Partners Terms and Conditions

ABS-CBN FOUNDATION INTERNATIONAL
Your donation will help the children of Bantay Bata, inclusive of their physical welfare, formal education, livelihood courses, skills training, and the promotion of a healthy, safe, and protected environment for them to thrive. The country’s premier waterway and Hope Spot, the Verde Island Passage (VIP), is a special focus of our environmental protection.

Donations to the ABS-CBN Foundation, a 501(c)3 corporation, are tax deductible under the laws of the United States for residents and citizens of this country.

For more information, please visit abs-cbncares.org.

Kapamilya, join us in caring for the children! The reason is love, in service of the Filipino!
BAKERS AVENUE
Terms of Use
Last Revised: September 2023

Disclaimer
IMPORTANT- THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.THE TERMS AND CONDITIONS OF THESE TERMS OF USE (THE “Terms”) SET FORTH BELOW GOVERN YOUR USE OF THE SEAFOOD CITY WEBSITE AND/OR MOBILE APPLICATIONS (COLLECTIVELY, THE “PLATFORM”) AND E-COMMERCE AND OTHER SERVICES AVAILABLE ON AND THROUGH THE PLATFORM (THE “SERVICES”). THIS TERMS IS A LEGAL CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND SEAFOOD CITY AND GOVERN YOUR ACCESS TO, AND USE OF, THE PLATFORM AND THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS TERMS, DO NOT ACCESS OR OTHERWISE USE THIS PLATFORM OR THE SERVICES, OR ANY INFORMATION ON OR RELATED TO THIS PLATFORM OR THE SERVICES. BY CLICKING THE BOX TO USE THE PLATFORM OR THE SERVICES OR USING THIS PLATFORM OR THE SERVICES, YOU AGREE TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

Overview
Read these Terms of Use carefully and comply with them carefully. By accessing and/or using this website and/or our mobile applications the users agree to be bound by these Terms of Use and all terms incorporated by reference. Please, do not use this website and/or our mobile applications, online services if you do not agree to all of these terms.

This Terms of Use regulates legal transactions between Seafood City, located at 134 S Vermont Ave, Los Angeles, CA 90004, USA, and you.

This Terms of Use governs relationship between Seafood City’s and you. To the extent stated below, this Terms of Use also governs each party’s relationship with other parties with whom those parties transact utilizing the Services, and all such parties remain free to have additional Terms and terms between themselves as they may agree in writing, provided that no such additional terms shall be interpreted to conflict with or supersede this Terms with respect to Seafood City specifically.

Seafood City provides online and mobile technology that connects Customers, Stores, and Delivery Persons. Using the Platform and Services, Customers place purchase orders for grocery products that are available to purchase online on the Platform. Items purchased online are available for pickup or delivery.

If you submit orders through a third-party site or application, such as GrubHub or DoorDash, you may be required to have an account with such third party and may be transferred to such third party’s website or application to complete transactions. Any orders submitted through such third-party sites or applications are solely between you and the applicable third party, not Seafood City. This Terms does not apply to orders placed through a third party’s website or application. If you use a third party’s website or application for an order from one of our stores, you will be subject to the terms and policies posted by that third party and we are not responsible for those terms or policies or acts or omissions of those third parties.

Terms & Conditions
All the users of this website agree that their access to and use of this website are subject to the terms and conditions stated in this Terms of Use and all applicable laws therein, and that any such access or use is assumed at the users’ own risk. These Terms of Use are subject to change at any time without prior notice. Any changes will be reflected in this legal notice.

Parties. All parties to this Terms of Use are independent contractors with respect to one another, such that no party exercises control over any other party or has any liability or responsibility for any other party.

Third-Party Service Providers. Seafood City in partnership with its service providers (“Third-Party Service Providers”) provides information and online methods for Customers to purchase and obtain delivery of products. Third-Party Service Providers do not provide any items for online sales but do provide the necessary infrastructure in order to provide customers of the Services a method to order items available online and provide delivery services.

Customers. Customers utilize the Services to purchase products from Stores and to obtain delivery of such products from Delivery Persons. Customers do not control and have no liability or responsibility for any Store or Delivery Person, or for Seafood City.

Stores. Stores are Seafood City’ stores and/or warehouses that showcase and sell consumer products to Customers via the Platform and Services. Stores fulfill orders for Customers unless specified otherwise. Stores do not themselves provide delivery services unless the Store expressly advises the Customer otherwise. Stores may provide Customers with pick-up options in each Store’s discretion.

Delivery Persons. Delivery Persons utilize Seafood City’ Third-Party Service Providers’ services, to independently select and execute delivery jobs to deliver products that Customers purchase on the Platform in exchange for a fee from the Third- Party Service Provider. Delivery Persons do not themselves provide products. Delivery Persons are independent contractors to Seafood City’ Third-Party Service Providers and are not engaged in any employment or agency relationship with Seafood City, Stores, or Customers.

Mobile Applications. With respect to the mobile versions of the Platform, you will use the Platform and Services (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) or a product that runs on Android; and (ii) as permitted by applicable “Usage Rules” set forth in the Apple App Store Terms of Use or the Google Play Terms of Use. With regard to your use of the iOS version of the Platform and Services, you acknowledge and agree that (i) this Terms is an Terms between you and Seafood City only, and not Apple, and (ii) Seafood City, not Apple, is solely responsible for the Platform and Services and content thereof. Your use of the Platform and Services must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform or the Services. In the event of any failure of the Platform or the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform and Services (if any) to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform or the Services. As between Seafood City and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Seafood City, subject to this Terms. You and Seafood City acknowledge that, as between Seafood City and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Platform or the Services or your possession and use of the Platform or the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform or the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Seafood City acknowledge that, in the event of any third-party claim that the Platform or the Services or your possession and use of the Platform or the Services infringe that third party’s intellectual property rights, as between Seafood City and Apple, Seafood City, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by, and subject to, this Terms. You and Seafood City acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Terms as related to your license of the Platform or the Services, and that, upon your acceptance of the Terms of Use and conditions of this Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms as related to your license of the Platform or the Services against you as a third-party beneficiary thereof.

Site Content & As-Is Disclaimer
‍Unless agreed otherwise in writing by the party providing the product or service, all products and services are provided "as is", and without warranties of any kind.

The Seafood City website and all information, content, materials, products, services and user content included on or otherwise made available to you through the website are provided by

Seafood City on an "as is," "as available" basis, without representations or warranties of any kind. Seafood City makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the site contents, or that the website or emails sent from Seafood City are free of malware or other harmful components. You expressly agree that your use of the Seafood City website is at your sole risk. To the full extent permitted by law, Seafood City disclaims any and all representations and warranties with respect to the website and the site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

Certain providers of products may separately provide limited representations and/or warranties regarding their products. This provision does not apply to such product warranties.

Privacy Policy
‍Pease refer to our Privacy Policy for information on how Seafood City collects, uses and shares information about users of the website.

Eligibility, Registration, Creating an Accounts.
‍The Seafood City website is targeted over the age of 16. By using the Sites, you guarantee that you are 16 years of age or older. You must be 16 years of age or older to access or use, or register for an account on the website. Additionally, you may not make a purchase from our website unless you are at least 18 years of age. You also guarantee that you (1) have not previously been suspended or removed from the Sites; (2) do not have more than one website account; and (3) that you have full power and authority to agree to the Terms and conditions and in doing so will not violate any other Terms to which you are a party of.

You must register for an account and provide information about yourself to use the Services, such as profile and payment information. You are responsible for providing accurate information, for maintaining the confidentiality of their own account and password (including for example any third-party login password such as Google), and for any activities occurring under or through their account. If you have a reasonable belief that your account integrity or privacy has been jeopardized, they must immediately notify the Services through the contact page. You shall not create multiple accounts.

Accuracy of Information. While Seafood City and the Stores endeavor to provide accurate product information, you should know that product information accessed through the Platforms is obtained from information made by product manufacturers and producers; on occasion, they may change their labels or ingredient lists; and actual product packaging and materials may contain more and/or different information than that shown on the Platforms. Accordingly, you should not rely solely on the product information presented on the Platforms, but should always read carefully the labels, warnings, and directions before using or consuming a product and contact the product manufacturer or producer directly for any questions. Seafood City and the Stores do not assume any liability for inaccuracies, misstatements, or omissions related to any product information listed on the Platforms. In addition, even though we make an effort to describe and display our products and services accurately on the Platforms, products on the Platform may be mispriced, described inaccurately, or unavailable and we may experience delays in updating information on the Platforms and in our advertising on the Platforms.

Intellectual Property License. The Services and the Platform are owned by Seafood City, and all rights are reserved to Seafood City. Seafood City grants to each party using the Services a limited, revocable, non-transferable license to use the Services on appropriate and compatible devices that the party owns or controls solely for its personal use. You shall not (1) modify, replicate, distribute, share, or otherwise cause the Platform or the Services to be made available to multiple devices simultaneously, or (2) sell, transfer, redistribute, or sublicense the Services or the Platform.

Service Limitations and Requirements.
‍Customers must be at least eighteen years old to utilize the Services.

Alcohol purchases can only be dropped off with a person aged 21 or older. For alcohol purchases, you represent and warrant that you are age 21 or older. For alcohol purchases, the Delivery Person reserves the right to refuse delivery where the recipient cannot provide proper Identification matching the order and showing legal age. Valid forms of identification must include photo identification, such as a valid driver license; a passport, or (iii) a valid Armed Forces ID card. Delivery Persons may also refuse to deliver alcohol to anyone visibly intoxicated or otherwise presenting an observable danger to themselves or others.

Alcohol and tobacco deliveries may be limited in some markets and locales.

You agree not to modify, create derivative works of, sell, license or in any way exploit Seafood City, the Platform or the Services. You agree not to reproduce, distribute, publish, stream or broadcast any part of the Services without prior written authorization from Seafood City.

The parties agree not to circumvent or attempt to circumvent any security or other features of the Services or the Platform designed to limit access.

The parties agree not to harvest or mine content from the Platform or otherwise access or use the Services inconsistently.

Representations. By using the Platform or the Services, you represent that you are at least eighteen (18) years old; you are in good standing with the Services (i.e., no previous suspensions of service with Seafood City); and you will comply with and all applicable laws and regulations for your jurisdiction; if you are using the Services on behalf of an organization or entity, then you represent that you have authority to agree to this Terms on behalf of that organization or entity. You agree that the information you provide to the Services is accurate and that you will keep it up to date at all relevant times.

Payments. The Services will process your payment information as a Customer to make payments for your orders. You will be prompted to confirm payments before submitting your order finally to Seafood City. Unless otherwise agreed mutually in writing, all payments are non-refundable. There may be a fee or surcharge to the party requesting or utilizing the service, and such fees and surcharges may change over time in Seafood City’s discretion. You are encouraged to check Seafood City’ current statement of fees for up-to-date information before executing new orders.

Customers submitting payment information to the Services authorize Seafood City and its Third-Party Service Providers to process payments for orders according to the payment method specified in the Customer account. New payment methods and certain existing payment methods (i.e., credit card) may incur a temporary pre-authorization hold prior to Seafood City’ verification of the Customer’s account and available credit or balance for the intended purchase. Upon completion or cancellation of the Customer’s order, the pre-authorization hold is lifted within approximately 2-4 business days, depending on the Customer’s account holder.

Refunds. Refunds, credits, and order changes are processed by the Services on a case-by-case basis in the discretion of Seafood City.   Seafood City‘ policy is to diligently and with good faith assist Customers in processing these requests. This refund policy always applies regardless of any disruptions or downtime in the Services for any reason whatsoever.

Returning Items To A Store. Stores and Delivery Persons give the original receipt to the Customer. Delivery Persons are not obligated to return items to a Store for a Customer; however, Delivery Persons are free to independently agree to do so for a Customer subject to the Delivery Person’s Terms with the Third-Party Service Provider.

Order Changes. Customers acknowledge that after placing an order through Seafood City, the order may be processed quickly by a Store and Delivery Person. Once an order is in process, it may not be changed without the consent of the Store and Delivery Person where applicable.

Surcharge. Canceled orders may incur a surcharge. Customers are encouraged to check Seafood City’ current statement of fees and cancellation policies.

‍Store Pricing. Stores are required to provide up-to-date and accurate pricing to Customers through the Platform. If the product has already been purchased and delivered to the Customer (or is in the process of delivery by the Delivery Person), then the Store agrees to abide by the pricing then published on the Platform.

‍Store Inventory and Offers. The Services monitor inventory data to ensure its accuracy before uploading to the Platform and after uploading while it is being showcased to Customers but some items may still be unavailable even if the Services indicate the item is available. Seafood City may change or terminate any of the services, programs, promotions, and/or other offers, deals, coupons, and/or specials (collectively, "Offerings") described or offered through the Platform at any time without notice to you. Not all products are available at all of our stores or for online ordering or at all times. Some or all of the Offerings or products may not be available in your location (or your delivery or preferred pickup location). You shall not misuse or reproduce Offerings, such as by creating multiple accounts to use the same Offering.

‍Customer Specifications. When purchasing a product, Customers have the option to make comments & specifications (i.e., “large ripe tomatoes please”) and also replacement options (i.e., ‘If no organic free-trade shade-grown bird-friendly coffee, then regular organic coffee’). Stores and Delivery Persons will use reasonable efforts to read and attempt to fulfill Customer comments and specifications, but Seafood City makes no guarantees regarding the fulfillment of such comments and specifications. Customers agree to be reasonable with Delivery Persons and Stores in all parties’ requests. Please note that any request is subject to availability.

‍Communications. Seafood City may provide your contact information to a particular Store or Delivery Person solely for the purposes of communication regarding a transaction or order. The Store and/or Delivery Person is responsible for maintaining the privacy of your contact information, including but not limited to refraining from selling the contact information or using it for future promotional purposes.

By agreeing to this Terms, you agree that all communications from us relating to your use of or access to the Platform may be provided or made available to you electronically by email, “in-Platform” messaging or by posting a communication on the Platform or via text or phone as set forth below. Your consent to receive communications and do business electronically, and our Terms to do so, applies to all your interactions and transactions with us and our agents concerning your Platform usage and access.

For purposes of the Services operations or a specific transaction, you agree to receive text messages and phone calls at the phone number provided to the Services, and also emails to the email address provided to the Services, and also written correspondence to the address provided to the Services. Such communications may be sent by Seafood City and its Third-Party Service Providers and Delivery Persons. You will not be able to use the Services without agreeing to receive such communications.

For purposes of promotional communications, you may opt-out of promotional communications from Seafood City at any time. Otherwise, you may receive text messages, emails, or written communications to the contact information provided.

For text messages, you can limit your receipt of push notifications by adjusting the settings of your mobile device. We may send four or fewer text messages per month unless otherwise noted at the time of opt-in. You may opt-out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply.

For email messages, we may send ten or fewer email messages per month. You may opt-out of email messages at any time by following the instructions in the email.

     • Off-Platform Links. The Services may contain links to third-party websites and services, such as recipe providers, DoorDash or GrubHub or other delivery partners. Seafood City is not responsible for and does not specifically endorse or accept any responsibility for the contents or use of these third-party websites. Seafood City provides these links as a convenience only, and the inclusion of any link does not imply endorsement by Seafood City. It is each party’s responsibility to take precautions to ensure that whatever they select for their own use is suitable for their own needs and free of viruses or other harmful items.

Delivery Fees. The Customer acknowledges that delivery fees will apply as will be displayed in your account and checkout.

Tips. Customers are free and encouraged to give monetary tips to Delivery Persons. Such tips are solely the income of the Delivery Person and are not received or accounted in any manner by the Services or Stores.

‍User Submissions. Except where expressly provided otherwise by Seafood City, all comments, feedback, information or content submitted to the Services through or in association with the Services (“Submissions”) shall be considered non-confidential, and Seafood City shall be free to use such Submissions on an unrestricted basis or as provided by an Terms with Seafood City.

Each party making Submissions grants Seafood City a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use the Submissions for any reasonable purpose.

Nonpayment. If payment for purchases on a Customer’s account is delinquent, your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us.

Delivery.

     • The Customer is responsible for providing the Delivery Person with access to the Customer’s designated delivery location. Delivery Persons are entitled to rely upon their reasonable interpretation of the description of the Customer’s delivery location.

     • If a Customer requires delivery to a person at a location, then the Delivery Person may only drop off the goods with a person at Customer’s designated location. If a person is not present at the designated delivery location when the Delivery Person arrives to complete the delivery, then the Delivery Person may either (1) attempt to contact the Customer to schedule delivery at a later time, or (2) return the order to the Store so that Customer can pick up at Customer’s earliest opportunity within a reasonable time – and in either case, Seafood City reserves the right to charge the Customer the full amount of the Order, along with a redelivery surcharge.

     • If a Customer allows drop-off to an unmanned location, then the Delivery Person may drop off the goods at the Customer’s designated location. Delivery Person may take a photo of the dropped off order and upload to the Services for Customer’s convenience as proof of delivery.

     • Seafood City will use reasonable efforts to have deliveries made by the dates and times indicated in the Services for a particular order. Otherwise, delivery times are governed by general standards of reasonableness.

     • If goods are damaged in transit, the party that assumes the risk of damaged goods is Seafood City provided that (i) if the damage is apparent at the time of delivery, the damage is identified by the Customer at the time of delivery by the Customer notifying the Delivery Person or (ii) if the damage is not apparent at the time of delivery but after unpacking the delivery, Customer promptly notifies Seafood City.

