Terms and Conditions

 

Welcome to The Good Meat Online Shop. Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Online Shop (defined below) and the use of the Services. By accessing the Online Shop and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Online Shop or the Services.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this  Online Shop and using the Services.

Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.

General use of Services and/or access of  Online Shop

2.1 Guidelines to the use of  Online Shop and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the  Online Shop, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the  Online Shop.

2.2 Restricted activities: You agree and undertake NOT to:

(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;

(b) use the  Online Shop or Services for illegal purposes;

(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the  Online Shop or Services;

(d) post, promote or transmit through the  Online Shop or Services any Prohibited Materials;

(e) interfere with another’s utilization and enjoyment of the  Online Shop or Services;

(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Online Shop’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the  Online Shop or Services; and

(g) use the  Online Shop or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

2.3 Availability of  Online Shop and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the  Online Shop or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Online Shop or any part of the Services.

2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the  Online Shop and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any Customer to the  Online Shop and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the  Online Shop at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.5 TGM Privacy Statement: Your use of the Services and/or access to the  Online Shop is also subject to the Privacy Policy as set out Here.

2.6 Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms & Conditions Of Sale.

2.7 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.

Use of Services

3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.

3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.

3.3 General terms of use: You agree:

(a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and

(b) to ensure that any information or data you post or cause to appear on the  Online Shop in connection with the Services is accurate and agree to take sole responsibility for such information and data.

3.4 Product description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.

3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

Customers with The Good Meat accounts

4.1 Username/Password: Certain Services that may be made available on the  Online Shop may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant  Online Shop. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.

4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the  Online Shop and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:

(a) access to the relevant  Online Shop and/or use of the Services by you; or
(b) information, data or communications posted, transmitted and validly issued by you.

You agree to be bound by any access of the  Online Shop and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the  Online Shop referable to your Username and Password.

Intellectual property

5.1 Ownership: The Intellectual Property in and to the  Online Shop and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

5.2 Restricted use: No part or parts of the  Online Shop, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5.3 Trademarks: The Trademarks are registered by Pilmico Animal Nutrition Corporation. Nothing on the  Online Shop and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission.

Our limitation of responsibility and liability

6.1 No representations or warranties: The Services, the  Online Shop and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the  Online Shop, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the  Online Shop, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:

(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the  Online Shop, the Services or the Materials;

(b) that the Online Shop, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

(c) that the  Online Shop, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

(d) the security of any information transmitted by you or to you through the  Online Shop or the Services, and you accept the risk that any information transmitted or received through the Services or the  Online Shop may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

6.2 Exclusion of liability: The Good Meat Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the  Online Shop or the Services;

(b) reliance on any data or information made available through the  Online Shop and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the  Online Shop, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the  Online Shop is entirely at your own risk and we shall not be liable therefor.

Hyperlinks, and alerts

7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7.2 Promotions: We may attach banners, java applets and/or such other materials to the  Online Shop for the purposes of promoting our products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

Your submissions and information

8.1 Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the  Online Shop and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the  Online Shop, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall 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 Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.

8.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Philippines or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

8.3 The Good Meat may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.

Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy set out Here. and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

Termination

9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your use of the  Online Shop and/or Services and/or disable your Username and Password. We may bar access to the  Online Shop and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the  Online Shop.

9.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.

Notices

10.1 Notices from us: All notices or other communications given to you if:

(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or

(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

General

11.1 Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

11.2 No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

11.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.

11.4 Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

11.5 Governing law: Use of the  Online Shop and/or the Services and these Terms of Use shall be governed by and construed in accordance with Philippine law. If any dispute arises in connection with these Terms of Use, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate Alternative Dispute Resolution (ADR) proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 14 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.

All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.

11.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.7 Amendments: We may by notice through the Online Shop or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Online Shop or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Online Shop and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

11.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

11.9 Currency: Money references under these Terms of Use shall be in Philippines Peso.

11.10 Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

11.11 Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

11.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Online Shop and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Online Shop and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

11.14 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

11.15 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Online Shop’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

Voucher Terms & Conditions

The following terms and conditions (T&Cs) apply to your use and redemption of promotional vouchers or voucher codes, where such vouchers are offered for no consideration (according to voucher Terms & Conditions)

 

Schedule 1

Definitions and Interpretation

Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:

1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.

1.2 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

1.3 “The Good Meat Indemnitees” means The Good Meat and all of its respective officers, employees, directors, agents, contractors and assigns.

1.4 “The Good Meat”, “we”, “our” and “us” refer to the brand under Pilmico Animal Nutrition Corporation, a company incorporated pursuant to the laws of Philippines under registration number CS201203115 and having its registered address at Aboitiz Corporate Center Manuel A. Cuenco Ave. Kasambangan, Cebu City.

