be considered as the property of the user. Further, it has no monetary value, and may not be purchased, traded, or transferred. Furthermore, Edamama reserves the right to alter the calculation of the beans, its usage, and other conditions without need for prior personal notice to the user.
    4. Edamama beans will be valid upon such terms as may be determined by the Company. You hereby agree, consent, and hold Edamama free from any liability for the usage or non-usage of the beans.
    5. You may check the total value of your store credits/Edamama Beans by going to your “Profile” on the Site and App.
    6. We reserve the right to cancel or modify any order, or revoke the use of the Edamama Beans for any valid and justifiable reason, including but not limited to the following circumstances:
      1. Suspicious or fraudulent purchasing activity or Edamama Beans use;
      2. Edamama Beans abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers or use of customers with fictitous accounts, or used of Beans accumulated by referrals to multiple accounts which are actually owned by one person or referral to one’s own account; or
      3. Edamama Beans used in bad faith, including use of resold vouchers or use of vouchers for purchasing products for the sole purpose of reselling.
    7. Conditions for the redemption of Bean rewards are as follows:
      1. Beans can only be redeemed, and thus cannot be reused once redeemed. Beans cannot be used in conjunction with other promotions unless otherwise stated on the Site and/or the App.
      2. If you place an Order for a Product less than the value of the Beans you currently have, no refund or residual credit will be returned to you;
      3. Beans do not accrue interest but like cash, may be used to pay for your Orders . We reserve the right in determining the equivalent value of one Bean when converted to Peso. However, Beans cannot be withdrawn as cash from the Site and the App;
      4. If the Beans you've collected is insufficient for the Order you wish to make, you will be required to pay for the difference through payment using any of our accepted payment methods.
      5. We reserve the right to limit the maximum Beans you can use in paying for an Order.
      6. A Bean is considered to have been redeemed if it has been used as payment in placing an Order or other terms as may be determined by the Company.
  5. LIMITATION OF LIABILITY
    1. This Clause 5 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies.
    2. We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Platform or any material in it or accessible from it or from any action or decision taken as a result of using the Platform or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
    3. We shall likewise not be liable for any infringement third-party rights, fitness or quality.
    4. We do not warrant that the platform will be free from possible viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
    5. Notwithstanding the provisions above-mentioned, if found by a Court of Competent Jurisdiction, our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) PHP500; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
  6. FORCE MAJEURE
    1. We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
  7. GENERAL
    1. Contracts for the supply of products formed through the Platform or as a result of visits made by you are governed by these Terms.
    2. No failure or delay by us in exercising any right under these Terms shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms.
    3. If any clause in these Terms shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms shall be capable of continuing in effect without the unenforceable term.
    4. Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
    5. No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term.
    6. We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted online. However, continued use of the Site and App will be deemed to constitute acceptance of the new Terms.
  8. AVAILABILITY OF THE PLATFORM, SECURITY AND ACCURACY
    1. While we endeavor to make the Platform available 24 hours a day, we cannot be liable if, for any reason, the Platform is unavailable for any time or for any period. We make no warranty that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
    2. Access to the Platform may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Platform for any reason. If we impose restrictions on you personally, you must not attempt to use the Platform under any other name or user.
    3. We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
    4. We may change or update the Platform and anything described in it without notice to you.
    5. While we endeavor to ensure that information and materials on the Platform are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with services, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Platform available to people who use the appropriate password.
    6. The material contained on the Platform is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Platform shall not constitute any part of an offer or contract.
  9. THIRD PARTY WEBSITES
    1. We have no control over and accept no responsibility for the content of any Site and App to which a link from the Platform exists (unless we are the provider of those linked Site and App). Such linked Site and App are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party Site and App to which the Platform provides a link.
    2. You must not, without our permission, frame any part of the Platform onto your own or another person’s Platform.
  10. ACCEPTANCE OF TERMS
    1. Every time you access our designated Online Payment System, you are agreeing to follow our Payment Terms and Conditions, including any and all amendments that may be effected from time to time with or without prior notice. We may update the Policy at any time.
    2. By continuing to use our designated Online Payment System, you consent to the processing of your provided information, solely for the use of the Company and its payment solutions provider. If you do not consent, you should not use the Online Payment System.