Intellectual Property. All information, documents, logos, graphics, images, software and other materials provided on this Platform is the intellectual property of Seafood City, and third parties where applicable, (“Content”). All trademarks, service marks, logos, trade names, and trade dresses in or on the Platform, whether registered or unregistered, are proprietary to Seafood City. You may not use, reproduce, or otherwise display any such trademarks, service marks, logos, trade names or trade dresses without the prior written consent of Seafood City or the appropriate owner thereof. There are no implied rights. Except as permitted herein or otherwise agreed in writing, Content on the Services may not be copied, republished, mirrored, or transmitted without the express written permission of Seafood City and/or the applicable third party. Where access is permitted, Seafood City grants you permission to display, copy, download, and distribute for informational purposes the Content provided to you, so long as the appropriate copyright attribution is given to Seafood City and/or applicable third parties. See the contact information below if you have any questions about such access or attribution. This permission terminates automatically if you breach any of the terms of this Terms. Upon termination, you agree to immediately delete or discard any downloaded Content in your possession. Except where expressly allowed herein by Seafood City and/or the applicable third party, nothing on the Services shall be construed to confer any license or sale under any of Seafood City’s or any of third party’s intellectual property rights. Parties utilizing the Services acknowledge sole responsibility for obtaining any such licensure rights through the appropriate channels. Please see the contact information below if you have any questions about obtaining licenses from Seafood City.
Disclaimers. 

THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS,” AND SEAFOOD CITY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES, AND GUARANTEES, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING WITHOUT LIMITATION WITH REGARD TO TIMELINESS, SECURITY, QUALITY, AVAILABILITY, SUITABILITY, ACCURACY, AND COMPLETENESS. THIS DISCLAIMER APPLIES ALSO TO CONTENT, SERVICE, AND CONSUMER PRODUCTS PROVIDED BY OTHER PARTIES.

SEAFOOD CITY RELIES UPON STORES AND CONSUMER PRODUCT LABELS TO PROVIDE ACCURATE DIETARY INFORMATION, ALLERGEN WARNINGS, AND GENERAL PRODUCT SAFETY INFORMATION AND DOES NOT ACTUALLY WARRANT THAT ANY SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RATHER, ALL CONTENT IS ONLY PROVIDED FOR INFORMATIONAL SEAFOOD CITY IS SOLELY AT THE RISK OF PERSONS USING OR OTHERWISE HANDLING THE CONSUMER PRODUCTS.

SEAFOOD CITY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONSUMER PRODUCT, AND SEAFOOD CITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMERS OR THIRD PARTIES.

DELIVERY PERSONS ARE SOLELY RESPONSIBLE FOR MANAGING THEIR OWN VEHICLES, AND TRAVELLING PROPERLY, SAFELY, AND SECURELY.  SEAFOOD CITY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY DELIVERY PERSON, AND SEAFOOD CITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY DELIVERY SERVICE.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL SEAFOOD CITY BE LIABLE TO YOU, ANY PARTY OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, PUNITIVE DAMAGES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER OR NETWORK FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL SEAFOOD CITY’S TOTAL LIABILITY EXCEED THE CUSTOMER’S COST OF THE ORDER AT ISSUE, OR $500, WHICHEVER IS LESS.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY. CUSTOMERS UNDERSTAND THAT BY USING DELIVERY PERSONS, THEIR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT THE CUSTOMER CHOOSES TO USE THE SERVICES AND ENGAGE DELIVERY PERSONS AT THEIR OWN RISK. EACH PARTY EXPRESSLY WAIVES AND RELEASES SEAFOOD CITY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO DELIVERY PERSONS.  SEAFOOD CITY DOES NOT INDEPENDENTLY VERIFY OR ASSESS THE CHARACTER, SKILL, QUALITY, OR SAFETY OF DELIVERY PERSONS NOR DOES SEAFOOD CITY INDEPENDENTLY VERIFY OR ASSESS THE LEGALITY OF THE CONSUMER PRODUCTS PROVIDED BY STORES. SEAFOOD CITY IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF DELIVERY PERSONS.  SEAFOOD CITY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN CUSTOMERS, DELIVERY PERSONS, OR THIRD PARTIES. EACH PARTY ASSUMES RESPONSIBILITY FOR THEIR OWN CONDUCT AND FULLY ASSUMES THE RISK OF THEIR OWN DECISIONS. IF YOU ARE A INDIANA RESIDENT, YOU WAIVE INDIANA CIVIL CODE §1542, WHICH SAYS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Health-Related Issues.

The SEAFOOD CITY website is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through the website are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

Should you have any health care-related questions, please call or see your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of something you have read here.

Legal Compliance. It is each party’s responsibility to use the Services solely for lawful purposes. In this respect a party may not, without limitation (a) intercept or monitor any equipment that is not their own; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, damage, unreasonably delete or disassemble Content, the Platform or the Services ; (c) cause or intend to cause unfair embarrassment or distress to, or to unfairly threaten, harass, or harm anyone. Seafood City operates this Platform from Indiana and makes no representation that the Content is available for use outside the United States of America. If a party accesses this Platform from another location, it is by their own initiative and it is their own responsibility to comply with the laws of their jurisdiction, as well as any applicable import/export laws.

Indemnification. You (‘Responsible Party’) shall defend and indemnify Seafood City and its agents (at Seafood City’ option) against any allegation, claim, lawsuit (“Claim”) made or brought against Seafood City by another party or a third party arising out of the Responsible Party’s use of the Platform or Services, including, without limitation, arising out of violation of this Terms, violation of an intellectual property right, breach of contract, negligence, willful misconduct, or crime. Such indemnity shall cover any damages awarded against Seafood City, and for reasonable attorney’s fees incurred by Seafood City, in connection with any such Claim; provided, that Seafood City promptly gives Responsible Party written notice of the Claim. Where Responsible Party provides defense, Responsible Party shall have the reasonable control of the defense and any settlement of the Claim (provided that Responsible Party may not settle any Claim without Seafood City’ advance written consent). Seafood City reserves the right, at Seafood City’ expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section (without limiting indemnification obligations hereunder) and the Responsible Party agrees to reasonably cooperate with Seafood City’ defense of that claim.

Digital Millenium Copyright Act.In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), which in particular regulates: (1) protections for online service providers in certain situations if their users engage in copyright infringement, including by creating the notice-and-takedown system, which allows copyright owners to inform online service providers about infringing material so it can be taken down; (2)  encouragement to copyright owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access to their works (for example, hacking passwords or circumventing encryption); and (3) makes it unlawful to provide false copyright management information (for example, names of authors and copyright owners, titles of works) or to remove or alter that type of information in certain circumstances.

Thus, if you believe in good faith that materials available on this website violate your copyright, you may contact us at the address listed here requesting that we remove the material or block access to it. For this purpose, you must include the following information:

(1)     Identification of the copyrighted work that you believe to be infringed.
(2)     Identification of the content that you believe to be infringing and its location.
(3)     Your contact information, in particular, your name, address, telephone number, and email address.
(4)     A statement of a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
(5)     A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
(6)     A signature or the electronic equivalent from the copyright holder or authorized representative.

Updates and Amendments. Seafood City may make improvements and/or changes to the Services, and changes to the Content, at any time and without notice. Seafood City may amend this Terms upon 10-days advance written notice, which amendments shall be binding on all parties. If you do not agree with a change, your sole remedy is to cease using the Platform and the Services.

Complete Terms. This Terms, together with any applicable written Terms between parties (i.e., Delivery Person Terms between Seafood City and a Delivery Person), and the Seafood City Privacy Notice, represent the entire Terms and general understanding relating to the use of the Services and supersede prior, contemporaneous, or additional communications. Seafood City’ current statement of fees may be amended from time to time in Seafood City’ discretion.

Legal Contact Information

If you have any questions about this Terms, or if you would like to request permission to use any Content, please contact us:

Seafood City
2883 Surveyor St, Pomona, CA 91768, United States
onlineshop@seafoodcity.com


Term.
This Terms shall take effect when you first use the Platform or when it is electronically accepted by a party, whichever is first.

A party may terminate this Terms at any time for any reason or for no reason upon 3-days advance notice, or immediately if the other party breaches the terms of this Terms. Upon the giving of a termination notice, an account may be immediately suspended. Both parties agree that the opportunities presented by this Terms constitute adequate consideration for such a termination right. Except as otherwise stated herein, neither party shall be responsible to the other for any costs or damages resulting from the termination of this Terms.

The provisions of this Terms that by their nature extend beyond the applicable expiration date or other termination of this Terms will survive and remain in effect until all obligations are satisfied.This Terms shall take effect when you first use the Platform or when it is electronically accepted by a party, whichever is first.

     • Waiver. Failure of Seafood City to enforce a right under this Terms shall not act as a waiver of that right or the ability to later assert that right relative to the situation involved.

     • Validity of Provisions. If any provision of this Terms shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the invalidity or enforceability of this Terms.

     • Force Majeure. No party shall be liable to any other party for any failure or delay in performance of its obligations under this Terms due to any force majeure, labor strike, adverse weather conditions, shortage of materials, pandemic, epidemic, quarantine, war, invasion, acts of a public enemy, governmental preemption in connection with a national emergency, riot, laws, rules, regulations or order of governmental or military authorities, or failure of the Internet.

GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION. And Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Seafood City agree that this Terms of Use affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Terms or any prior Terms (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to this Terms of Use, you agree to resolve any and all disputes with Seafood City as follows

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Seafood City’ support department at onlineshop@seafoodcity.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or these Terms directly through consultation with the Seafood City support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Arbitration Rules and Governing Law
The Federal Arbitration Act (the “FAA”), regulates the interpretation and enforcement of this Arbitration Agreement and preempts all state laws. If the Federal Arbitration is found not applicable to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be governed by the law of your state of residence.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Terms (including the Privacy Notice’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Platform or the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Terms or the Privacy Notice, including but not limited to any claim that all or any part of this Terms or Privacy Notice is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (c) send one copy of the Demand for Arbitration to Seafood City at Attn: Legal; onlineshop@seafoodcity.com.

To the extent, the filing fee for the arbitration exceeds the cost of filing a lawsuit, Seafood City will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Seafood City will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, the arbitration shall be initiated in the State of Indiana, the United States of America and you and Seafood City agree to submit to the personal jurisdiction of any federal or state court in Merrillville, Indiana in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Jury Trial Waiver
By entering into these terms, you agree that, with respect to any claim(s) within the scope of the terms concerning and rising from arbitration terms, you and Seafood City are each waiving the right to a trial by jury.

Class, Collective, and Representative Action Waiver
The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Seafood City AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right To Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Seafood City) written notice of your decision to opt-out to Seafood City ---Attn: Legal; onlineshop@seafoodcity.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Seafood City will not be bound by them.

Changes To This Section: Seafood City will provide thirty (30) days’ notice of any changes to this section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or cessation of use of the Platform or the Services.

ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties’ attorneys’ fees provision a part of any statute under which you may bring a claim.CHOICE OF LAW. The Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of California. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.

Last Updated: September, 2023
BAYANIPAY
Partner Terms & Conditions: Any terms and conditions specific to the partnership.BayaniPay is an authorized agent of BDO Remit (USA), Inc., with money transmitter licenses in California, Hawaii, New Jersey, US Virgin Islands, and Alaska (License #1627). Initially, BayaniPay services on the SFC+ App are available to California residents for remittances to the Philippines. More states coming soon! Minimum remittance is $99. Maximum amount per daily transaction is $1,999.

The BayaniPay remittance service on SFC+ app is governed by the BayaniPay Terms and Conditions and Privacy Policy.

By linking your BayaniPay account and SFC+ App account, you agree to be bound by these terms and conditions.

Fee Changes
BayaniPay will provide prior notice through the app or email of any change in service fees one (1) day before effecting the change. Your continued use of the service after fee change comes into effect constitutes your agreement to pay the modified service fee amount.

Exchange rates
Exchange rates are always reflected before and during your transaction, we will convert the Transaction Amount at the Locked-In Exchange Rate during the time that you have completed your transaction. The exchange rates are updated daily at 2:00AM Los Angeles, CA, USA (PST) time zone.

Buena Mano Rate Promotion
The Buena Mano Rate Promotion (“Promotion”) is available for first-time customers sending money to the Philippines using BayaniPay. The first-time Promotion will continue to run until determined by BayaniPay. BayaniPay reserves the right to suspend, modify, or terminate the Promotion at any time, with or without prior notice.

To be eligible for the Promotion, you must sign up for BayaniPay and successfully complete your first transfer to the Philippines.

The Promotion will entitle eligible customers to make one (1) qualifying transfer of up to $500 to the Philippines at the Buena Mano Rate of 60 Philippine Pesos to $1 US Dollar (“Promotional Rate”). The regular exchange rate at the time of the transaction will apply to the remainder of your transfer exceeding $500. Succeeding transfers will be subject to regular rates. All exchange rates are subject to change at BayaniPay’s discretion.

The Promotion is available for first-time customers or existing customers identified by BayaniPay to be eligible. The Promotion is limited to one (1) per person and is not valid with other BayaniPay offers. The value of the Promotion is not redeemable for cash or credit.

BayaniPay reserves the right to limit the number of individuals per household eligible for this Promotion. Any attempt by a customer to abuse this Promotion by using multiple/different identities, registrations, logins, and/or any other methods, will void and disqualify the customer from receiving the Promotion at BayaniPay’s sole discretion.

Any cancellations or insufficient funding of the transfer will deem you ineligible for this Promotion. BayaniPay reserves the right to void any Promotion redemption that appears to be fraudulent or is not compliant with BayaniPay’s terms and conditions. Right to Refund

You are entitled to a refund of the money to be transmitted as the result of this agreement if BDO Remit (USA), Inc. does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.

If your instructions as to when the money shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of your money.

For California Residents
If you want a refund, you must mail or deliver your written request to BDO Remit (USA), Inc. at 350 Gellert Boulevard Daly City, CA 94015. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.

Disputes, Cancellation and Error Resolution
You may cancel your Transaction for a full refund (a) within 30 minutes of authorizing your Transaction or (b) at any time thereafter if the Transaction Amount has not yet been converted in accordance with your order.
If customers have any concern or dispute about the Service, customers agree to resolve the dispute first by contacting the Company. If issues cannot be resolved by the Company’s support team in any effort, customers agree to go through arbitration or mediation to have the issue settled. Customers are solely responsible for any fees associated with filing the claim with an arbitrator or mediator if customers decide to take legal action to resolve the matter outside the Company.


BayaniPay - General Inquiry
By Email: support@bayanipay.com  
By Chat: www.bayanipay.tawk.help
By Phone: Tel #: +1-888-599-7280
By Mail: 222 N Pacific Coast Hwy, 10th. Floor, El Segundo, CA 90245
ANNUAL PERCENTAGE YIELD AND ACCOUNT TERMS DISCLOSURE
October 16, 2024
East West Bank
Easy Digital Checking
Terms and Conditions
Minimum Opening Balance
$0
Account must be funded within 90 days of opening. Accounts that are not funded within 90 days, or that at any time maintain a $0 balance for 90 days or more, will be subject to automatic closure.

Additionally, East West Bank reserves the right to automatically close any account that is overdrawn or otherwise not maintained in good standing, or for any reason in accordance with the terms of the Bank’s Deposit Agreement. Generally, accounts with an unresolved overdraft condition will be closed within 90 days of the overdraft date, but timing of the closure is solely at the discretion of the Bank. For additional information please refer to the Bank’s Deposit Agreement.

Requests to re-open an account that has been closed by East West Bank or the customer are subject to Bank review and approval. The Bank is under no obligation to honor a re-opening request, and not all accounts will qualify for re-opening.
Monthly Maintenance Fee
No Monthly Maintenance Fee
Rate Information
Non-Interest Bearing
Additional Terms and Conditions
Banking Service Provider
By opening an Easy Digital Checking account with East West Bank through BayaniPay using the SFC+ app, you authorize East West Bank and BayaniPay to share information related to your Easy Digital Checking account, including sharing information with Seafood City Supermarket regarding purchases made at Seafood City stores using your Easy Digital Checking account Debit Card. See the East West Bank Privacy Notice for Consumers for additional information.
Information Sharing
The Easy Digital Checking account and all related banking products and services are solely offered and provided by East West Bank. Deposit accounts opened and held at East West Bank, including those opened through BayaniPay using the SFC+ app, are combined and insured by the Federal Deposit Insurance Corporation (FDIC) under East West Bank.
Qualification Requirements
The Easy Digital Checking account is offered through BayaniPay, and made available, at their sole discretion, through the SFC+ app.

Additionally, qualifying individuals must be 18 years of age or older and a U.S. tax resident with a valid social security number. One account per customer. Additional identification and verification requirements may apply.
Subject to Bank Approval
Account applications are subject to verification and approval. Submission of an application does not guarantee that East West Bank will open an account for you.
Account Title and Contact Information
By submitting an application through BayaniPay using the SFC+ app you are requesting to open an Easy Digital Checking account at East West Bank, a United States financial institution. If approved, an Easy Digital Checking account will be opened in your name, as sole owner. Your contact e-mail address, mobile phone number, primary residence address and alternate account mailing address will be defined based on the information you agreed to share with us. If an alternate account mailing address was not provided, we’ll use your residence address as the mailing address for your account.
Check Orders
Your Easy Digital Checking account will NOT have checks automatically issued. If you would like to order checks, you may contact East West Bank at (U.S.) +1.833.468.8356.
Check Imaging
Check Imaging is a process of capturing, indexing, storing and retrieving electronic images of checks. Imaging systems replace the handling, distribution and storage of checks with electronic images. The images are retained by us for a period of seven years from the date of posting.