1.5 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Online Shop.

1.6 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.

1.7 “Materials” means, collectively, all web pages on the Online Shop, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Online Shop and the functionalities or services provided on the Online Shop.

1.8 “Order” means your order for Products sent through the Online Shop in accordance with the Terms & Conditions of Sale.

1.9 “Password” refers to the valid password that a Customer who has an account with The Good Meat may use in conjunction with the Username to access the relevant Online Shop and/or Services.

1.10 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.

1.11 “Online Shop” means the web version of the website operated and/or owned by The Good Meat which is presently located at the following URL: https://www.thegoodmeat.pilmico.com

1.12 “Privacy Policy” means the privacy policy set out Here.

1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Online Shop.

1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:

(a) contains any computer virus or other invasive or damaging code, program or macro;

(b) infringes any third-party Intellectual Property or any other proprietary rights;

(c) is defamatory, libelous or threatening;

(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or

(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

1.15 “Services” means services, information and functions made available by us at the Online Shop.

1.16 “Submission” is as defined in Clause 8.1 of these Terms of Use.

1.17 “Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products and are set out Here.

1.18 “Terms of Use” means the recitals, Clauses 1 to 12 and any Schedules to these terms and conditions.

1.19 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Online Shop, including the The Good Meat trademark, which is property of Pilmico Animal Nutrition Corporation.

1.20 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with The Good Meat.

1.21 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Online Shop.

1.22 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.

Interpretation: Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of The Good Meat and the provision which is more favorable to The Good Meat shall prevail.

 

 

 

TERMS AND CONDITION OF SALES

Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.

Purchase of Products

2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Online Shop, as well as any amendments to the aforementioned, issued by The Good Meat (whether as part of use of the Online Shop or in relation to the purchase of Products), from time to time. The Good Meat reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on theOnline Shop.

2.2  For Products sold by The Good Meat, shall be agreements entered into directly and only between The Good Meat and you.

2.3 Product description: Accurate description of the Products, The Good Meat does not warrant that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Online Shop and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.

2.4 Placing your Order: You may place an Order by completing the Order form on the Online Shop and clicking on the “Place Order” button. The Good Meat will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

2.5 All Orders will be deemed to be irrevocable and unconditional upon transmission through the Online Shop and shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which The Good Meat will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, The Good Meat is not obliged to give effect to any request to cancel or amend any Order.

2.6 The Good Meat reservation of rights in respect of Orders: All Orders shall be subject to The Good Meat’s acceptance in its sole discretion and each Order accepted by The Good Meat (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from The Good Meat confirming your Order, The Good Meat shall not be party to any legally binding agreements or promises made between The Good Meat and you for the sale or other dealings with the Product(s) and accordingly The Good Meat shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, The Good Meat reserves the right to decline to process or accept any Order received from or through the Online Shop in its absolute discretion. Please note that there are cases when an order cannot be processed for various reasons. The Good Meat reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order

2.7 Termination by The Good Meat in the event of pricing error: The Good Meat reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Online Shop, in which event The Good Meat shall notify you of such cancellation. The Good Meat shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, The Good Meat shall refund the payment charged to you for the Product, subject to the process and timelines of payment providers and/or payment partners, as provided under clause 5.6.2 below.

2.8 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by The Good Meat via the Online Shop, under the “Specifications” tab in the field “Product Warranty” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, The Good Meat excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.

2.9 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by The Good Meat which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by The Good Meat. You also acknowledge and agree that to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit The Good Meat to provide the Products at lower fees or prices than The Good Meat otherwise could and you agree that such exclusions on liability are reasonable.

2.10 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9 and to the extent allowed under Philippine law:

2.10.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to The Good Meat;

2.10.2 any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against The Good Meat within six months from the date of delivery, or from the scheduled delivery of the Product.

2.10.3 The Good Meat shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor’s implied or express warranty on the Products;

2.10.4The Good Meat is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without The Good Meat’s prior written approval and the Customer shall indemnify The Good Meat against all Losses arising out of such claims;

2.10.5 The Good Meat shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and

2.10.6 To the extent allowed under Philippine law, The Good Meat shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.

2.11 Intellectual Property:

2.11.1 Unless the prior written consent of The Good Meat has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.

2.11.2 The Customer agrees and acknowledges that the Product Materials shall remain the property of The Good Meat. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of The Good Meat. Unless otherwise expressly provided in the Order or the prior written consent of The Good Meat has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon The Good Meat’s request.

Delivery of Products

3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by The Good Meat, otherwise advised by The Good Meat in cases delivery is limited to areas due to government mandated policies.

