Terms and Conditions

OVERVIEW

By using the App (Qarabao) and/or Site (Qarabao.com) in any manner including, but not limited to, visiting or browsing, the users agree to be bound by this Agreement, including those additional terms, conditions and policies referenced in this document. This Agreement applies to all users of the App and/or Site: merchants, buyers, and visitors.

TYPES OF USERS

Hereafter, in this document, persons using the App and/or Site will be pertained to as the following:

User/s: ALL persons using the site. - Visitors, Merchants, an/or Buyers, whichever is referenced in the statement.

Visitor/s: Those who may or may not have registered for a Qarabao account but are visiting a page in the App and/or Site.

Merchant/s: Those who have registered for a Qarabao account and have filled in the required fields of the Store Info in the App and/or Site.

Buyer/s: Those who have logged-in to browse products uploaded by Merchants and/or have inquired or transacted with a Merchant.

The Service

The Services offered by Qarabao to Merchants under this Agreement involve the provision of an application and a platform through which they can upload products, post products into different social networks, chat with Buyers, process orders and receive payments.

On the other hand, the Services offered by Qarabao to Visitors and Buyers under this Agreement involve the provision of an application and a Site through which they can browse products, chat with Merchants, search for, view, order and pay for products offered by Merchants.

General Terms and Conditions

Neither Qarabao nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use, fraudulent use, misuse, or inability to use this App, Site or the services or content provided from and through this App and/or Site.

Furthermore, Qarabao makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this App and/or Site are free from errors or omissions or that the service will be 100% uninterrupted and error free.

Although the products sold via the App and/or Site may be under warranty provided by a Merchant, the App and the Site itself are supplied on an "as is" basis and have not been compiled or supplied to meet each User’s individual requirements. It is the User’s sole responsibility to satisfy himself/herself prior to accepting these TERMS AND CONDITIONS that the service made available from and through this App and/or Site will meet his/her individual requirements and be compatible with his/her hardware and/or software.

Information, ideas and opinions expressed on this App and/or Site should not be regarded as professional advice or the official opinion of Qarabao and the Users are encouraged to consult professional advice before taking any course of action related to information, ideas and opinions expressed on this Site and/or App.

GOVERNING LAW AND JURISDICTION

These TERMS AND CONDITIONS are governed by the laws of the Philippines and, subject to the ‘Disputes’ clause of these TERMS AND CONDITIONS. Each Buyer, each Merchant and Qarabao submit to the non-exclusive jurisdiction of the courts of the country of the Philippines.

PRIVACY POLICY

Users acknowledge that much of the content that the Users upload to and/or post on the App and/or Site is submitted precisely for the purpose of disclosure to other Users, and therefore such information is not subject to any confidentiality obligation. Qarabao does not guarantee and/or warrant the absolute confidentiality and privacy of information and content which the Users uploaded and promoted/posted for the purpose of disclosure to other Users.

Private information, such as bank account details and/or other payment-related information provided in connection with buying and selling items on the App and/or Site is processed with appropriate privacy, confidentiality and security protections.

Save as otherwise provided in these TERMS AND CONDITIONS, Qarabao shall not divulge any information or documents which personally identify a User to any third party without the consent of the User unless the information and documents are required in an investigation or otherwise required by law.

Qarabao uses cookies and other technologies to analyze the access history of Users, as well as to provide certain services to Users. Hence, Users agree that by opting to disable cookies, certain services may become unavailable or limited.

Qarabao shall not be liable for any damage or loss caused by theft, hacking or fraud employed by third parties in relation with the private information and other payment related information of the Users beyond the control of Qarabao"

SECURITY

Any User who delivers or attempts to deliver any damaging code to the App and/or Site or attempts to gain unauthorized access to the App and/or Site shall be prosecuted and damages shall be claimed in the event that Qarabao suffers any damage or loss.

The User agrees and warrants that his/her login name and password shall:

(1) be used for his/her personal use only; and (2) not be disclosed to any third party. The User allows Qarabao to take all reasonable steps to ensure the integrity and security of the App, Site and service.

AMENDMENTS IN THE TERMS AND CONDITIONS

Qarabao may, in its sole discretion, change these TERMS AND CONDITIONS or any part thereof at any time by publishing the amended version of the TERMS AND CONDITIONS on the App and the Site. It is the User's responsibility to ensure that they are compliant with any and all amendments. Should the Users not agree to any part of the amendments, they must refrain from using the App and/or Site to sell products or from using the App and/or Site in any manner.