By using your account you agree to this procedure and authorize us to destroy the original items and check. You agree to allow any imaged document, or copy thereof, to serve as an original item for any and all purposes, including charging your account or determining the validity of any signatures or otherwise.
Debit Card Issuance / ATM Access
A Debit Card will NOT be automatically issued. If you would like to request a Debit Card you may request a card in the SFC+ app or through East West Bank's Online Banking Services, or by contacting East West Bank at (U.S.) +1.833.468.8356.

If requested, your Debit Card will be issued in your name and mailed to the address associated with your Easy Digital Checking account. For cards delivered to an international address, a shipping fee may apply. Please refer to the East West Bank Fee Schedule for additional details.

Your Easy Digital Checking account will be linked as the primary account that can be accessed using the Debit Card. By requesting an Easy Digital Checking account Debit Card, you agree to East West Bank and BayaniPay sharing information with Seafood City Supermarket regarding purchases made at Seafood City stores.
ATM Withdrawal Fees
There is no charge for using a proprietary East West Bank ATM.

East West Bank will not charge you for the first two non-proprietary ATM withdrawals per statement cycle, but will assess a $1.00 fee for each withdrawal thereafter. Additionally, 3rd party ATM usage fees may be charged to your account at the request of the provider operating the non-proprietary ATM.
Other Fees and Services
Additional fees may apply. Please refer to the East West Bank Fee Schedule, which has been provided with this disclosure, for additional fee information.
ANNUAL PERCENTAGE YIELD AND ACCOUNT TERMS DISCLOSURE
ANNUAL PERCENTAGE YIELD AND ACCOUNT TERMS DISCLOSURE
October 16, 2024
East West Bank
Easy Digital Checking
Terms and Conditions
Minimum Opening Balance
$0
Account must be funded within 90 days of opening. Accounts that are not funded within 90 days, or that at any time maintain a $0 balance for 90 days or more, will be subject to automatic closure.

Additionally, East West Bank reserves the right to automatically close any account that is overdrawn or otherwise not maintained in good standing, or for any reason in accordance with the terms of the Bank’s Deposit Agreement. Generally, accounts with an unresolved overdraft condition will be closed within 90 days of the overdraft date, but timing of the closure is solely at the discretion of the Bank. For additional information please refer to the Bank’s Deposit Agreement.

Requests to re-open an account that has been closed by East West Bank or the customer are subject to Bank review and approval. The Bank is under no obligation to honor a re-opening request, and not all accounts will qualify for re-opening.
Monthly Maintenance Fee
No Monthly Maintenance Fee
Rate Information
Non-Interest Bearing
Additional Terms and Conditions
Banking Service Provider
By opening an Easy Digital Checking account with East West Bank through BayaniPay using the SFC+ app, you authorize East West Bank and BayaniPay to share information related to your Easy Digital Checking account, including sharing information with Seafood City Supermarket regarding purchases made at Seafood City stores using your Easy Digital Checking account Debit Card. See the East West Bank Privacy Notice for Consumers for additional information.
Information Sharing
The Easy Digital Checking account and all related banking products and services are solely offered and provided by East West Bank. Deposit accounts opened and held at East West Bank, including those opened through BayaniPay using the SFC+ app, are combined and insured by the Federal Deposit Insurance Corporation (FDIC) under East West Bank.
Qualification Requirements
The Easy Digital Checking account is offered through BayaniPay, and made available, at their sole discretion, through the SFC+ app.

Additionally, qualifying individuals must be 18 years of age or older and a U.S. tax resident with a valid social security number. One account per customer. Additional identification and verification requirements may apply.
Subject to Bank Approval
Account applications are subject to verification and approval. Submission of an application does not guarantee that East West Bank will open an account for you.
Account Title and Contact Information
By submitting an application through BayaniPay using the SFC+ app you are requesting to open an Easy Digital Checking account at East West Bank, a United States financial institution. If approved, an Easy Digital Checking account will be opened in your name, as sole owner. Your contact e-mail address, mobile phone number, primary residence address and alternate account mailing address will be defined based on the information you agreed to share with us. If an alternate account mailing address was not provided, we’ll use your residence address as the mailing address for your account.
Check Orders
Your Easy Digital Checking account will NOT have checks automatically issued. If you would like to order checks, you may contact East West Bank at (U.S.) +1.833.468.8356.
Check Imaging
Check Imaging is a process of capturing, indexing, storing and retrieving electronic images of checks. Imaging systems replace the handling, distribution and storage of checks with electronic images. The images are retained by us for a period of seven years from the date of posting.

By using your account you agree to this procedure and authorize us to destroy the original items and check. You agree to allow any imaged document, or copy thereof, to serve as an original item for any and all purposes, including charging your account or determining the validity of any signatures or otherwise.
Debit Card Issuance / ATM Access
A Debit Card will NOT be automatically issued. If you would like to request a Debit Card you may request a card in the SFC+ app or through East West Bank's Online Banking Services, or by contacting East West Bank at (U.S.) +1.833.468.8356.

If requested, your Debit Card will be issued in your name and mailed to the address associated with your Easy Digital Checking account. For cards delivered to an international address, a shipping fee may apply. Please refer to the East West Bank Fee Schedule for additional details.

Your Easy Digital Checking account will be linked as the primary account that can be accessed using the Debit Card. By requesting an Easy Digital Checking account Debit Card, you agree to East West Bank and BayaniPay sharing information with Seafood City Supermarket regarding purchases made at Seafood City stores.
ATM Withdrawal Fees
There is no charge for using a proprietary East West Bank ATM.

East West Bank will not charge you for the first two non-proprietary ATM withdrawals per statement cycle, but will assess a $1.00 fee for each withdrawal thereafter. Additionally, 3rd party ATM usage fees may be charged to your account at the request of the provider operating the non-proprietary ATM.
ATM Withdrawal Fees
There is no charge for using a proprietary East West Bank ATM.

East West Bank will not charge you for the first two non-proprietary ATM withdrawals per statement cycle, but will assess a $1.00 fee for each withdrawal thereafter. Additionally, 3rd party ATM usage fees may be charged to your account at the request of the provider operating the non-proprietary ATM.
Easy Digital Checking
DEPOSIT AGREEMENT ADDENDUM
July 12, 2024
This Deposit Agreement Addendum amends and supersedes, where applicable, the Bank’s Deposit Agreement dated 6/1/2024 and applies specifically to accounts opened using the BayaniPay website or web application services.
1. Holds for Uncollected Funds / Delayed Funds Availability
Effective September 23, 2023

The below revised information amends the “Ability to Withdrawal Funds”, “Longer Delays May Apply” and “Special Rules for New Accounts” information contained in the Holds for Uncollected Funds / Delayed Funds Availability section of the Bank’s Deposit Agreement. All other information contained in the Holds for Uncollected Funds / Delayed Funds Availability section of the Deposit Agreement remains the same.
Ability to Withdrawal Funds - Generally, our policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit, although specific account types, check types or deposit methods may be subject to delayed funds availability. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.

In many cases we will make the funds from your deposited checks available to you sooner than we are able to collect the funds from the paying bank, and it is possible for a check or other item to be returned to us as unpaid days, weeks or months after we have made the funds available to you. Please remember that even after we have made funds available to you, and you have withdrawn the funds, we have the right to reverse the credit for the deposited checks and/or you are still responsible for repaying us for any checks or other items you deposit or transmit to your account that are returned unpaid to us for any reason.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit in person at one of our branch locations before the close of business on a business day that we are open, we will consider that day to be the day of your deposit. If you deposit a check by Mobile Deposit on a business day before the Mobile Deposit service cutoff time, we will consider that day to be the day of your deposit. (For Mobile Deposit Business Day cutoff time information, please refer to the Mobile Deposit information in the applicable Online Banking Agreement.)

NOTE:Generally, our close of business is 5:00 p.m. (local time zone), Monday – Friday, however most of our locations close at 6:00 p.m. (local time zone) on Friday. (Note: These times may vary by location.)

If you make a deposit into one of our automated teller machines before 3:00 p.m. (local time zone) on a business day we are open, we may consider that day to be the day of deposit. However, if you make any of the above-mentioned deposits after the cut-of time or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Longer Delays May Apply - In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit, including:

Mobile Deposits - Generally, funds from Mobile Deposits made using our Consumer or BusinessExpress Mobile App will be made available the third business day after the day of deposit; however, the first $225 of your Mobile Deposits will be available on the first business day after the day of deposit. In certain circumstances longer delays may apply, such as when your Mobile Deposits total more than $5,525 on any one day, in which case the amount over $5,525 will generally be available no later than the seventh business day after the day of deposit.
Other Check Deposits (on a case-by-case basis) - On a case-by-case basis funds from certain checks that you deposit may not be available until the second business day after the day of your deposit; however, the first $225 of your deposit will be available on the first business day after the date of deposit.

If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will send you a notice by the day after we receive your deposit.

If you will need the funds from a deposit right away, you should ask us when the funds will be available.

In addition, funds you deposit by check (including Mobile Deposits) may be delayed for a longer period under the following circumstances:

• We believe a check you deposit will not be paid.
• You deposit checks totaling more than $5,525 on any one day.
• You redeposit a check that has been returned unpaid.
• You have overdrawn your account repeatedly in the last six months.
• There is an emergency, such as failure of communications or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

Special Rules for New Accounts– If you are a new customer, the following special rules will apply during the first 30 days your account is open.

Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers and the first $5,525 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s and federal, state and local government checks, will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,525 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.

Funds from all other check deposits will be available on the ninth business day after the day of your deposit.

NOTE:
The foregoing rules do not apply to deposits of foreign items (items drawn on or payable through or at an office of a depository institution not located in the U.S.).
2. New Account Funds Usage Limitations
Effective September 23, 2023

New accounts that are opened through our Mobile App or Online Banking service may be subject to certain access and usage limitations until the Bank’s new account fraud risk assessment has been completed. This fraud risk assessment hold may result in your initial funding deposit not being readily available for uses that may otherwise be generally permitted under the terms of the Bank’s Deposit Account Agreement or other agreements governing your account and services. Please refer to the Annual Percentage Yield and Account Terms Disclosure received at account opening for additional details.
3. State Law Applicability for Digitally Acquired Consumer Customers
Effective February 17, 2022

Accounts opened by consumers that become a Bank customer using the East West Bank mobile banking application will be established at a California location and be subject to California state specific laws, unless they used or entered an “invite link” provided by an East West Bank branch located in another state, in which case their account(s) will be established at that branch location and subject, where applicable, to that state’s specific laws as defined in the Bank’s Deposit Agreement.
GAWAD KALINGA USA
Terms and Conditions for Donations for Gawad Kalinga USA

1. Overview - These terms and conditions govern donations made through the SFC+ app to Gawad Kalinga USA. By making a donation, you agree to these terms.

2. Eligibility - Donors must be at least 18 years old to make a donation. Donations are accepted from individuals and entities.

3. Donation Process - Donations can be made through the SFC+ app by following the specified prompts. All donations are processed securely through the app.

4. Donation Amount - Donors may choose to contribute any amount.

5. Use of Donations - All funds received will be directed to Gawad Kalinga USA programs. Donor contributions may be allocated to various projects as determined by Gawad Kalinga USA.

6. Tax Deductibility - Donations may be tax-deductible under the laws of the United States for residents and citizens of this country. A receipt will be provided via email for each donation made.

7. Refund Policy - All donations are final and non-refundable unless otherwise specified by Gawad Kalinga USA. In exceptional cases where a refund is warranted, requests must be made within 7 days of the donation date.

8. Privacy Policy - Donor information will be collected and stored in accordance with Gawad Kalinga USA’s privacy policy. Personal information will not be shared with third parties without consent.

9. Amendments - Gawad Kalinga USA reserves the right to amend these terms and conditions at any time. 

10. Governing Law - These terms are governed by the laws of the United States. Any disputes will be resolved in accordance with those laws.

For more information, please visit https://www.gk-usa.org/ .

By making a donation through the SFC+ app, you confirm that you have read and understood these terms and conditions.
GRILL CITY
Terms of Use
Last Revised: September 2023

Disclaimer
IMPORTANT- THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.THE TERMS AND CONDITIONS OF THESE TERMS OF USE (THE “Terms”) SET FORTH BELOW GOVERN YOUR USE OF THE SEAFOOD CITY WEBSITE AND/OR MOBILE APPLICATIONS (COLLECTIVELY, THE “PLATFORM”) AND E-COMMERCE AND OTHER SERVICES AVAILABLE ON AND THROUGH THE PLATFORM (THE “SERVICES”). THIS TERMS IS A LEGAL CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND SEAFOOD CITY AND GOVERN YOUR ACCESS TO, AND USE OF, THE PLATFORM AND THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS TERMS, DO NOT ACCESS OR OTHERWISE USE THIS PLATFORM OR THE SERVICES, OR ANY INFORMATION ON OR RELATED TO THIS PLATFORM OR THE SERVICES. BY CLICKING THE BOX TO USE THE PLATFORM OR THE SERVICES OR USING THIS PLATFORM OR THE SERVICES, YOU AGREE TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

Overview
Read these Terms of Use carefully and comply with them carefully. By accessing and/or using this website and/or our mobile applications the users agree to be bound by these Terms of Use and all terms incorporated by reference. Please, do not use this website and/or our mobile applications, online services if you do not agree to all of these terms.

This Terms of Use regulates legal transactions between Seafood City, located at 134 S Vermont Ave, Los Angeles, CA 90004, USA, and you.

This Terms of Use governs relationship between Seafood City’s and you. To the extent stated below, this Terms of Use also governs each party’s relationship with other parties with whom those parties transact utilizing the Services, and all such parties remain free to have additional Terms and terms between themselves as they may agree in writing, provided that no such additional terms shall be interpreted to conflict with or supersede this Terms with respect to Seafood City specifically.

Seafood City provides online and mobile technology that connects Customers, Stores, and Delivery Persons. Using the Platform and Services, Customers place purchase orders for grocery products that are available to purchase online on the Platform. Items purchased online are available for pickup or delivery.

If you submit orders through a third-party site or application, such as GrubHub or DoorDash, you may be required to have an account with such third party and may be transferred to such third party’s website or application to complete transactions. Any orders submitted through such third-party sites or applications are solely between you and the applicable third party, not Seafood City. This Terms does not apply to orders placed through a third party’s website or application. If you use a third party’s website or application for an order from one of our stores, you will be subject to the terms and policies posted by that third party and we are not responsible for those terms or policies or acts or omissions of those third parties.

Terms & Conditions
All the users of this website agree that their access to and use of this website are subject to the terms and conditions stated in this Terms of Use and all applicable laws therein, and that any such access or use is assumed at the users’ own risk. These Terms of Use are subject to change at any time without prior notice. Any changes will be reflected in this legal notice.

Parties. All parties to this Terms of Use are independent contractors with respect to one another, such that no party exercises control over any other party or has any liability or responsibility for any other party.

Third-Party Service Providers. Seafood City in partnership with its service providers (“Third-Party Service Providers”) provides information and online methods for Customers to purchase and obtain delivery of products. Third-Party Service Providers do not provide any items for online sales but do provide the necessary infrastructure in order to provide customers of the Services a method to order items available online and provide delivery services.

Customers. Customers utilize the Services to purchase products from Stores and to obtain delivery of such products from Delivery Persons. Customers do not control and have no liability or responsibility for any Store or Delivery Person, or for Seafood City.

Stores. Stores are Seafood City’ stores and/or warehouses that showcase and sell consumer products to Customers via the Platform and Services. Stores fulfill orders for Customers unless specified otherwise. Stores do not themselves provide delivery services unless the Store expressly advises the Customer otherwise. Stores may provide Customers with pick-up options in each Store’s discretion.

Delivery Persons. Delivery Persons utilize Seafood City’ Third-Party Service Providers’ services, to independently select and execute delivery jobs to deliver products that Customers purchase on the Platform in exchange for a fee from the Third- Party Service Provider. Delivery Persons do not themselves provide products. Delivery Persons are independent contractors to Seafood City’ Third-Party Service Providers and are not engaged in any employment or agency relationship with Seafood City, Stores, or Customers.

Mobile Applications. With respect to the mobile versions of the Platform, you will use the Platform and Services (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) or a product that runs on Android; and (ii) as permitted by applicable “Usage Rules” set forth in the Apple App Store Terms of Use or the Google Play Terms of Use. With regard to your use of the iOS version of the Platform and Services, you acknowledge and agree that (i) this Terms is an Terms between you and Seafood City only, and not Apple, and (ii) Seafood City, not Apple, is solely responsible for the Platform and Services and content thereof. Your use of the Platform and Services must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform or the Services. In the event of any failure of the Platform or the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform and Services (if any) to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform or the Services. As between Seafood City and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Seafood City, subject to this Terms. You and Seafood City acknowledge that, as between Seafood City and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Platform or the Services or your possession and use of the Platform or the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform or the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Seafood City acknowledge that, in the event of any third-party claim that the Platform or the Services or your possession and use of the Platform or the Services infringe that third party’s intellectual property rights, as between Seafood City and Apple, Seafood City, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by, and subject to, this Terms. You and Seafood City acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Terms as related to your license of the Platform or the Services, and that, upon your acceptance of the Terms of Use and conditions of this Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms as related to your license of the Platform or the Services against you as a third-party beneficiary thereof.