3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.

3.3 Tracking: You may track the status of the delivery by contacting our Customer Care Representative via our The Good Meat’s Facebook page.

3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. The Good Meat will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Online Shop is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed The Good Meat will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to The Good Meat. The time for delivery shall not be of the essence, and The Good Meat (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.

3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform The Good Meat within 3 days immediately from such projected delivery date, The Good Meat will try, to the best of The Good Meat’s ability, to locate and deliver the Product. If The Good Meat does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Philippine law.

3.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of The Good Meat’s fault) then without prejudice to any other right or remedy available to The Good Meat, The Good Meat may terminate the Customer Contract.

Prices of Products

4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to The Good Meat (through the Online Shop). The Good Meat is determined to provide the most accurate pricing information on the online shop to its customers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, The Good Meat reserves the right to refuse or cancel any order. In the event that an item is mispriced, The Good Meat may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. The Good Meat shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your bank account charged.

4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. The Good Meat reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

Payment

5.1 General: You may pay for the Product using any of the payment methods prescribed by The Good Meat from time to time. When you place an Order, actual payment will be only charged upon The Good Meat’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to The Good Meat, either accepting payment in its own right. You acknowledge that The Good Meat is entitled to collect payments from you.

5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by The Good Meat from time to time.

5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against The Good Meat, for any failure, disruption or error in connection with your chosen payment method. The Good Meat reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.4 Invoicing: The Good Meat may invoice you upon the due date of any payment under a Customer Contract.

5.5 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to The Good Meat, The Good Meat shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

5.6 Refund of Payment:

5.6.1 All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds may be made via bank transfer or into the individual’s bank account provided that complete and accurate bank account details are provided to us.

5.6.2 We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.

5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.

5.6.4 All refunds are conditional upon our acceptance of a valid return of the Product.

5.6.5 We reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6.6. The guidelines regarding the refunds process of The Good Meat can be accessed Here.

Returns/Replacements

6.1 Return Policy: All returns must be done in accordance with these Terms and Conditions. The Good Meat is not obliged to agree to any return unless all such instructions are followed to The Good Meat’s satisfaction. Should The Good Meat agree to the return, The Good Meat will deliver the replacement Product to your specified address.

6.2 Permitted returns: Subject to Clause 6.1, within 24 hours, depending on the product, from the date of delivery of the Product, you may return a Product when you:

6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;

6.2.2 receive a faulty or damaged Product;

6.2.3 receive a product that is not as advertised on the online shop;

6.2.4 wrong item is delivered;

6.2.5 receive a product that is beyond expiry date.

6.3 Replacement Products: When The Good Meat has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become The Good Meat’s property and upon request such Products or parts thereof should be shipped back to The Good Meat.

6.4 Returns/Replacement Process: Fill up the form found at the website by clicking this link and provide reason for the return of the product. Within 24 hours from receipt of your complaint we will contact you to get further details on your complaint. Once we have confirmed that the return/replacement is in accordance with these Terms and Conditions, we will cause the delivery of the product to you during the next delivery date.

6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when The Good Meat has tendered delivery of the Products.

6.6 In cases where the customer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, as provided under Clause 6, The Good Meat will safely keep the item for a period of seven (7) days, reckoned from the date The Good Meat receives the product from customer. After the lapse of such period, the product or item is deemed abandoned by customer, and The Good Meat may dispose of the product or item. Notwithstanding the foregoing, The Good Meat will use its best efforts to return the product to the Customer within the time frame provided.

Questions and complaints

If you have any questions or complaints, please contact The Good Meat using the “Contact Us” page on the Online Shop.

Termination

8.1 Cancellation by you: You may cancel the Customer Contract before The Good Meat dispatches the Products under such Customer Contract by written notice to The Good Meat at ”Contact Us” page on the Online Shop, subject to Clause 2.5. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.

8.2 Cancellation by The Good Meat: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, The Good Meat, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

8.2.1 the Products under the Customer Contract being unavailable for any reason;

8.2.2 the Customer being in breach of an obligation under the Customer Contract;

Risk and property of the Goods

9.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when The Good Meat has tendered delivery of the Goods.

9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until The Good Meat has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by The Good Meat to the Customer for which payment is then due.

9.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as The Good Meat’s fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.

9.4 The Customer agrees with The Good Meat that the Customer shall immediately notify The Good Meat of any matter from time to time affecting The Good Meat’s title to the Goods and the Customer shall provide The Good Meat with any information relating to the Goods as The Good Meat may require from time to time.