    3. For payments done through our designated Online Payment System, by clicking on the “Accept” button, you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions, you must cease to use our Online Payment Platform.
  11. PAYMENTS
    1. Payments can be made using our designated Online Payment System.
    2. All payments and charges are computed in Philippine Pesos (PHP) and the User’s financial institution may charge a fee for conversion to the local currency. Any fees charged by your debit or credit card provider in connection with your payment are for your own account and MotherNurture Inc. shall not be responsible for these.
    3. All payments may be made through Over-the-Counter Bank Deposits or through our designated online payment gateways using debit/credit cards or the payment channels as listed in our designated Online Payment System. Our payment channels may charge service and/or transaction fees and applicable taxes.
    4. You shall be responsible for all costs you incur in connection with your access onto our designated Online Payment System.
    5. For any other online payment concerns, you may contact send an e-mail to customercare@edamama.ph.
  12. RETURNS AND CANCELLATION OF ORDERS
    1. You may only cancel Orders prior to payment thereof through any of our accepted modes of payment.
    2. We reserve the right to cancel any order for any justifiable reason, including unavailability of the product/s, and in such a case, you hereby agree that the only recourse is to request for a refund in accordance with these Terms.
    3. We do not accept returns or exchanges except for the following reasons:
      1. the product received is severely damaged and unusable for the purpose/s for which they were bought;
      2. the product received is defective;
      3. the product received does not match the order, such as the size, color, or item are different; and
      4. any other valid and justifiable circumstances as may be determined by the Company.
    4. For request for returns, please contact us at customercare@edamama.ph with details of the product and the reasons for such request within seven (7) days from receipt of the product/s with receipt or proof of purchase. If seven (7) days or more have passed since receipt, we no longer process your request for return.
    5. We hereby reserve the right to determine whether the item requested for return may be replaced. Some items are non-returnable and non-exchangeable due to health protection or hygienic reasons. Such items not available for return are, but not limited to: baby formula, food, intimate wear, consumable goods, breast pump, and baby bottles.
    6. In the event of returns, the items must be in its original condition, there being no damage, dent, scratch, and/or its original tags and labels remain intact.
    7. Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to replacement. If you are entitled to a replacement, we will replace the product likewise within a reasonable period of time.
  13. PROMOTIONS AND VOUCHERS
    1. To promote our Platform, we conduct marketing activities in the form of price discounts, vouchers, cashbacks, freebies, giveaways, raffles, etc. which are communicated through the Platform, e-mail, Viber, SMS, social media channels, advertisements, partnerships, etc. Such promotional activities may or may not be offered to all customers.
    2. You understand that the said promotions and vouchers may only be used at the Platform, to the exclusion of other site and App, unless otherwise determined by the Company.
    3. We reserve the right to limit the offer of the said activities to a select group with a given qualifying criteria, to everyone, time-based offer, and upon any other terms as may be determined by the Company.
    4. You agree that the promotions such as freebies, giveaways, prizes and discounts are subject to stock availability. We may, at our discretion, replace or cancel the freebies, giveaways, prizes, and discounts at any time without prior notice.
    5. We reserve the right to cancel or modify any order, or revoke the use of Vouchers for any valid and justifiable reason, including but not limited to the following circumstances:
      1. Suspicious or fraudulent purchasing activity or voucher use, such as but not limited to making fake orders;
      2. Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
      3. Voucher used in bad faith, including reselling vouchers or using vouchers in purchases for the purpose of reselling the products.
    6. Customers may only avail of and use one voucher per day.
    7. We prohibit the reselling of vouchers or use of vouchers for purchasing products for the sole purpose of reselling, and we further reserve the right to cancel orders which exhibit such pattern, practices, or ways.
  14. PURCHASE LIMIT
    1. It is our aim to provide the best quality products to the public at the best possible price, and to ensure that a greater number of the buying public are able to enjoy our discounts and promotions, we have set up a Purchase Limit for each of the Products made available on the Platform. The Purchase Limit is the maximum number of items that one buyer can purchase. The purchase limit is on a per product level, regardless of the variations purchased. The Purchase Limit for each product shall be set by the Company depending on a number of factors, including but not limited to availability of stocks and amount of discount provided.