Site Content & As-Is Disclaimer
‍Unless agreed otherwise in writing by the party providing the product or service, all products and services are provided "as is", and without warranties of any kind.

The Seafood City website and all information, content, materials, products, services and user content included on or otherwise made available to you through the website are provided by

Seafood City on an "as is," "as available" basis, without representations or warranties of any kind. Seafood City makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the site contents, or that the website or emails sent from Seafood City are free of malware or other harmful components. You expressly agree that your use of the Seafood City website is at your sole risk. To the full extent permitted by law, Seafood City disclaims any and all representations and warranties with respect to the website and the site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

Certain providers of products may separately provide limited representations and/or warranties regarding their products. This provision does not apply to such product warranties.

Privacy Policy
‍Pease refer to our Privacy Policy for information on how Seafood City collects, uses and shares information about users of the website.

Eligibility, Registration, Creating an Accounts.
‍The Seafood City website is targeted over the age of 16. By using the Sites, you guarantee that you are 16 years of age or older. You must be 16 years of age or older to access or use, or register for an account on the website. Additionally, you may not make a purchase from our website unless you are at least 18 years of age. You also guarantee that you (1) have not previously been suspended or removed from the Sites; (2) do not have more than one website account; and (3) that you have full power and authority to agree to the Terms and conditions and in doing so will not violate any other Terms to which you are a party of.

You must register for an account and provide information about yourself to use the Services, such as profile and payment information. You are responsible for providing accurate information, for maintaining the confidentiality of their own account and password (including for example any third-party login password such as Google), and for any activities occurring under or through their account. If you have a reasonable belief that your account integrity or privacy has been jeopardized, they must immediately notify the Services through the contact page. You shall not create multiple accounts.

Accuracy of Information. While Seafood City and the Stores endeavor to provide accurate product information, you should know that product information accessed through the Platforms is obtained from information made by product manufacturers and producers; on occasion, they may change their labels or ingredient lists; and actual product packaging and materials may contain more and/or different information than that shown on the Platforms. Accordingly, you should not rely solely on the product information presented on the Platforms, but should always read carefully the labels, warnings, and directions before using or consuming a product and contact the product manufacturer or producer directly for any questions. Seafood City and the Stores do not assume any liability for inaccuracies, misstatements, or omissions related to any product information listed on the Platforms. In addition, even though we make an effort to describe and display our products and services accurately on the Platforms, products on the Platform may be mispriced, described inaccurately, or unavailable and we may experience delays in updating information on the Platforms and in our advertising on the Platforms.

Intellectual Property License. The Services and the Platform are owned by Seafood City, and all rights are reserved to Seafood City. Seafood City grants to each party using the Services a limited, revocable, non-transferable license to use the Services on appropriate and compatible devices that the party owns or controls solely for its personal use. You shall not (1) modify, replicate, distribute, share, or otherwise cause the Platform or the Services to be made available to multiple devices simultaneously, or (2) sell, transfer, redistribute, or sublicense the Services or the Platform.

Service Limitations and Requirements.
‍Customers must be at least eighteen years old to utilize the Services.

Alcohol purchases can only be dropped off with a person aged 21 or older. For alcohol purchases, you represent and warrant that you are age 21 or older. For alcohol purchases, the Delivery Person reserves the right to refuse delivery where the recipient cannot provide proper Identification matching the order and showing legal age. Valid forms of identification must include photo identification, such as a valid driver license; a passport, or (iii) a valid Armed Forces ID card. Delivery Persons may also refuse to deliver alcohol to anyone visibly intoxicated or otherwise presenting an observable danger to themselves or others.

Alcohol and tobacco deliveries may be limited in some markets and locales.

You agree not to modify, create derivative works of, sell, license or in any way exploit Seafood City, the Platform or the Services. You agree not to reproduce, distribute, publish, stream or broadcast any part of the Services without prior written authorization from Seafood City.

The parties agree not to circumvent or attempt to circumvent any security or other features of the Services or the Platform designed to limit access.

The parties agree not to harvest or mine content from the Platform or otherwise access or use the Services inconsistently.

Representations. By using the Platform or the Services, you represent that you are at least eighteen (18) years old; you are in good standing with the Services (i.e., no previous suspensions of service with Seafood City); and you will comply with and all applicable laws and regulations for your jurisdiction; if you are using the Services on behalf of an organization or entity, then you represent that you have authority to agree to this Terms on behalf of that organization or entity. You agree that the information you provide to the Services is accurate and that you will keep it up to date at all relevant times.

Payments. The Services will process your payment information as a Customer to make payments for your orders. You will be prompted to confirm payments before submitting your order finally to Seafood City. Unless otherwise agreed mutually in writing, all payments are non-refundable. There may be a fee or surcharge to the party requesting or utilizing the service, and such fees and surcharges may change over time in Seafood City’s discretion. You are encouraged to check Seafood City’ current statement of fees for up-to-date information before executing new orders.

Customers submitting payment information to the Services authorize Seafood City and its Third-Party Service Providers to process payments for orders according to the payment method specified in the Customer account. New payment methods and certain existing payment methods (i.e., credit card) may incur a temporary pre-authorization hold prior to Seafood City’ verification of the Customer’s account and available credit or balance for the intended purchase. Upon completion or cancellation of the Customer’s order, the pre-authorization hold is lifted within approximately 2-4 business days, depending on the Customer’s account holder.

Refunds. Refunds, credits, and order changes are processed by the Services on a case-by-case basis in the discretion of Seafood City.   Seafood City‘ policy is to diligently and with good faith assist Customers in processing these requests. This refund policy always applies regardless of any disruptions or downtime in the Services for any reason whatsoever.

Returning Items To A Store. Stores and Delivery Persons give the original receipt to the Customer. Delivery Persons are not obligated to return items to a Store for a Customer; however, Delivery Persons are free to independently agree to do so for a Customer subject to the Delivery Person’s Terms with the Third-Party Service Provider.

Order Changes. Customers acknowledge that after placing an order through Seafood City, the order may be processed quickly by a Store and Delivery Person. Once an order is in process, it may not be changed without the consent of the Store and Delivery Person where applicable.

Surcharge. Canceled orders may incur a surcharge. Customers are encouraged to check Seafood City’ current statement of fees and cancellation policies.

‍Store Pricing. Stores are required to provide up-to-date and accurate pricing to Customers through the Platform. If the product has already been purchased and delivered to the Customer (or is in the process of delivery by the Delivery Person), then the Store agrees to abide by the pricing then published on the Platform.

‍Store Inventory and Offers. The Services monitor inventory data to ensure its accuracy before uploading to the Platform and after uploading while it is being showcased to Customers but some items may still be unavailable even if the Services indicate the item is available. Seafood City may change or terminate any of the services, programs, promotions, and/or other offers, deals, coupons, and/or specials (collectively, "Offerings") described or offered through the Platform at any time without notice to you. Not all products are available at all of our stores or for online ordering or at all times. Some or all of the Offerings or products may not be available in your location (or your delivery or preferred pickup location). You shall not misuse or reproduce Offerings, such as by creating multiple accounts to use the same Offering.

‍Customer Specifications. When purchasing a product, Customers have the option to make comments & specifications (i.e., “large ripe tomatoes please”) and also replacement options (i.e., ‘If no organic free-trade shade-grown bird-friendly coffee, then regular organic coffee’). Stores and Delivery Persons will use reasonable efforts to read and attempt to fulfill Customer comments and specifications, but Seafood City makes no guarantees regarding the fulfillment of such comments and specifications. Customers agree to be reasonable with Delivery Persons and Stores in all parties’ requests. Please note that any request is subject to availability.

‍Communications. Seafood City may provide your contact information to a particular Store or Delivery Person solely for the purposes of communication regarding a transaction or order. The Store and/or Delivery Person is responsible for maintaining the privacy of your contact information, including but not limited to refraining from selling the contact information or using it for future promotional purposes.

By agreeing to this Terms, you agree that all communications from us relating to your use of or access to the Platform may be provided or made available to you electronically by email, “in-Platform” messaging or by posting a communication on the Platform or via text or phone as set forth below. Your consent to receive communications and do business electronically, and our Terms to do so, applies to all your interactions and transactions with us and our agents concerning your Platform usage and access.

For purposes of the Services operations or a specific transaction, you agree to receive text messages and phone calls at the phone number provided to the Services, and also emails to the email address provided to the Services, and also written correspondence to the address provided to the Services. Such communications may be sent by Seafood City and its Third-Party Service Providers and Delivery Persons. You will not be able to use the Services without agreeing to receive such communications.

For purposes of promotional communications, you may opt-out of promotional communications from Seafood City at any time. Otherwise, you may receive text messages, emails, or written communications to the contact information provided.

For text messages, you can limit your receipt of push notifications by adjusting the settings of your mobile device. We may send four or fewer text messages per month unless otherwise noted at the time of opt-in. You may opt-out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply.

For email messages, we may send ten or fewer email messages per month. You may opt-out of email messages at any time by following the instructions in the email.

     • Off-Platform Links. The Services may contain links to third-party websites and services, such as recipe providers, DoorDash or GrubHub or other delivery partners. Seafood City is not responsible for and does not specifically endorse or accept any responsibility for the contents or use of these third-party websites. Seafood City provides these links as a convenience only, and the inclusion of any link does not imply endorsement by Seafood City. It is each party’s responsibility to take precautions to ensure that whatever they select for their own use is suitable for their own needs and free of viruses or other harmful items.

Delivery Fees. The Customer acknowledges that delivery fees will apply as will be displayed in your account and checkout.

Tips. Customers are free and encouraged to give monetary tips to Delivery Persons. Such tips are solely the income of the Delivery Person and are not received or accounted in any manner by the Services or Stores.

‍User Submissions. Except where expressly provided otherwise by Seafood City, all comments, feedback, information or content submitted to the Services through or in association with the Services (“Submissions”) shall be considered non-confidential, and Seafood City shall be free to use such Submissions on an unrestricted basis or as provided by an Terms with Seafood City.

Each party making Submissions grants Seafood City a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use the Submissions for any reasonable purpose.

Nonpayment. If payment for purchases on a Customer’s account is delinquent, your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us.

Delivery.

     • The Customer is responsible for providing the Delivery Person with access to the Customer’s designated delivery location. Delivery Persons are entitled to rely upon their reasonable interpretation of the description of the Customer’s delivery location.

     • If a Customer requires delivery to a person at a location, then the Delivery Person may only drop off the goods with a person at Customer’s designated location. If a person is not present at the designated delivery location when the Delivery Person arrives to complete the delivery, then the Delivery Person may either (1) attempt to contact the Customer to schedule delivery at a later time, or (2) return the order to the Store so that Customer can pick up at Customer’s earliest opportunity within a reasonable time – and in either case, Seafood City reserves the right to charge the Customer the full amount of the Order, along with a redelivery surcharge.

     • If a Customer allows drop-off to an unmanned location, then the Delivery Person may drop off the goods at the Customer’s designated location. Delivery Person may take a photo of the dropped off order and upload to the Services for Customer’s convenience as proof of delivery.

     • Seafood City will use reasonable efforts to have deliveries made by the dates and times indicated in the Services for a particular order. Otherwise, delivery times are governed by general standards of reasonableness.

     • If goods are damaged in transit, the party that assumes the risk of damaged goods is Seafood City provided that (i) if the damage is apparent at the time of delivery, the damage is identified by the Customer at the time of delivery by the Customer notifying the Delivery Person or (ii) if the damage is not apparent at the time of delivery but after unpacking the delivery, Customer promptly notifies Seafood City.

Intellectual Property. All information, documents, logos, graphics, images, software and other materials provided on this Platform is the intellectual property of Seafood City, and third parties where applicable, (“Content”). All trademarks, service marks, logos, trade names, and trade dresses in or on the Platform, whether registered or unregistered, are proprietary to Seafood City. You may not use, reproduce, or otherwise display any such trademarks, service marks, logos, trade names or trade dresses without the prior written consent of Seafood City or the appropriate owner thereof. There are no implied rights. Except as permitted herein or otherwise agreed in writing, Content on the Services may not be copied, republished, mirrored, or transmitted without the express written permission of Seafood City and/or the applicable third party. Where access is permitted, Seafood City grants you permission to display, copy, download, and distribute for informational purposes the Content provided to you, so long as the appropriate copyright attribution is given to Seafood City and/or applicable third parties. See the contact information below if you have any questions about such access or attribution. This permission terminates automatically if you breach any of the terms of this Terms. Upon termination, you agree to immediately delete or discard any downloaded Content in your possession. Except where expressly allowed herein by Seafood City and/or the applicable third party, nothing on the Services shall be construed to confer any license or sale under any of Seafood City’s or any of third party’s intellectual property rights. Parties utilizing the Services acknowledge sole responsibility for obtaining any such licensure rights through the appropriate channels. Please see the contact information below if you have any questions about obtaining licenses from Seafood City.
Disclaimers. 

THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS,” AND SEAFOOD CITY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES, AND GUARANTEES, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING WITHOUT LIMITATION WITH REGARD TO TIMELINESS, SECURITY, QUALITY, AVAILABILITY, SUITABILITY, ACCURACY, AND COMPLETENESS. THIS DISCLAIMER APPLIES ALSO TO CONTENT, SERVICE, AND CONSUMER PRODUCTS PROVIDED BY OTHER PARTIES.

SEAFOOD CITY RELIES UPON STORES AND CONSUMER PRODUCT LABELS TO PROVIDE ACCURATE DIETARY INFORMATION, ALLERGEN WARNINGS, AND GENERAL PRODUCT SAFETY INFORMATION AND DOES NOT ACTUALLY WARRANT THAT ANY SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RATHER, ALL CONTENT IS ONLY PROVIDED FOR INFORMATIONAL SEAFOOD CITY IS SOLELY AT THE RISK OF PERSONS USING OR OTHERWISE HANDLING THE CONSUMER PRODUCTS.

SEAFOOD CITY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONSUMER PRODUCT, AND SEAFOOD CITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMERS OR THIRD PARTIES.

DELIVERY PERSONS ARE SOLELY RESPONSIBLE FOR MANAGING THEIR OWN VEHICLES, AND TRAVELLING PROPERLY, SAFELY, AND SECURELY.  SEAFOOD CITY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY DELIVERY PERSON, AND SEAFOOD CITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY DELIVERY SERVICE.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL SEAFOOD CITY BE LIABLE TO YOU, ANY PARTY OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, PUNITIVE DAMAGES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER OR NETWORK FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL SEAFOOD CITY’S TOTAL LIABILITY EXCEED THE CUSTOMER’S COST OF THE ORDER AT ISSUE, OR $500, WHICHEVER IS LESS.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY. CUSTOMERS UNDERSTAND THAT BY USING DELIVERY PERSONS, THEIR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT THE CUSTOMER CHOOSES TO USE THE SERVICES AND ENGAGE DELIVERY PERSONS AT THEIR OWN RISK. EACH PARTY EXPRESSLY WAIVES AND RELEASES SEAFOOD CITY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO DELIVERY PERSONS.  SEAFOOD CITY DOES NOT INDEPENDENTLY VERIFY OR ASSESS THE CHARACTER, SKILL, QUALITY, OR SAFETY OF DELIVERY PERSONS NOR DOES SEAFOOD CITY INDEPENDENTLY VERIFY OR ASSESS THE LEGALITY OF THE CONSUMER PRODUCTS PROVIDED BY STORES. SEAFOOD CITY IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF DELIVERY PERSONS.  SEAFOOD CITY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN CUSTOMERS, DELIVERY PERSONS, OR THIRD PARTIES. EACH PARTY ASSUMES RESPONSIBILITY FOR THEIR OWN CONDUCT AND FULLY ASSUMES THE RISK OF THEIR OWN DECISIONS. IF YOU ARE A INDIANA RESIDENT, YOU WAIVE INDIANA CIVIL CODE §1542, WHICH SAYS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Health-Related Issues.

The SEAFOOD CITY website is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through the website are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

Should you have any health care-related questions, please call or see your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of something you have read here.

Legal Compliance. It is each party’s responsibility to use the Services solely for lawful purposes. In this respect a party may not, without limitation (a) intercept or monitor any equipment that is not their own; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, damage, unreasonably delete or disassemble Content, the Platform or the Services ; (c) cause or intend to cause unfair embarrassment or distress to, or to unfairly threaten, harass, or harm anyone. Seafood City operates this Platform from Indiana and makes no representation that the Content is available for use outside the United States of America. If a party accesses this Platform from another location, it is by their own initiative and it is their own responsibility to comply with the laws of their jurisdiction, as well as any applicable import/export laws.