9.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) The Good Meat shall be entitled at any time to demand the Customer to deliver up the Goods to The Good Meat and in the event of non-compliance. The Good Meat reserves its right to take legal action against the Customer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

9.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of The Good Meat but if the Customer does so all moneys owing by the Customer to The Good Meat shall (without prejudice to any other right or remedy of The Good Meat) forthwith become due and payable.

9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.

9.8 The Customer shall indemnify The Good Meat, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of The Good Meat’s rights under this condition.

Limitation of liability

10.1 Sole remedies of customer: The remedies set out in Clause 6 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the products.

10.2 Maximum Liability: Notwithstanding any other provision of these terms & conditions of sale, The Good Meat’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to The Good Meat under such customer contract.

10.3 Exclusion of liability: The Good Meat indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the Online Shop in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with The Good Meat’s instructions on the use of the products (whether oral or written).

General

11.1 References to “The Good Meat”: References to “The Good Meat” in these Terms and Conditions of Sale apply both to The Good Meat’s actions on its own behalf as Seller and/or as the operator of the Online Shop in respect of each and every Customer Contract.

11.2 Right to subcontract: The Good Meat shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to designated service providers, subcontractors and/or agents.

11.3 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and The Good Meat’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies The Good Meat may have in law or in equity, and no exercise by The Good Meat of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent The Good Meat’s exercise of any other such right or remedy as at law or in equity.

11.4 Warranties: The implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.

11.5 No waiver: The Good Meat’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. The Good Meat would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.

11.6 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.

11.7 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.

11.8 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Philippines.

11.9 If any dispute arises in connection with these Terms of Use, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate ADR proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 14 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.

All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.

11.10 Injunctive relief: The Good Meat may seek immediate injunctive relief if The Good Meat makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.11 Amendments: The Good Meat may by notice issued through the Online Shop or by such other method of notification may designate solely through The Good Meat (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date The Good Meat specifies through the above means. If you use the Online Shop or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Online Shop and the Services and terminate these Terms & Conditions of Sale. The Good Meat’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of The Good Meat (either via the Online Shop or such other means as The Good Meat prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.

11.12 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on The Good Meat’s part shall be subject to correction without any liability on The Good Meat’s part.

11.13 Currency: Money references under these Terms & Conditions of Sale shall be in Philippines Pesos.

11.14 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.

11.15 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and The Good Meat relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

11.16 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by The Good Meat or its service providers relating to or in connection with the Online Shop and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between The Good Meat and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.17 Subcontracting and delegation: The Good Meat reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as The Good Meat deems appropriate.

11.18 Assignment: You may not assign your rights under these Terms & Conditions of Sale without The Good Meat’s prior written consent. The Good Meat may assign its rights under these Terms & Conditions of Sale to any third party.

11.19 Force Majeure: The Good Meat shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Online Shop’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond The Good Meat’s reasonable control.

 

SCHEDULE DEFINITIONS AND INTERPRETATION
Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:

1.1 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Philippines.

1.2 “Customer” means an authorised user of the Online Shop and/or the Services.

1.3 “Customer Contract” shall be as defined in Clause 2.6.

1.4 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

1.5 “The Good Meat Indemnitees” means The Good Meat, its affiliates and all of its respective officers, employees, directors, agents, contractors and assigns.

1.6 “The Good Meat” refers to The Good Meat under Pilmico Animal Nutrition Corporation, a company incorporated pursuant to the laws of Philippines under registration number CS201203115 and having its registered address at Aboitiz Corporate Center Manuel A. Cuenco, Kasambagan, Cebu City

1.7 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Online Shop.

1.8 “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.

1.9 “Order” means your order for Products sent through the Online Shop in accordance with the Terms & Conditions of Sale.

1.10 “Password” refers to the valid password that a Customer who has an account with The Good Meat may use in conjunction with the Username to access the relevant Online Shop and/or Services.

1.11 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, and phone/mobile number.

1.12 “Online Shop” means (a) both the web and mobile versions of the website operated and/or owned by The Good Meat which is presently located at URL: https://thegootmeat.pilmico.com

1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Online Shop.

1.14 “Product Warranty” means the warranty provided for a product sold on the online shop.

1.15 “Return Policy” means the return policy set out Here.

1.16 “Services” means services, information and functions made available by The Good Meat at the Online Shop.

1.17 “Terms & Conditions of Sale” means Clauses 1 to 11 and any Schedules to these terms and conditions.

1.18 “Terms of Use” means the Terms And Conditions governing the Customer’s use of the Online Shop and/or Services.

1.19 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Online Shop, including the The Good Meat trademark, which is property of Pilmico Animal Nutrition Corporation.