Indemnification. You (‘Responsible Party’) shall defend and indemnify Seafood City and its agents (at Seafood City’ option) against any allegation, claim, lawsuit (“Claim”) made or brought against Seafood City by another party or a third party arising out of the Responsible Party’s use of the Platform or Services, including, without limitation, arising out of violation of this Terms, violation of an intellectual property right, breach of contract, negligence, willful misconduct, or crime. Such indemnity shall cover any damages awarded against Seafood City, and for reasonable attorney’s fees incurred by Seafood City, in connection with any such Claim; provided, that Seafood City promptly gives Responsible Party written notice of the Claim. Where Responsible Party provides defense, Responsible Party shall have the reasonable control of the defense and any settlement of the Claim (provided that Responsible Party may not settle any Claim without Seafood City’ advance written consent). Seafood City reserves the right, at Seafood City’ expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section (without limiting indemnification obligations hereunder) and the Responsible Party agrees to reasonably cooperate with Seafood City’ defense of that claim.

Digital Millenium Copyright Act.In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), which in particular regulates: (1) protections for online service providers in certain situations if their users engage in copyright infringement, including by creating the notice-and-takedown system, which allows copyright owners to inform online service providers about infringing material so it can be taken down; (2)  encouragement to copyright owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access to their works (for example, hacking passwords or circumventing encryption); and (3) makes it unlawful to provide false copyright management information (for example, names of authors and copyright owners, titles of works) or to remove or alter that type of information in certain circumstances.

Thus, if you believe in good faith that materials available on this website violate your copyright, you may contact us at the address listed here requesting that we remove the material or block access to it. For this purpose, you must include the following information:

(1)     Identification of the copyrighted work that you believe to be infringed.
(2)     Identification of the content that you believe to be infringing and its location.
(3)     Your contact information, in particular, your name, address, telephone number, and email address.
(4)     A statement of a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
(5)     A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
(6)     A signature or the electronic equivalent from the copyright holder or authorized representative.

Updates and Amendments. Seafood City may make improvements and/or changes to the Services, and changes to the Content, at any time and without notice. Seafood City may amend this Terms upon 10-days advance written notice, which amendments shall be binding on all parties. If you do not agree with a change, your sole remedy is to cease using the Platform and the Services.

Complete Terms. This Terms, together with any applicable written Terms between parties (i.e., Delivery Person Terms between Seafood City and a Delivery Person), and the Seafood City Privacy Notice, represent the entire Terms and general understanding relating to the use of the Services and supersede prior, contemporaneous, or additional communications. Seafood City’ current statement of fees may be amended from time to time in Seafood City’ discretion.

Legal Contact Information

If you have any questions about this Terms, or if you would like to request permission to use any Content, please contact us:

Seafood City
2883 Surveyor St, Pomona, CA 91768, United States
onlineshop@seafoodcity.com


Term.
This Terms shall take effect when you first use the Platform or when it is electronically accepted by a party, whichever is first.

A party may terminate this Terms at any time for any reason or for no reason upon 3-days advance notice, or immediately if the other party breaches the terms of this Terms. Upon the giving of a termination notice, an account may be immediately suspended. Both parties agree that the opportunities presented by this Terms constitute adequate consideration for such a termination right. Except as otherwise stated herein, neither party shall be responsible to the other for any costs or damages resulting from the termination of this Terms.

The provisions of this Terms that by their nature extend beyond the applicable expiration date or other termination of this Terms will survive and remain in effect until all obligations are satisfied.This Terms shall take effect when you first use the Platform or when it is electronically accepted by a party, whichever is first.

     • Waiver. Failure of Seafood City to enforce a right under this Terms shall not act as a waiver of that right or the ability to later assert that right relative to the situation involved.

     • Validity of Provisions. If any provision of this Terms shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the invalidity or enforceability of this Terms.

     • Force Majeure. No party shall be liable to any other party for any failure or delay in performance of its obligations under this Terms due to any force majeure, labor strike, adverse weather conditions, shortage of materials, pandemic, epidemic, quarantine, war, invasion, acts of a public enemy, governmental preemption in connection with a national emergency, riot, laws, rules, regulations or order of governmental or military authorities, or failure of the Internet.

GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION. And Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Seafood City agree that this Terms of Use affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Terms or any prior Terms (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to this Terms of Use, you agree to resolve any and all disputes with Seafood City as follows

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Seafood City’ support department at onlineshop@seafoodcity.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or these Terms directly through consultation with the Seafood City support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Arbitration Rules and Governing Law
The Federal Arbitration Act (the “FAA”), regulates the interpretation and enforcement of this Arbitration Agreement and preempts all state laws. If the Federal Arbitration is found not applicable to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be governed by the law of your state of residence.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Terms (including the Privacy Notice’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Platform or the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Terms or the Privacy Notice, including but not limited to any claim that all or any part of this Terms or Privacy Notice is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (c) send one copy of the Demand for Arbitration to Seafood City at Attn: Legal; onlineshop@seafoodcity.com.

To the extent, the filing fee for the arbitration exceeds the cost of filing a lawsuit, Seafood City will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Seafood City will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, the arbitration shall be initiated in the State of Indiana, the United States of America and you and Seafood City agree to submit to the personal jurisdiction of any federal or state court in Merrillville, Indiana in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Jury Trial Waiver
By entering into these terms, you agree that, with respect to any claim(s) within the scope of the terms concerning and rising from arbitration terms, you and Seafood City are each waiving the right to a trial by jury.

Class, Collective, and Representative Action Waiver
The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Seafood City AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right To Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Seafood City) written notice of your decision to opt-out to Seafood City ---Attn: Legal; onlineshop@seafoodcity.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Seafood City will not be bound by them.

Changes To This Section: Seafood City will provide thirty (30) days’ notice of any changes to this section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or cessation of use of the Platform or the Services.

ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties’ attorneys’ fees provision a part of any statute under which you may bring a claim.CHOICE OF LAW. The Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of California. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.

Last Updated: September, 2023
iWantTFC
TERMS & CONDITIONS

By purchasing or using a voucher code or electronic gift code for subscription to the iWantTFC service in the United States and Canada (“iWantTFC Service”) through SFC+ App or website (https://sfc.plus) (“SFC+”) (the “Code”), you agree to these terms and conditions (“Code Terms”).

SFC+ offers the Code for sale through SFC+ app and website (https://sfc.plus) to eligible SFC+ members only.

The Code is redeemable for eligible premium plan purchases only on the iWantTFC website at https://www.iwanttfc.com and is not redeemable on or through the iWantTFC app.

You can purchase a Code either for (a) the iWantTFC Monthly Premium Plan subscription which will be valid for viewing content on the iWantTFC Service for a period of one-month from your date of redemption or (b) the iWantTFC Annual Premium Plan subscription which will be valid for viewing content on the iWantTFC Service for a period of one-year from your date of redemption.

To redeem a Code, You must create or have an existing and valid account on https://www.iwanttfc.com. Select “ACCOUNT” to view your account dashboard and click “REDEEM VOUCHER”.

Input the 10-digit alphanumeric code on the Promo Code box, check the tick box of the CAPTCHA box and click APPLY.
The premium subscription plan equivalent to the Code will appear on the Order Summary.

To access the iWantTFC Service, check the tick box for Terms and Conditions and click “REDEEM”.

A Code may only be used/redeemed once and is non-transferrable, non-assignable, and shall only be for personal use. The Code shall not be sold or used commercially.

Redemption of the Code on iWantTFC website, use of, access and subscription to iWantTFC is subject to the iWantTFC Terms and Conditions of Subscription and/or Use and Privacy Notice/Policy of ABS-CBN International (collectively, “iWantTFC Terms”), which apply to any use of the iWantTFC Service.
Codes are non-refundable (whether for cash or otherwise) and cannot be redeemed for cash, except to the extent required by applicable law. Codes cannot be used to purchase other Codes, and cannot be reloaded, resold, or transferred for value. Codes do not expire and are not subject to any transaction or dormancy fees.

Title to the Codes and the risk of loss, destruction or deterioration pass to the purchaser upon purchase. Neither SFC+ nor iWantTFC is responsible for any Codes that are lost, stolen, destroyed or used without your permission. IN THE EVENT THAT A CODE IS NON-FUNCTIONAL, THE SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH CODE.

Please visit these links to access additional information about iWantTFC Terms and Conditions:

For customers in the USA - https://help.iwanttfc.com/support/solutions/articles/61000309579-for-customers-in-the-united-states-of-america

For customers in Canada - https://help.iwanttfc.com/support/solutions/articles/61000309581-for-customers-in-canada

For any questions or disputes regarding the Codes, access and use of the Code, issues with the Services purchased using the Code, or to report the unauthorized use of the Code, please contact us at support@sfc.plus.
LOGO
Terms and Conditions for Sea Shipping Discounts Promotion

1. Overview - This promotional campaign offers 15% discounts on sea shipping rates. By participating, you agree to abide by these terms and conditions.

2. Eligibility - The promotion is valid for new and existing customers and must be at least 18 years old.

3. Promotion Period -  The promotion runs from October 21, 2024 to December 31, 2024.Discounts are only applicable to bookings made during this period.

4. Discount Details - Participants can receive a discount of 15% off standard sea shipping rates.Discounts cannot be combined with any other offers or promotions.

5. How to Participate - To avail of the discount, customers must be a registered user of SFC+ app. During booking, customer must present his/ her SFC+ membership ID to the specific LOGO branch to qualify for the discount. Shipments must comply with all shipping policies.

6. Limitations - The promotion is subject to availability and may be modified or withdrawn at any time without prior notice. Discounts apply only to specific routes originating from the USA to the Philippines.

7. Non-Transferable - Discounts are non-transferable and cannot be sold or exchanged for cash.

8. Shipping Conditions- All shipments must comply with LOGO’s standard shipping policies.Delays or damages during shipping are governed by LOGO’s shipping terms and conditions.

9. Amendments - We reserve the right to amend these terms and conditions at any time. Customers are encouraged to check for updates regularly.

By participating in this promotion, you confirm that you have read and understood these terms and conditions. For more information regarding LOGO’s terms and conditions, you may visit their website at https://us.logocargo.com/home .
MABUHAY MILES
Conversion of Suki Points to Mabuhay Miles
500 SUKI POINTS = 100 MILES

1. Only valid Suki Points account number and Mabuhay Miles account number will be eligible to convert Suki Points to Mabuhay Miles.
2. A minimum of 500 Suki points is required to convert to Mabuhay Miles.
3. Only blocks of 100 Suki Points can be converted to Mabuhay Miles.
4. A maximum of 100,000 Mabuhay Miles can be redeemed per member, per year.
5. Non-flight Miles earned through Program Partners do not add to the qualification of elite-tier status.
6. All Miles shall not be subject to expiration provided that the Member continues to be an engaged frequent flyer member with a fixed, 2 year review period.
7. All Miles earned shall be subject to the Mabuhay Miles Terms and Conditions.
8. All transactions are subject to relevant taxes based on the state where the redemption was made.

Conversion of Mabuhay Miles to Suki Points500 MABUHAY MILES = 100 SUKI POINTS

1. Only valid Mabuhay Miles account number and Suki Points account number will be eligible to convert Mabuhay Miles to Suki Points.
2. A minimum of 500 Mabuhay is required to convert to Suki Points.
3. Only blocks of 100 Mabuhay Miles can be converted to Suki Points.
4. A maximum of 100,000 Mabuhay Miles can be redeemed per member, per year.
5. Non-flight Miles earned through Program Partners do not add to the qualification of elite-tier status.
6. All Miles shall not be subject to expiration provided that the Member continues to be an engaged frequent flyer member with a fixed, 2 year review period.
7. All Miles earned shall be subject to the Mabuhay Miles Terms and Conditions.

For more information on Mabuhay Miles’ terms and conditions, please visit
https://www.philippineairlines.com/en/about-us/terms-and-conditions .
SEAFOOD CITY
Terms of Use
Last Revised: September 2023

Disclaimer
IMPORTANT- THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.THE TERMS AND CONDITIONS OF THESE TERMS OF USE (THE “Terms”) SET FORTH BELOW GOVERN YOUR USE OF THE SEAFOOD CITY WEBSITE AND/OR MOBILE APPLICATIONS (COLLECTIVELY, THE “PLATFORM”) AND E-COMMERCE AND OTHER SERVICES AVAILABLE ON AND THROUGH THE PLATFORM (THE “SERVICES”). THIS TERMS IS A LEGAL CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND SEAFOOD CITY AND GOVERN YOUR ACCESS TO, AND USE OF, THE PLATFORM AND THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS TERMS, DO NOT ACCESS OR OTHERWISE USE THIS PLATFORM OR THE SERVICES, OR ANY INFORMATION ON OR RELATED TO THIS PLATFORM OR THE SERVICES. BY CLICKING THE BOX TO USE THE PLATFORM OR THE SERVICES OR USING THIS PLATFORM OR THE SERVICES, YOU AGREE TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

Overview
Read these Terms of Use carefully and comply with them carefully. By accessing and/or using this website and/or our mobile applications the users agree to be bound by these Terms of Use and all terms incorporated by reference. Please, do not use this website and/or our mobile applications, online services if you do not agree to all of these terms.

This Terms of Use regulates legal transactions between Seafood City, located at 134 S Vermont Ave, Los Angeles, CA 90004, USA, and you.

This Terms of Use governs relationship between Seafood City’s and you. To the extent stated below, this Terms of Use also governs each party’s relationship with other parties with whom those parties transact utilizing the Services, and all such parties remain free to have additional Terms and terms between themselves as they may agree in writing, provided that no such additional terms shall be interpreted to conflict with or supersede this Terms with respect to Seafood City specifically.

Seafood City provides online and mobile technology that connects Customers, Stores, and Delivery Persons. Using the Platform and Services, Customers place purchase orders for grocery products that are available to purchase online on the Platform. Items purchased online are available for pickup or delivery.

If you submit orders through a third-party site or application, such as GrubHub or DoorDash, you may be required to have an account with such third party and may be transferred to such third party’s website or application to complete transactions. Any orders submitted through such third-party sites or applications are solely between you and the applicable third party, not Seafood City. This Terms does not apply to orders placed through a third party’s website or application. If you use a third party’s website or application for an order from one of our stores, you will be subject to the terms and policies posted by that third party and we are not responsible for those terms or policies or acts or omissions of those third parties.

Terms & Conditions
All the users of this website agree that their access to and use of this website are subject to the terms and conditions stated in this Terms of Use and all applicable laws therein, and that any such access or use is assumed at the users’ own risk. These Terms of Use are subject to change at any time without prior notice. Any changes will be reflected in this legal notice.

Parties. All parties to this Terms of Use are independent contractors with respect to one another, such that no party exercises control over any other party or has any liability or responsibility for any other party.

Third-Party Service Providers. Seafood City in partnership with its service providers (“Third-Party Service Providers”) provides information and online methods for Customers to purchase and obtain delivery of products. Third-Party Service Providers do not provide any items for online sales but do provide the necessary infrastructure in order to provide customers of the Services a method to order items available online and provide delivery services.

Customers. Customers utilize the Services to purchase products from Stores and to obtain delivery of such products from Delivery Persons. Customers do not control and have no liability or responsibility for any Store or Delivery Person, or for Seafood City.

Stores. Stores are Seafood City’ stores and/or warehouses that showcase and sell consumer products to Customers via the Platform and Services. Stores fulfill orders for Customers unless specified otherwise. Stores do not themselves provide delivery services unless the Store expressly advises the Customer otherwise. Stores may provide Customers with pick-up options in each Store’s discretion.

Delivery Persons. Delivery Persons utilize Seafood City’ Third-Party Service Providers’ services, to independently select and execute delivery jobs to deliver products that Customers purchase on the Platform in exchange for a fee from the Third- Party Service Provider. Delivery Persons do not themselves provide products. Delivery Persons are independent contractors to Seafood City’ Third-Party Service Providers and are not engaged in any employment or agency relationship with Seafood City, Stores, or Customers.

Mobile Applications. With respect to the mobile versions of the Platform, you will use the Platform and Services (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) or a product that runs on Android; and (ii) as permitted by applicable “Usage Rules” set forth in the Apple App Store Terms of Use or the Google Play Terms of Use. With regard to your use of the iOS version of the Platform and Services, you acknowledge and agree that (i) this Terms is an Terms between you and Seafood City only, and not Apple, and (ii) Seafood City, not Apple, is solely responsible for the Platform and Services and content thereof. Your use of the Platform and Services must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform or the Services. In the event of any failure of the Platform or the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform and Services (if any) to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform or the Services. As between Seafood City and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Seafood City, subject to this Terms. You and Seafood City acknowledge that, as between Seafood City and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Platform or the Services or your possession and use of the Platform or the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform or the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Seafood City acknowledge that, in the event of any third-party claim that the Platform or the Services or your possession and use of the Platform or the Services infringe that third party’s intellectual property rights, as between Seafood City and Apple, Seafood City, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by, and subject to, this Terms. You and Seafood City acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Terms as related to your license of the Platform or the Services, and that, upon your acceptance of the Terms of Use and conditions of this Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms as related to your license of the Platform or the Services against you as a third-party beneficiary thereof.

Site Content & As-Is Disclaimer
‍Unless agreed otherwise in writing by the party providing the product or service, all products and services are provided "as is", and without warranties of any kind.

The Seafood City website and all information, content, materials, products, services and user content included on or otherwise made available to you through the website are provided by

Seafood City on an "as is," "as available" basis, without representations or warranties of any kind. Seafood City makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the site contents, or that the website or emails sent from Seafood City are free of malware or other harmful components. You expressly agree that your use of the Seafood City website is at your sole risk. To the full extent permitted by law, Seafood City disclaims any and all representations and warranties with respect to the website and the site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

Certain providers of products may separately provide limited representations and/or warranties regarding their products. This provision does not apply to such product warranties.

Privacy Policy
‍Pease refer to our Privacy Policy for information on how Seafood City collects, uses and shares information about users of the website.

Eligibility, Registration, Creating an Accounts.
‍The Seafood City website is targeted over the age of 16. By using the Sites, you guarantee that you are 16 years of age or older. You must be 16 years of age or older to access or use, or register for an account on the website. Additionally, you may not make a purchase from our website unless you are at least 18 years of age. You also guarantee that you (1) have not previously been suspended or removed from the Sites; (2) do not have more than one website account; and (3) that you have full power and authority to agree to the Terms and conditions and in doing so will not violate any other Terms to which you are a party of.

You must register for an account and provide information about yourself to use the Services, such as profile and payment information. You are responsible for providing accurate information, for maintaining the confidentiality of their own account and password (including for example any third-party login password such as Google), and for any activities occurring under or through their account. If you have a reasonable belief that your account integrity or privacy has been jeopardized, they must immediately notify the Services through the contact page. You shall not create multiple accounts.

Accuracy of Information. While Seafood City and the Stores endeavor to provide accurate product information, you should know that product information accessed through the Platforms is obtained from information made by product manufacturers and producers; on occasion, they may change their labels or ingredient lists; and actual product packaging and materials may contain more and/or different information than that shown on the Platforms. Accordingly, you should not rely solely on the product information presented on the Platforms, but should always read carefully the labels, warnings, and directions before using or consuming a product and contact the product manufacturer or producer directly for any questions. Seafood City and the Stores do not assume any liability for inaccuracies, misstatements, or omissions related to any product information listed on the Platforms. In addition, even though we make an effort to describe and display our products and services accurately on the Platforms, products on the Platform may be mispriced, described inaccurately, or unavailable and we may experience delays in updating information on the Platforms and in our advertising on the Platforms.

Intellectual Property License. The Services and the Platform are owned by Seafood City, and all rights are reserved to Seafood City. Seafood City grants to each party using the Services a limited, revocable, non-transferable license to use the Services on appropriate and compatible devices that the party owns or controls solely for its personal use. You shall not (1) modify, replicate, distribute, share, or otherwise cause the Platform or the Services to be made available to multiple devices simultaneously, or (2) sell, transfer, redistribute, or sublicense the Services or the Platform.

Service Limitations and Requirements.
‍Customers must be at least eighteen years old to utilize the Services.

Alcohol purchases can only be dropped off with a person aged 21 or older. For alcohol purchases, you represent and warrant that you are age 21 or older. For alcohol purchases, the Delivery Person reserves the right to refuse delivery where the recipient cannot provide proper Identification matching the order and showing legal age. Valid forms of identification must include photo identification, such as a valid driver license; a passport, or (iii) a valid Armed Forces ID card. Delivery Persons may also refuse to deliver alcohol to anyone visibly intoxicated or otherwise presenting an observable danger to themselves or others.

Alcohol and tobacco deliveries may be limited in some markets and locales.

You agree not to modify, create derivative works of, sell, license or in any way exploit Seafood City, the Platform or the Services. You agree not to reproduce, distribute, publish, stream or broadcast any part of the Services without prior written authorization from Seafood City.

The parties agree not to circumvent or attempt to circumvent any security or other features of the Services or the Platform designed to limit access.

The parties agree not to harvest or mine content from the Platform or otherwise access or use the Services inconsistently.

Representations. By using the Platform or the Services, you represent that you are at least eighteen (18) years old; you are in good standing with the Services (i.e., no previous suspensions of service with Seafood City); and you will comply with and all applicable laws and regulations for your jurisdiction; if you are using the Services on behalf of an organization or entity, then you represent that you have authority to agree to this Terms on behalf of that organization or entity. You agree that the information you provide to the Services is accurate and that you will keep it up to date at all relevant times.

Payments. The Services will process your payment information as a Customer to make payments for your orders. You will be prompted to confirm payments before submitting your order finally to Seafood City. Unless otherwise agreed mutually in writing, all payments are non-refundable. There may be a fee or surcharge to the party requesting or utilizing the service, and such fees and surcharges may change over time in Seafood City’s discretion. You are encouraged to check Seafood City’ current statement of fees for up-to-date information before executing new orders.

Customers submitting payment information to the Services authorize Seafood City and its Third-Party Service Providers to process payments for orders according to the payment method specified in the Customer account. New payment methods and certain existing payment methods (i.e., credit card) may incur a temporary pre-authorization hold prior to Seafood City’ verification of the Customer’s account and available credit or balance for the intended purchase. Upon completion or cancellation of the Customer’s order, the pre-authorization hold is lifted within approximately 2-4 business days, depending on the Customer’s account holder.

Refunds. Refunds, credits, and order changes are processed by the Services on a case-by-case basis in the discretion of Seafood City.   Seafood City‘ policy is to diligently and with good faith assist Customers in processing these requests. This refund policy always applies regardless of any disruptions or downtime in the Services for any reason whatsoever.

Returning Items To A Store. Stores and Delivery Persons give the original receipt to the Customer. Delivery Persons are not obligated to return items to a Store for a Customer; however, Delivery Persons are free to independently agree to do so for a Customer subject to the Delivery Person’s Terms with the Third-Party Service Provider.

Order Changes. Customers acknowledge that after placing an order through Seafood City, the order may be processed quickly by a Store and Delivery Person. Once an order is in process, it may not be changed without the consent of the Store and Delivery Person where applicable.

Surcharge. Canceled orders may incur a surcharge. Customers are encouraged to check Seafood City’ current statement of fees and cancellation policies.

‍Store Pricing. Stores are required to provide up-to-date and accurate pricing to Customers through the Platform. If the product has already been purchased and delivered to the Customer (or is in the process of delivery by the Delivery Person), then the Store agrees to abide by the pricing then published on the Platform.

‍Store Inventory and Offers. The Services monitor inventory data to ensure its accuracy before uploading to the Platform and after uploading while it is being showcased to Customers but some items may still be unavailable even if the Services indicate the item is available. Seafood City may change or terminate any of the services, programs, promotions, and/or other offers, deals, coupons, and/or specials (collectively, "Offerings") described or offered through the Platform at any time without notice to you. Not all products are available at all of our stores or for online ordering or at all times. Some or all of the Offerings or products may not be available in your location (or your delivery or preferred pickup location). You shall not misuse or reproduce Offerings, such as by creating multiple accounts to use the same Offering.

‍Customer Specifications. When purchasing a product, Customers have the option to make comments & specifications (i.e., “large ripe tomatoes please”) and also replacement options (i.e., ‘If no organic free-trade shade-grown bird-friendly coffee, then regular organic coffee’). Stores and Delivery Persons will use reasonable efforts to read and attempt to fulfill Customer comments and specifications, but Seafood City makes no guarantees regarding the fulfillment of such comments and specifications. Customers agree to be reasonable with Delivery Persons and Stores in all parties’ requests. Please note that any request is subject to availability.

‍Communications. Seafood City may provide your contact information to a particular Store or Delivery Person solely for the purposes of communication regarding a transaction or order. The Store and/or Delivery Person is responsible for maintaining the privacy of your contact information, including but not limited to refraining from selling the contact information or using it for future promotional purposes.

By agreeing to this Terms, you agree that all communications from us relating to your use of or access to the Platform may be provided or made available to you electronically by email, “in-Platform” messaging or by posting a communication on the Platform or via text or phone as set forth below. Your consent to receive communications and do business electronically, and our Terms to do so, applies to all your interactions and transactions with us and our agents concerning your Platform usage and access.

For purposes of the Services operations or a specific transaction, you agree to receive text messages and phone calls at the phone number provided to the Services, and also emails to the email address provided to the Services, and also written correspondence to the address provided to the Services. Such communications may be sent by Seafood City and its Third-Party Service Providers and Delivery Persons. You will not be able to use the Services without agreeing to receive such communications.

For purposes of promotional communications, you may opt-out of promotional communications from Seafood City at any time. Otherwise, you may receive text messages, emails, or written communications to the contact information provided.

For text messages, you can limit your receipt of push notifications by adjusting the settings of your mobile device. We may send four or fewer text messages per month unless otherwise noted at the time of opt-in. You may opt-out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply.

For email messages, we may send ten or fewer email messages per month. You may opt-out of email messages at any time by following the instructions in the email.

     • Off-Platform Links. The Services may contain links to third-party websites and services, such as recipe providers, DoorDash or GrubHub or other delivery partners. Seafood City is not responsible for and does not specifically endorse or accept any responsibility for the contents or use of these third-party websites. Seafood City provides these links as a convenience only, and the inclusion of any link does not imply endorsement by Seafood City. It is each party’s responsibility to take precautions to ensure that whatever they select for their own use is suitable for their own needs and free of viruses or other harmful items.

Delivery Fees. The Customer acknowledges that delivery fees will apply as will be displayed in your account and checkout.

Tips. Customers are free and encouraged to give monetary tips to Delivery Persons. Such tips are solely the income of the Delivery Person and are not received or accounted in any manner by the Services or Stores.

‍User Submissions. Except where expressly provided otherwise by Seafood City, all comments, feedback, information or content submitted to the Services through or in association with the Services (“Submissions”) shall be considered non-confidential, and Seafood City shall be free to use such Submissions on an unrestricted basis or as provided by an Terms with Seafood City.

Each party making Submissions grants Seafood City a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use the Submissions for any reasonable purpose.

Nonpayment. If payment for purchases on a Customer’s account is delinquent, your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If you have questions regarding an outstanding balance on your account, please contact us.

Delivery.

     • The Customer is responsible for providing the Delivery Person with access to the Customer’s designated delivery location. Delivery Persons are entitled to rely upon their reasonable interpretation of the description of the Customer’s delivery location.

     • If a Customer requires delivery to a person at a location, then the Delivery Person may only drop off the goods with a person at Customer’s designated location. If a person is not present at the designated delivery location when the Delivery Person arrives to complete the delivery, then the Delivery Person may either (1) attempt to contact the Customer to schedule delivery at a later time, or (2) return the order to the Store so that Customer can pick up at Customer’s earliest opportunity within a reasonable time – and in either case, Seafood City reserves the right to charge the Customer the full amount of the Order, along with a redelivery surcharge.

     • If a Customer allows drop-off to an unmanned location, then the Delivery Person may drop off the goods at the Customer’s designated location. Delivery Person may take a photo of the dropped off order and upload to the Services for Customer’s convenience as proof of delivery.

     • Seafood City will use reasonable efforts to have deliveries made by the dates and times indicated in the Services for a particular order. Otherwise, delivery times are governed by general standards of reasonableness.

     • If goods are damaged in transit, the party that assumes the risk of damaged goods is Seafood City provided that (i) if the damage is apparent at the time of delivery, the damage is identified by the Customer at the time of delivery by the Customer notifying the Delivery Person or (ii) if the damage is not apparent at the time of delivery but after unpacking the delivery, Customer promptly notifies Seafood City.

Intellectual Property. All information, documents, logos, graphics, images, software and other materials provided on this Platform is the intellectual property of Seafood City, and third parties where applicable, (“Content”). All trademarks, service marks, logos, trade names, and trade dresses in or on the Platform, whether registered or unregistered, are proprietary to Seafood City. You may not use, reproduce, or otherwise display any such trademarks, service marks, logos, trade names or trade dresses without the prior written consent of Seafood City or the appropriate owner thereof. There are no implied rights. Except as permitted herein or otherwise agreed in writing, Content on the Services may not be copied, republished, mirrored, or transmitted without the express written permission of Seafood City and/or the applicable third party. Where access is permitted, Seafood City grants you permission to display, copy, download, and distribute for informational purposes the Content provided to you, so long as the appropriate copyright attribution is given to Seafood City and/or applicable third parties. See the contact information below if you have any questions about such access or attribution. This permission terminates automatically if you breach any of the terms of this Terms. Upon termination, you agree to immediately delete or discard any downloaded Content in your possession. Except where expressly allowed herein by Seafood City and/or the applicable third party, nothing on the Services shall be construed to confer any license or sale under any of Seafood City’s or any of third party’s intellectual property rights. Parties utilizing the Services acknowledge sole responsibility for obtaining any such licensure rights through the appropriate channels. Please see the contact information below if you have any questions about obtaining licenses from Seafood City.
Disclaimers. 

THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS,” AND SEAFOOD CITY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES, AND GUARANTEES, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING WITHOUT LIMITATION WITH REGARD TO TIMELINESS, SECURITY, QUALITY, AVAILABILITY, SUITABILITY, ACCURACY, AND COMPLETENESS. THIS DISCLAIMER APPLIES ALSO TO CONTENT, SERVICE, AND CONSUMER PRODUCTS PROVIDED BY OTHER PARTIES.

SEAFOOD CITY RELIES UPON STORES AND CONSUMER PRODUCT LABELS TO PROVIDE ACCURATE DIETARY INFORMATION, ALLERGEN WARNINGS, AND GENERAL PRODUCT SAFETY INFORMATION AND DOES NOT ACTUALLY WARRANT THAT ANY SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. RATHER, ALL CONTENT IS ONLY PROVIDED FOR INFORMATIONAL SEAFOOD CITY IS SOLELY AT THE RISK OF PERSONS USING OR OTHERWISE HANDLING THE CONSUMER PRODUCTS.

SEAFOOD CITY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONSUMER PRODUCT, AND SEAFOOD CITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMERS OR THIRD PARTIES.

DELIVERY PERSONS ARE SOLELY RESPONSIBLE FOR MANAGING THEIR OWN VEHICLES, AND TRAVELLING PROPERLY, SAFELY, AND SECURELY.  SEAFOOD CITY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY DELIVERY PERSON, AND SEAFOOD CITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY DELIVERY SERVICE.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL SEAFOOD CITY BE LIABLE TO YOU, ANY PARTY OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, PUNITIVE DAMAGES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER OR NETWORK FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL SEAFOOD CITY’S TOTAL LIABILITY EXCEED THE CUSTOMER’S COST OF THE ORDER AT ISSUE, OR $500, WHICHEVER IS LESS.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY. CUSTOMERS UNDERSTAND THAT BY USING DELIVERY PERSONS, THEIR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT THE CUSTOMER CHOOSES TO USE THE SERVICES AND ENGAGE DELIVERY PERSONS AT THEIR OWN RISK. EACH PARTY EXPRESSLY WAIVES AND RELEASES SEAFOOD CITY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO DELIVERY PERSONS.  SEAFOOD CITY DOES NOT INDEPENDENTLY VERIFY OR ASSESS THE CHARACTER, SKILL, QUALITY, OR SAFETY OF DELIVERY PERSONS NOR DOES SEAFOOD CITY INDEPENDENTLY VERIFY OR ASSESS THE LEGALITY OF THE CONSUMER PRODUCTS PROVIDED BY STORES. SEAFOOD CITY IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF DELIVERY PERSONS.  SEAFOOD CITY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN CUSTOMERS, DELIVERY PERSONS, OR THIRD PARTIES. EACH PARTY ASSUMES RESPONSIBILITY FOR THEIR OWN CONDUCT AND FULLY ASSUMES THE RISK OF THEIR OWN DECISIONS. IF YOU ARE A INDIANA RESIDENT, YOU WAIVE INDIANA CIVIL CODE §1542, WHICH SAYS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Health-Related Issues.

The SEAFOOD CITY website is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through the website are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

Should you have any health care-related questions, please call or see your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of something you have read here.

Legal Compliance. It is each party’s responsibility to use the Services solely for lawful purposes. In this respect a party may not, without limitation (a) intercept or monitor any equipment that is not their own; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, damage, unreasonably delete or disassemble Content, the Platform or the Services ; (c) cause or intend to cause unfair embarrassment or distress to, or to unfairly threaten, harass, or harm anyone. Seafood City operates this Platform from Indiana and makes no representation that the Content is available for use outside the United States of America. If a party accesses this Platform from another location, it is by their own initiative and it is their own responsibility to comply with the laws of their jurisdiction, as well as any applicable import/export laws.

Indemnification. You (‘Responsible Party’) shall defend and indemnify Seafood City and its agents (at Seafood City’ option) against any allegation, claim, lawsuit (“Claim”) made or brought against Seafood City by another party or a third party arising out of the Responsible Party’s use of the Platform or Services, including, without limitation, arising out of violation of this Terms, violation of an intellectual property right, breach of contract, negligence, willful misconduct, or crime. Such indemnity shall cover any damages awarded against Seafood City, and for reasonable attorney’s fees incurred by Seafood City, in connection with any such Claim; provided, that Seafood City promptly gives Responsible Party written notice of the Claim. Where Responsible Party provides defense, Responsible Party shall have the reasonable control of the defense and any settlement of the Claim (provided that Responsible Party may not settle any Claim without Seafood City’ advance written consent). Seafood City reserves the right, at Seafood City’ expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section (without limiting indemnification obligations hereunder) and the Responsible Party agrees to reasonably cooperate with Seafood City’ defense of that claim.

Digital Millenium Copyright Act.In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), which in particular regulates: (1) protections for online service providers in certain situations if their users engage in copyright infringement, including by creating the notice-and-takedown system, which allows copyright owners to inform online service providers about infringing material so it can be taken down; (2)  encouragement to copyright owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access to their works (for example, hacking passwords or circumventing encryption); and (3) makes it unlawful to provide false copyright management information (for example, names of authors and copyright owners, titles of works) or to remove or alter that type of information in certain circumstances.