1.20 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with The Good Meat.

1.21 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Online Shop.

1.22 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.

Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of The Good Meat and the provision which is more favorable to The Good Meat shall prevail.

 

Digital Vouchers & Gift Cards Terms and Conditions

General
The terms and conditions on the use of digital vouchers & gift cards promoted on The Good Meat are governed by specific Terms of Use of the merchant, and these terms and conditions.
Digital vouchers and gift cards cannot be exchanged for cash. Digital vouchers and gift cards operates its own policy on issuing replacements, where applicable, and subject to the terms of use of each digital voucher and/or gift card.
Customers can refer to the digital voucher or gift cards product page and emails for any specific terms and conditions, such as but limited to the following: the time when they can be redeemed or used, validity, and expiry dates, if applicable.
Security of the Digital Vouchers and Gift Cards
The security of the digital vouchers and gift cards is the responsibility of the customer.

III. Usage & Restrictions

There are certain rules and restrictions which limit the use of digital vouchers & gift cards and these can be found on the product page of the specific digital voucher and gift card. The digital voucher or gift card is redeemable if it is used in accordance with the terms of use and the validity periods, if any. Please refer to the details for each digital voucher and gift card as they are described on the specific product page.
Redeeming Digital Vouchers & Gift Cards
The instructions on how to redeem the digital vouchers and gift cards are made available on product page of the digital vouchers & gift cards.
For digital vouchers which can be used on other Online Shops or websites,
For online checkouts where the digital voucher may be used as a form of discount, after entering your pin or voucher code of the digital vouchers and gift cards, the balance will immediately be deducted from the order total. If your order total exceeds the amount on your gift card, you can pay the remainder with a payment method available.
Multi-redemption may be allowed depending on the promotion as long as there is balance in the digital vouchers and gift cards’ value.
Refunds and Cancellations
Digital vouchers & gift cards cannot be returned or cancelled.
A replacement may be allowed provided there is a failure on the The Good Meat’s system or error in the email and/or phone number provided by the customer.
Refunds for orders paid with a gift card are applied to the gift card (see your refund email if you no longer have the card).
For returning/exchanging a good/services purchased for gift cards, ensure to follow The Good Meat’s terms & conditions.
Use and Disclosure of Data
The Customer agrees that The Good Meat shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with The Good Meat’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by The Good Meat from time to time.
Order fulfilment may be handled by The Good Meat, and the customer will receive direct communication regarding the pin code for digital vouchers & gift cards. For promotions, customers have the right to further provide consent based on customer’s discretion.

 

 

THE GOOD MEAT PAYMENT PROTECTION POLICY

If any matter is not provided for in this Policy but is provided for in the The Good Meat Terms, the provisions of the The Good Meat Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of The Good Meat Terms, the provisions of this Policy shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the The Good Meat Terms. This Policy is a legal agreement between you and The Good Meat by Pilmico Animal Nutrition Corporation. By using your The Good Meat Account, you agree to be bound by the terms of this Policy.

1.1 Protection against Unauthorized Transactions.

The Good Meat will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy.

An “Unauthorized Transaction” occurs when, because of a fraudulent take-over of the The Good Meat Account:

(a) a transaction is made from the value stored within your The Good Meat Account that you did not authorize and that did not benefit you.

Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your The Good Meat Account. If you authorize someone to access your Account by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.

1.2 Notify The Good Meat

You should immediately notify The Good Meat if you believe there has been an Unauthorized Transaction or unauthorized access to your The Good Meat Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.
You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. The Good Meat will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.
If an Unauthorized Transaction appears in your account, please contact The Good Meat Customer Service through the contact us page (https://thegoodmeat.pilmico.com/contact/). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. The Good Meat will only initiate an investigation upon receipt of all information/documents.

1.3 Actions taken by The Good Meat upon receipt of notification

Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:

(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.

(b) The Good Meat will complete the investigation within 5 working days from the date where all necessary information and/or documents were received by us.

(c) We will inform you of our decision once we complete the investigation.

If we determine that the Unauthorized Transaction is one which qualifies for The Good Meat Payment Protection, we will credit the full amount of the Unauthorized Transaction to your bank account that you have provided.

* Customer’s receipt of reimbursement amount is dependent on the Bank/Partner’s processing timelines

If we determine that the Unauthorized Transaction is one that does not qualify for The Good Meat Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.

1.4 Scope of protection

The following types of transactions are excluded from the scope of coverage of our The Good Meat Payment Protection Policy:

(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;

(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;

(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;

(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond The Good Meat’s reasonable control;

(e) Where the Unauthorized Transaction took place as a result of any terminal or system being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;

(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or

(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.