Thus, if you believe in good faith that materials available on this website violate your copyright, you may contact us at the address listed here requesting that we remove the material or block access to it. For this purpose, you must include the following information:

(1)     Identification of the copyrighted work that you believe to be infringed.
(2)     Identification of the content that you believe to be infringing and its location.
(3)     Your contact information, in particular, your name, address, telephone number, and email address.
(4)     A statement of a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
(5)     A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
(6)     A signature or the electronic equivalent from the copyright holder or authorized representative.

Updates and Amendments. Seafood City may make improvements and/or changes to the Services, and changes to the Content, at any time and without notice. Seafood City may amend this Terms upon 10-days advance written notice, which amendments shall be binding on all parties. If you do not agree with a change, your sole remedy is to cease using the Platform and the Services.

Complete Terms. This Terms, together with any applicable written Terms between parties (i.e., Delivery Person Terms between Seafood City and a Delivery Person), and the Seafood City Privacy Notice, represent the entire Terms and general understanding relating to the use of the Services and supersede prior, contemporaneous, or additional communications. Seafood City’ current statement of fees may be amended from time to time in Seafood City’ discretion.

Legal Contact Information

If you have any questions about this Terms, or if you would like to request permission to use any Content, please contact us:

Seafood City
2883 Surveyor St, Pomona, CA 91768, United States
onlineshop@seafoodcity.com


Term.
This Terms shall take effect when you first use the Platform or when it is electronically accepted by a party, whichever is first.

A party may terminate this Terms at any time for any reason or for no reason upon 3-days advance notice, or immediately if the other party breaches the terms of this Terms. Upon the giving of a termination notice, an account may be immediately suspended. Both parties agree that the opportunities presented by this Terms constitute adequate consideration for such a termination right. Except as otherwise stated herein, neither party shall be responsible to the other for any costs or damages resulting from the termination of this Terms.

The provisions of this Terms that by their nature extend beyond the applicable expiration date or other termination of this Terms will survive and remain in effect until all obligations are satisfied.This Terms shall take effect when you first use the Platform or when it is electronically accepted by a party, whichever is first.

     • Waiver. Failure of Seafood City to enforce a right under this Terms shall not act as a waiver of that right or the ability to later assert that right relative to the situation involved.

     • Validity of Provisions. If any provision of this Terms shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the invalidity or enforceability of this Terms.

     • Force Majeure. No party shall be liable to any other party for any failure or delay in performance of its obligations under this Terms due to any force majeure, labor strike, adverse weather conditions, shortage of materials, pandemic, epidemic, quarantine, war, invasion, acts of a public enemy, governmental preemption in connection with a national emergency, riot, laws, rules, regulations or order of governmental or military authorities, or failure of the Internet.

GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION. And Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Seafood City agree that this Terms of Use affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Terms or any prior Terms (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to this Terms of Use, you agree to resolve any and all disputes with Seafood City as follows

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Seafood City’ support department at onlineshop@seafoodcity.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or these Terms directly through consultation with the Seafood City support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Arbitration Rules and Governing Law
The Federal Arbitration Act (the “FAA”), regulates the interpretation and enforcement of this Arbitration Agreement and preempts all state laws. If the Federal Arbitration is found not applicable to any issue that arises from or relates to this Arbitration Agreement, then that issue shall be governed by the law of your state of residence.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Terms (including the Privacy Notice’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Platform or the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Terms or the Privacy Notice, including but not limited to any claim that all or any part of this Terms or Privacy Notice is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (c) send one copy of the Demand for Arbitration to Seafood City at Attn: Legal; onlineshop@seafoodcity.com.

To the extent, the filing fee for the arbitration exceeds the cost of filing a lawsuit, Seafood City will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Seafood City will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, the arbitration shall be initiated in the State of Indiana, the United States of America and you and Seafood City agree to submit to the personal jurisdiction of any federal or state court in Merrillville, Indiana in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Jury Trial Waiver
By entering into these terms, you agree that, with respect to any claim(s) within the scope of the terms concerning and rising from arbitration terms, you and Seafood City are each waiving the right to a trial by jury.

Class, Collective, and Representative Action Waiver
The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Seafood City AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right To Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Seafood City) written notice of your decision to opt-out to Seafood City ---Attn: Legal; onlineshop@seafoodcity.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Seafood City will not be bound by them.

Changes To This Section: Seafood City will provide thirty (30) days’ notice of any changes to this section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or cessation of use of the Platform or the Services.

ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties’ attorneys’ fees provision a part of any statute under which you may bring a claim.CHOICE OF LAW. The Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of California. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.

Last Updated: September, 2023
SM GIFT PASS CHOICE
1. The SMGP Choice (code) should be redeemed for a single-receipt transaction, one-time use only and with NO expiration.

2. Partial redemption is not allowed. If the total value of the SMGP Choice (code) is not used up, there will be no change applicable. If the total value of purchase goes beyond the applicable SMGP Choice (code) amount, the user will shoulder and pay the difference through any other payment modes accepted by the partner merchant.

3. The recipient or the end user accepts full responsibility for the safekeeping of the SMGP Choice (code) as the Merchant cannot replace it once lost or stolen. It cannot be cancelled once processed/received.

4. The SMGP Choice (code) is transferrable, but non-refundable, non-exchangeable, cannot be converted to barcodes, QR codes or cash.

5. This should only be presented to any branch of SM Retail Affiliates cashier in the point-of-sale (POS) as payment tender.

6. Code is valid immediately after receiving it. No need for code activation and can be used anytime.

7. It can be redeemed only in participating SM Retail Affiliates.

8. Partner merchant policies on acceptance of SMGP Choice (code) shall apply.

9. SFC+ Inc. SM Retail, Inc. and Pluxee shall not be liable for any lost / stolen / expired SMGP Choice (code).

10. For code related concerns such as non-acceptance, invalid codes and resending of codes, SFC+ Inc. shall inform the following


a. Coordination – SFC+ SUPPORT (Weekdays only) – support@sfc.plus
b. Handling – Pluxee’s Customer Service email (anytime) - support@care.pluxee.ph or
Hotline – (+632) 86894-700
c. Issue/s Resolution Lead Time: 1-5 days upon receipt of concern:

Email Template for to be sent:
Full Name:
Contact Number:
Email Address:
Product (Mark X which applies): SMGP Choice in [ ] SMS [ ] Email
Merchant Name:
Merchant Address:
Merchant Contact Person:
Merchant Contact Person Designation:
Date and time of failed transaction:
Reason for non-acceptance:

CUSTOMER PROCESS FLOW AT SM RETAIL AFFILIATES

1. SM Retail Affiliates Counter shall accept all digital code presented by SFC+ Inc. customer for
the redemption of codes.

2. SFC+ Inc. customer shall:
a. Proceed to the participating SM Retail Affiliates
b. Choose the preferred item
c. Present the digital code at the cashier for payment processing.

3. SFC+ Inc. customers will pay the excess amount of the item, if there’s any.
SMDC
Terms and Conditions for Lead Generation via SFC+ App for SM Development Corporation

1. Overview - These terms and conditions govern the lead generation services provided by SFC+ to SM Development Corporation. By using the app, users agree to these terms.

2. Eligibility - Users must be at least 18 years old to participate in lead generation activities.
Participation is open to all registered users of the SFC+ app.

3. Purpose - The purpose of this collaboration is to facilitate lead generation for SMDC’s real estate projects via the SFC+ app.

4. User Information - Users may be required to provide personal information to participate, including name, email address and mobile number. All user information will be handled in accordance with applicable privacy laws and the privacy policy of both SMDC and SFC+.

5. Use of Leads - Leads generated through the SFC+ app will be used by SMDC and Gamboa Real Estate Team, the accredited US-licensed real estate firm working for SMDC and SFC+, for marketing and promotional purposes related to their real estate offerings. Users who provide their information may be contacted by Gamboa Real Estate Team and/ or SMDC representatives for follow-up.

6. Opt-In Consent - By submitting information, users consent to receive communications from SFC+, SMDC and Gamboa Real Estate Team regarding their projects, promotions, and updates. Users may opt out of communications at any time by following the unsubscribe instructions included in the emails or contacting SFC+ directly.

7. No Guarantees – SFC+ and SMDC does not guarantee any specific outcomes or benefits from participation in lead generation activities. Users acknowledge that participation in lead generation does not constitute an obligation or commitment to purchase any product or service.

8. Amendments - SFC+ and SMDC reserve the right to amend these terms and conditions at any time. Users will be notified of significant changes via the app or through direct communication.

9. Governing Law - These terms and conditions are governed by the laws of the USA. Any disputes will be resolved in accordance with those laws.

By participating in lead generation activities via the SFC+ app, you confirm that you have read and understood these terms and conditions.
Jollibee
Terms and Conditions to customers pertaining to the ePVs

List of Terms of Use
The redemption of all ePVs shall be subject to the following Terms of Use:

• Voucher code must be presented to the cashier for validation
• Valid for single use only
• Valid only until before the expiration date
• Valid only for dine-in or take-out
• Not exchangeable for cash, credit, or other products
• Not subject to replacement or refund in case of loss
• Can be redeemed only in the participating stores
• Cannot be used in conjunction with ongoing promos and/or discounts
• Cannot be used in conjunction with any currently available rewards program
• Redemption is subject to the availability of the corresponding product
• Redemption is subject to validation
• Redemption is subject to availability or proper functioning of the validation system
• Company reserves the right to reject invalid vouchers
• Company reserves the right to refuse, investigate, and act against fraudulent or suspicious redemption
• Company reserves the right to request additional information for verification during redemption
• Customers needing Sales Invoices should submit a request to support@sfc.plus
• Complaints concerning redemption shall be directed to gcx@jfcgrp.com
• Terms of Use are subject to change upon reasonable notice

DATA PRIVACY STATEMENT
Notice: During the redemption, Jollibee stores will get bCODE only and will NOT collect any information from customers. Protect your personal information.


Steps on how to redeem in store

HOW TO REDEEM
1. The recipient will receive the 10-digit bCode via email or a screenshot from their loved ones.
2. Visit any participating branch of your choice and present the bCode to the cashier for redemption.
3. Once the cashier validates the code, the Jollibee products will be released to the recipient.

Jollibee stores where the redemptions of Electronic Product Vouchers are NOT ACCEPTED

The EPVs shall NOT be redeemable in the following stores:

The following stores are affected and will be unable to process bCode redemptions until further notice:
Store Code
Store Name
JB0363
Visayas Ave
JB3619
Shell Balintawak
JB3092
BGC Triangle
JB0124
Katipunan
JB0318
Maysilo
JB0443
TS Visayas
JB0494
Taguig Bayan
JB0925
Taft Quirino
JB3512
Baras
JB0246
Uni Oil Paranaque
JB0237
MCU EDSA
JB3340
Northbay Boulevard
JB0955
Antipolo Capitol
JB0298
Malinta (Mc Arthur)
JB0602
Sucat Road
JB0060
Zapote
JB0174
Sta. Mesa
JB0675
Roxas Strip
JB0945
Paranaque City Hall
JB1115
Commonwealth Mindanao
JB3182
General Santos
JB3082
Legarda Bustillos
JB0528
SM Bicutan Main
JB1172
New SM Southmall
JB0913
Kaytikling
JB0243
Binangonan
JB1001
Teresa
JB3200
MANILA EAST RD RIMR
JB0791
SM Taytay
JB0844
Daraga
JB0256
Lipa Uptown
JB0714
SM Lipa
JB1174
Session Mabini
JB0854
Baguio Legarda
JB0545
La Trinidad
JB0212
Malolos Crossing
JB1134
Guiguinto Highway
JB0891
Baguio Harrison
JB3549
Jollibee San Ildefonso Highway
JB0841
SM Baliuag
JB0565
SM Marilao
JB3289
Tuguegarao Buntun
JB3263
SM Tuguegarao Luna
JB0623
Naga Panganiban
JB3308
Goa
JB0126
Naga
JB1110
Pili
JB0383
Molino
JB1022
Molino Blvd.
JB0332
Niog
JB1021
Gen Trias Highway
JB1073
Santiago Highway
JB0953
Canlubang
JB0336
Siniloan
JB0618
Cabuyao
JB0130
Los Banos
JB0255
GMA Cavite
JB3461
SM Bacoor L1
JB0595
SM Dasma 1
JB3045
Rizal Roxas
JB3183
Bauang
JB1104
Walter Mart Cabuyao
JB0923
SM Calamba
JB0646
Laoag Bacarra
JB0344
Solano
JB0894
Calapan 2
JB1135
Pinamalayan
JB3409
Bayombong
JB0857
Marquee Mall
JB3171
Mexico Bayan
JB3217
Binalonan
JB0708
Malasiqui
JB0502
Carmen
JB0153
Lucena 1
JB3121
Atimonan
JB0940
Lucena HW
JB0297
SM Lucena
JB0818
Subic Town
JB0669
SM Sta. Rosa
JB3208
Tumauini
JB0213
Malolos Bayan
JB0873
LCC Polangui
JB0564
SM Baguio City
JB0581
SM Baguio Supermarket
JB1034
Malhacan
JB3002
Tuguegarao Bonifacio
JB0215
Tuguegarao Citimall
JB0859
SM Naga
JB0836
Bacao
JB1118
New Cavite City
JB0885
SM Rosario
JB0172
Laoag Centro
JB0610
Cauayan
JB1088
Alicia
JB0305
La Union 2
JB0483
Banlic
JB0736
Paciano Rizal
JB0382
San Jose
JB0633
Cabanatuan Mega Shell
JB1017
Sta Rosa
JB1087
Muñoz
JB0648
Waltermart Gapan
JB0942
Bambang Nueva Vizcaya
JB0139
Dolores Junction
JB0232
Urdaneta
JB1066
Dagupan Perez
JB0939
Royal Mall Bayambang
JB3467
SM Center Dagupan
JB0296
LGCT
JB0364
Gumaca
JB3087
CM Tiaong
JB3498
SM Olongapo Central
JB0903
SM Tarlac
Jollibee customer support number and email address (For PH)

If you have concerns or feedback on the products redeemed directly from Jollibee, please contact us through: gcx@jfcgrp.com

By sending your feedback and information to feedback@jfc.com.ph, you agree to our Privacy Notice

Escalation process for customer concerns

For voiding/untagging of ePVs due to redemption error, send an email to gcx@jfcgrp.com

About Jollibee
Jollibee is the largest fast food chain brand in the Philippines, operating a network of more than 1,500 stores in 17 countries. A dominant market leader in the Philippines, Jollibee enjoys the lion’s share of the local market that is more than all the other multinational fast food brands in PH combined. With a strict adherence to the highest standards of food quality, service and cleanliness, Jollibee serves great-tasting, high-quality and affordable food products to include its superior-tasting Chickenjoy, mouth-watering Yumburger, and deliciously satisfying Jolly Spaghetti among other delicious products.Jollibee has embarked on an aggressive international expansion plan, with more than 270 international branches in the United States, Canada, Hong Kong, Macau, Brunei, Vietnam, Singapore, Malaysia, Saudi Arabia, United Arab Emirates, Qatar, Oman, Kuwait, Bahrain, Italy, Spain, and in the United Kingdom.


Digital gift vouchers are redeemable only at participating branches/stores in the Philippines. Prior to any request for a refund, please allow us 24 to 48 hours to complete our validation and customer recovery process with Jollibee.
Red Ribbon
Terms and Conditions to customers pertaining to the ePVs

List of Terms of Use
The redemption of all ePVs shall be subject to the following Terms of Use:

• Voucher code must be presented to the cashier for validation
• Valid for single use only
• Valid only until before the expiration date
• Valid only for dine-in or take-out
• Not exchangeable for cash, credit, or other products
• Not subject to replacement or refund in case of loss
• Can be redeemed only in the participating stores
• Cannot be used in conjunction with ongoing promos and/or discounts
• Cannot be used in conjunction with any currently available rewards program
• Redemption is subject to the availability of the corresponding product
• Redemption is subject to validation
• Redemption is subject to availability or proper functioning of the validation system
• Company reserves the right to reject invalid vouchers
• Company reserves the right to refuse, investigate, and act against fraudulent or suspicious redemption
• Company reserves the right to request additional information for verification during redemption
• Customers needing Sales Invoices should submit a request to support@sfc.plus
• Complaints concerning redemption shall be directed to gcx@jfcgrp.com
• Terms of Use are subject to change upon reasonable notice

DATA PRIVACY STATEMENT
Notice: During the redemption, Jollibee stores will get bCODE only and will NOT collect any information from customers. Protect your personal information.


Steps on how to redeem in store

HOW TO REDEEM
1. The recipient will receive the 10-digit bCode via email or a screenshot from their loved ones.
2. Visit any participating branch of your choice and present the bCode to the cashier for redemption.
3. Once the cashier validates the code, the Jollibee products will be released to the recipient.

Jollibee stores where the redemptions of Electronic Product Vouchers are NOT ACCEPTED

The EPVs shall NOT be redeemable in the following stores:

The following stores are affected and will be unable to process bCode redemptions until further notice:
Store Code
Store Name
JB0363
Visayas Ave
JB3619
Shell Balintawak
JB3092
BGC Triangle
JB0124
Katipunan
JB0318
Maysilo
JB0443
TS Visayas
JB0494
Taguig Bayan
JB0925
Taft Quirino
JB3512
Baras
JB0246
Uni Oil Paranaque
JB0237
MCU EDSA
JB3340
Northbay Boulevard
JB0955
Antipolo Capitol
JB0298
Malinta (Mc Arthur)
JB0602
Sucat Road
JB0060
Zapote
JB0174
Sta. Mesa
JB0675
Roxas Strip
JB0945
Paranaque City Hall
JB1115
Commonwealth Mindanao
JB3182
General Santos
JB3082
Legarda Bustillos
JB0528
SM Bicutan Main
JB1172
New SM Southmall
JB0913
Kaytikling
JB0243
Binangonan
JB1001
Teresa
JB3200
MANILA EAST RD RIMR
JB0791
SM Taytay
JB0844
Daraga
JB0256
Lipa Uptown
JB0714
SM Lipa
JB1174
Session Mabini
JB0854
Baguio Legarda
JB0545
La Trinidad
JB0212
Malolos Crossing
JB1134
Guiguinto Highway
JB0891
Baguio Harrison
JB3549
Jollibee San Ildefonso Highway
JB0841
SM Baliuag
JB0565
SM Marilao
JB3289
Tuguegarao Buntun
JB3263
SM Tuguegarao Luna
JB0623
Naga Panganiban
JB3308
Goa
JB0126
Naga
JB1110
Pili
JB0383
Molino
JB1022
Molino Blvd.
JB0332
Niog
JB1021
Gen Trias Highway
JB1073
Santiago Highway
JB0953
Canlubang
JB0336
Siniloan
JB0618
Cabuyao
JB0130
Los Banos
JB0255
GMA Cavite
JB3461
SM Bacoor L1
JB0595
SM Dasma 1
JB3045
Rizal Roxas
JB3183
Bauang
JB1104
Walter Mart Cabuyao
JB0923
SM Calamba
JB0646
Laoag Bacarra
JB0344
Solano
JB0894
Calapan 2
JB1135
Pinamalayan
JB3409
Bayombong
JB0857
Marquee Mall
JB3171
Mexico Bayan
JB3217
Binalonan
JB0708
Malasiqui
JB0502
Carmen
JB0153
Lucena 1
JB3121
Atimonan
JB0940
Lucena HW
JB0297
SM Lucena
JB0818
Subic Town
JB0669
SM Sta. Rosa
JB3208
Tumauini
JB0213
Malolos Bayan
JB0873
LCC Polangui
JB0564
SM Baguio City
JB0581
SM Baguio Supermarket
JB1034
Malhacan
JB3002
Tuguegarao Bonifacio
JB0215
Tuguegarao Citimall
JB0859
SM Naga
JB0836
Bacao
JB1118
New Cavite City
JB0885
SM Rosario
JB0172
Laoag Centro
JB0610
Cauayan
JB1088
Alicia
JB0305
La Union 2
JB0483
Banlic
JB0736
Paciano Rizal
JB0382
San Jose
JB0633
Cabanatuan Mega Shell
JB1017
Sta Rosa
JB1087
Muñoz
JB0648
Waltermart Gapan
JB0942
Bambang Nueva Vizcaya
JB0139
Dolores Junction
JB0232
Urdaneta
JB1066
Dagupan Perez
JB0939
Royal Mall Bayambang
JB3467
SM Center Dagupan
JB0296
LGCT
JB0364
Gumaca
JB3087
CM Tiaong
JB3498
SM Olongapo Central
JB0903
SM Tarlac
Jollibee customer support number and email address (For PH)

If you have concerns or feedback on the products redeemed directly from Jollibee, please contact us through: gcx@jfcgrp.com

By sending your feedback and information to feedback@jfc.com.ph, you agree to our Privacy Notice

Escalation process for customer concerns

For voiding/untagging of ePVs due to redemption error, send an email to gcx@jfcgrp.com

About Jollibee
Jollibee is the largest fast food chain brand in the Philippines, operating a network of more than 1,500 stores in 17 countries. A dominant market leader in the Philippines, Jollibee enjoys the lion’s share of the local market that is more than all the other multinational fast food brands in PH combined. With a strict adherence to the highest standards of food quality, service and cleanliness, Jollibee serves great-tasting, high-quality and affordable food products to include its superior-tasting Chickenjoy, mouth-watering Yumburger, and deliciously satisfying Jolly Spaghetti among other delicious products.Jollibee has embarked on an aggressive international expansion plan, with more than 270 international branches in the United States, Canada, Hong Kong, Macau, Brunei, Vietnam, Singapore, Malaysia, Saudi Arabia, United Arab Emirates, Qatar, Oman, Kuwait, Bahrain, Italy, Spain, and in the United Kingdom.
Ideal Vision

Guidelines for
E-Gift Certificates


How to Claim:
• Once the order and payment have been successfully approved, IDEAL vision center digital gift certificates will be delivered to the recipient via email through SFC+.
• Recipient will need to show the email to any staff of ideal vision center store prior to purchasing.
• Recipient can choose the items or services they want to avail.
• Once the recipient availed the items or services, they can use the e-GC as payment.
• The staff will validate the e-GC and inform recipient if the e-GC are valid or not.
• If the total purchase does not exceed the e-GC value, there will be no cash change.If the purchase exceeds the e-GC value, the recipient is required to pay the difference.
• Multiple e-GC may be used for payment. Each e-GC may is valid for one time use only.
• All orders are considered final upon approval. Refunds, cancellations, or modifications to the e-GC order are not allowed.


Terms & Conditions:
• Each Ideal Vision eGift has a unique code that corresponds to a specific amount or item. To use the eGift in-store or online, the unique code must be provided to the store staff or entered at checkout for validation.
• The recipient is responsible for the safekeeping of their eGift code. The code should only be shared with the authorized store staff or entered during online checkout when the recipient is ready to use it.
• The eGift cannot be exchanged for cash or used for cash-back transactions.
• The eGift is valid for one-time use only.
• Any unused balance from the eGift will be forfeited, and no cash change will be provided.
• If the total purchase exceeds the eGift value, the recipient is required to pay the difference.
• Recipients may use multiple eGift codes in a single transaction.
• Senior and PWD discount is applicable to complete eyewear package only.
• Promos and discounts may change without prior notice.

Ideal Vision Gift Certificates are accepted at the ff stores:
All Ideal Vision Center branches
Eyesports by Ideal Vision
The Lens Crafter Shop (TLCS)
Yes Optical
L’optique
Budget Optical
idealvision.ph


Penshoppe
PENSHOPEE T&Cs

Source: https://www.penshoppe.com/policies/terms-of-service

TERMS OF SERVICE

Overview
This website is operated by Penshoppe. Throughout the site, the terms “we”, “us” and “our” refer to Penshoppe. Penshoppe offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred in encrypted form and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications To The Service And Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products Or Services (If Applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.

Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.

Section 11 - Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Penshoppe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Penshoppe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

Section 19 - Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information
Questions about the Terms of Service should be sent to us at shop@penshoppe.com.
Shakey's
Shakey's Website Terms and Conditions

INTRODUCTION

This Terms and Conditions (this “Terms”) govern your (hereinafter also referred to as You,
Guest or User) use of the Shakey’s Super Delivery Website and Shakey’s Super App
developed by Shakey’s Pizza Asia Ventures, Inc. (hereinafter also referred as SPAVI, We,
Us). Please read these Terms carefully.

By accessing and using the Shakey’s Super Delivery Website or Super App, you
acknowledge that you have read, understood and agreed to be bound by these Terms. You
shall only access and use this Website only for the purpose for which it is intended by
SPAVI and in furtherance of its legitimate business interests. Please discontinue using and
accessing the Shakey’s Website immediately if you have any objection to any of the Terms
stated herein.

Shakey’s Pizza Asia Ventures, Inc., reserves the right to change or modify these Terms,
including our Policies incorporated into these Terms, at any time. It is strongly
recommended that you read these Terms regularly. You will be deemed to have agreed to
the amended Terms by your continued use of the Shakey’s Website following the date on
which the amended Terms are posted.

USE OF SHAKEY’S WEBSITE AND ACCOUNT
ACCOUNT CREATION
• By registering through the Website or the App, you will have to provide your personal
information and nominate a password.
• It is understood that you consent to collection of your personal information and
agree with the SPAVI Privacy Policy governing the collection and processing of the
personal information you provide. You may read the SPAVI Privacy Policy
at https://www.shakeyspizza.ph/legal-terms which shall apply suppletorily to this
Terms.
• Your password should remain confidential and must be updated regularly for your
account security. If you believe that your password has been compromised, please
change your password immediately.
• You may also register with single sign-on (SSO) using your Facebook or Google
Account.
• Shakey’s reserves the right to suspend your account if you breach any provisions of
this Terms.


ORDER, ACCEPTANCE, AND CHANGES TO ORDERS.
• This Terms and Conditions shall apply to all food orders made through the Shakey’s
Website.
• All orders shall be regarded as an offer made by our guest to purchase Shakey’s
products in accordance with this Terms.


PLACING AN ORDER
• Upon clicking “Place Order,” you are making an offer to us to purchase the food
product(s) you have specified in your order form. We reserve the right to refuse your
offer wholly or partially.
• During order placement and confirmation, guest must ensure correct and complete
delivery address and mobile number to avoid any discrepancy or delivery delay.
• Once the order is placed, it is reflected in the Order Tracker indicating the
Transaction Number and Delivery Time Commitment. If no time is provided, your
order is considered a “bulk order” and the store will coordinate the deliver time with
you.
• For orders paid using any online payment system, the order is only accepted upon
verification of receipt of payment.

ORDER CONFIRMATION & CHANGES
• Shakey’s has full discretion to accept and/or validate order transactions.
• You will receive an SMS confirmation that the catering store has accepted your order
with our delivery time commitment
Shakey’s reserves the right to decline or modify the transaction based on product
availability and/or store availability. Shakey’s shall provide you prior notice in case Shakey’s
needs to decline or modify the transaction or any part thereof, such as the food products
ordered, the estimated delivery time, among others. The store or contact center may reach
out to you through the contact information you provided via phone call, SMS or email.
• Email order or SMS confirmation is an acknowledgement and record of our
agreement to deliver the products ordered and within the specified delivery time.
• If another person ordered products on your behalf and using your account, you
agree that such order shall be considered as your own, and shall be subject to this
Terms and the SPAVI Privacy Policy.
• If you wish to change or cancel your order, please call Shakey’s delivery hotline #77
777 or (02) 7777-7777. Any change or cancellation will be dependent on the catering
store’s acceptance. The catering store may reject the change or cancellation if the
production of the order has already commenced. In case your request for change of
order is accepted by the catering store, you agree that such change will result in
extension of delivery time.
• Please note that as promotions are only available for limited periods, any changes
to your order may mean the promotions are no longer available, as the case may be.

DELIVERY
• Online Delivery is available in Metro Manila and select Provinces only.
• Each store may have different operating hours. We can only service your order if the
catering store, based on the address you have provided, is open and available.
• Shakey’s reserves the right to suspend the If It’s Late, It’s Free Policy in accordance
with our If It’s Late, It’s Free Terms and Conditions which you may access
at https://www.shakeyspizza.ph/legal-terms.
• Stop the Clock Policy: Please note that the delivery is deemed completed and the
time shall stop when the rider arrives at the village gate or outside the building
indicated in your delivery address. You may also refer to the terms and conditions of
31-Minutes Guarantee here.

PRICES, PAYMENT & REFUNDS
• Unless otherwise stated in writing, the prices quoted on this Shakey’s Website are
inclusive of VAT and any other applicable taxes.
• Prices of goods and services may be changed at any time without further notice.
• You may refer to the Shakey’s Website (https://www.shakeyspizza.ph/) to check the
price of the Product/s you wish to order. Without prejudice to any inadvertent
technical mistake (which will be charged to the guest), the price of the Product/s
shall be as reflected on the website.
• Some stores may differ in price such as NAIA Terminal 3, Camp John Hay Baguio,
Zamboanga, and Boracay. Price differences are reflected on the actual menus of the
specific stores mentioned.
• You can pay by any of the methods listed in the checkout screen. We currently
accept the following forms of payment: Cash on Delivery, GCash, Credit/Debit Card
Online, Credit/Debit Card on Delivery, and PayPal.
• Online Payments are charged immediately upon order placement. These may be
subject to additional online charges, which you will be informed about before
placing the order.
• If you are using a credit or debit card, your card must be valid on the date of dispatch
of your order. We reserve the right to cancel your order at any stage in case we
encounter any issue with your payment.
• Refunds from online payments are processed within the same working day. You will
receive an SMS confirmation that the refund has been processed on our end. Our
Payment Partner, your Bank or your Credit Card Issuer shall process the actual
refund of the amount back to your account based on their respective policies and
timelines. Credit/Debit Card refunds usually take 7-10 banking days, and GCash is
usually reflected within 1-4 days.

USING OUR SHAKEY’S WEBSITE
The Shakey’s Super Delivery Website and Shakey’s Super App are operated and managed
by Shakey’s Pizza Asia Ventures, Inc. They is maintained for your personal use, viewing,
ordering of food online, and delivery. Access and use by you of this site constitutes your
acceptance of this Terms and Conditions and the Policies incorporated herein.

DISCLAIMERS AND LIMITATION OF LIABILITY
By using the Shakey’s Super Delivery Website or Shakey’s Super App, you agree to
indemnify SPAVI, its officers, directors, parents, partners, employees, agents, distributors,
affiliates, subsidiaries, and their related companies for any and all claims, damages, losses
and causes of action arising out of your breach or alleged breach of this Terms.
The materials on this site are transmitted and distributed "as is, where is" and appear on
the site without express or implied warranties of any kind, including, but not limited to,
warranties of title, implied warranties of title, implied warranties of merchantability, or
fitness for a particular purpose. The Shakey’s Website makes no warranty as to the quality,
accuracy, completeness and validity of any materials it contains and does not warrant that
the functions will be uninterrupted or error-free. When a mistake is noticed, we will correct
it as soon as possible and will notify guests who are affected. 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 Peso. Price and availability information is subject to
change without notice.

The materials provided in this Shakey’s Super Delivery Website and Shakey’s Super App are
for information and promotional purposes only. User may not rely on any information and
opinions expressed in it for any other purpose. Neither SPAVI nor its officers, directors,
parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related
companies are responsible or liable for any loss, damage (including, but not limited to,
actual, consequential, or punitive), liability, claim, or other injury or cause related to or
resulting from any information posted on the Shakey’s Super Deliver Website or Shakey’s
Super App.

Information on the Shakey’s Super Delivery Website or Shakey’s Super App is subject to
change without notice. The information should not be relied upon as a substitute for formal
advice from the originating bodies or departments of the Shakey’s Website and its partners.
Users who rely on this information do so at their own risk.

INTELLECTUAL PROPERTY
Logos, Photographs, Intellectual Property, the names, images and logos identifying the
Shakey’s Super Delivery Website and Shakey’s Super App are proprietary marks of Shakey’s
Pizza Asia Ventures, Inc. The copying and use of the SHAKEYS PIZZA logo, any other
Shakey’s Super Delivery Website or Shakey’s Super App-related logos, photographic
images or third party logos accessed via Shakey’s Website is not permitted without the
prior consent of Shakey’s Pizza Asia Ventures, Inc. or the owner. 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. 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 this website or app.
However, we do not permit use of our logos as promotional or hypertext objects. Please see
the paragraph above on logos.

HYPERLINKING BY US
Shakey’s Super Delivery Website and Shakey’s Super App contain links to other sites.
Shakey’s Super Delivery Website and Shakey’s Super App are not responsible for the
privacy practices or the content and the reliability of any linked websites and does not
necessarily endorse the views expressed within them. Listing should not be taken as
endorsement of any kind. However, we do make every attempt to ensure that the hypertext
links to other websites are relevant, appropriate, and accurate and provide useful
additional information to the Shakey’s Super Delivery Website and Shakey’s Super App own
information or services.

We cannot guarantee that these links will work all of the time and we have no control over
the availability of the linked pages. However, we regularly review web pages to ensure that
sites can be accessed. If you have had difficulties accessing a site, we would like to know.
Please contact the Webmaster with details.

VIRUS AND SPAM PROTECTION
Shakey’s Super Delivery Website and Shakey’s Super App make every effort to test and
check material at all stages of production. It is always wise for the user to run an anti-virus
program on all material downloaded from the internet. Shakey’s Super Delivery Website
and Shakey’s Super App cannot accept any responsibility 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 Shakey’s Super Delivery Website
and Shakey’s Super App.

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

NO SOLICITATION
The Shakey’s Super Delivery Website and Shakey’s Super App, and the information
contained herein does not constitute an offer or a solicitation of an offer for the purchase
or sale of any securities.

GOVERNING LAW
This Terms and Condition is executed and shall be governed and construed in accordance
with the laws of the Republic of the Philippines.

TERMINATION
The Shakey’s Super Delivery Website and Shakey’s Super App may, in their sole discretion,
terminate or suspend your access to any or all or part of the site or application, including,
but not limited to, any bulletin boards on its site, for any reason, including without
limitation, breach of this Terms. The restrictions regarding materials appearing on the
website, and the representations and warranties, indemnities and limitations of liabilities
set forth in this Terms will survive any such termination of access, use, or availability of the
SPAVI Website.