Users' continued use of the App and/or Site after the publication and/ or notice of the amended Terms and Conditions shall be construed as consent/approval to the amended Terms and Conditions, hence, any objections and/or complaints thereafter automatically waived.

DISPUTES

Qarabao merely acts as the User's, the Buyer's, or Merchant's facilitator in doing sell-buy transactions, hence, shall not be responsible and liable, in whatever manner, for any loss and/or damage arising from the said transaction caused by the Parties' dispute.

Qarabao shall not act as an agent in connection with resolving any disputes between any of the parties. Any dispute regarding any Sale using the App and/or Site shall be handled between the Merchant and the Buyer and shall be referred to Arbitration

Buyers, Merchants and Users may not initiate or file any action or class suit against Qarabao in connection with the use of Qarabao site or any App related to sell and buy transaction of Parties.

RESERVATION OF RIGHTS

In order to protect the interests of all Users of the App and/or Site, Qarabao shall maintain ultimate control over the activities taking place via the App and the Site. In doing so, the Services provided to the Users may be affected, and this clause sets out the nature and extent of Qarabao’s rights to do so.

Site, App or Service changes: Qarabao retains the right to determine the content, appearance, design, functionality and all other aspects of the Site, App, and the Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site, App and the Service and any element, aspect, portion or feature thereof, from time to time) and shall notify the Users by placing notice via the Site, the App or an email.

Temporary suspension of Service: Qarabao shall be entitled, at any time and without liability to the Users or any third party, to modify, expand, improve, maintain or repair the App, the Site and the Services notwithstanding that this may require suspending the operation of the App, Site and/or Services temporarily provided that Qarabao shall notify Users in advance of any such suspension by means of a notice displayed on the App, the Site or via an email, and provided further that Qarabao shall minimize the duration thereof, insofar as this is reasonably practical.

Objectionable Content: Qarabao shall have the absolute right to reject any content that is illegal, offensive or otherwise in breach of this Agreement, and if the User refuses to remove any content deemed objectionable by Qarabao in its reasonable discretion, Qarabao may immediately terminate the services being provided to the User on notice and the User shall be liable for any fees and charges up to the date of such termination.

TERMINATION OF SALE

By the Merchant: Merchants are entitled to cancel any sale/s in whole or in part, only in the event and to the extent of any unavailability of stock of the relevant product/s. In such event, the Merchant must notify the Buyer of the fact that it is out-of-stock and issue the Buyer a full refund of the amount paid in respect of such product/s, if payment has been made.

By the Buyer: The Buyer has no other rights to retract any orders made by him/her, or cancel any sales prior to packaging or delivery, unless doing so is agreed with the relevant Merchant.

By Qarabao: To protect the interests of Buyers, Qarabao may use reasonable endeavors to scrutinize transactions between Merchants and Buyers to prevent fraud, and a transaction may be refused or canceled if Qarabao, in its sole discretion, is not fully convinced of its legitimacy. Accordingly, Qarabao accepts no liability that may arise as a result of such refusal to process any such transaction.

INTELLECTUAL PROPERTY RIGHTS

Any and all copyright subsisting in the App and/or Site, including these TERMS AND CONDITIONS, vests in Qarabao and all rights not expressly granted are reserved in favor of Qarabao. The User may only download, view and print content from this App and/or Site for private and non-commercial purposes, unless the content has been uploaded by him/her.

Qarabao cannot screen or edit all the content available from the App and/or Site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Qarabao of any content that may be offensive or illegal.

All the content, trademarks and data on the App and/or Site, including, but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Qarabao and as such are protected from infringement by local and international legislation and treaties. User's right to use the App and/or Site shall not in any way be construed as assignment or giving any right to the User in relation to Qarabao's intellectual property rights.

ELECTRONIC COMMUNICATIONS

When Users visit the Site, use the App and/or place an order and/or send e-mails to Qarabao, they consent to receiving communications from Qarabao electronically and agree that all agreements, notices, disclosures and other communications sent by Qarabao satisfy any legal requirements, including, but not limited to, the requirement that such communications should be in writing.

HYPERLINKS, FRAMING, SPIDERS, AND CRAWLERS

Hyperlinks provided on this App and/or Site to non-Qarabao sites are provided as is and Qarabao does not necessarily agree with, edit or sponsor the content of such web pages.

No person, business or website may frame this Site or any of the pages on the App and/or Site in any manner whatsoever without the express written permission of Qarabao.

No person, business or website may use any technology to crawl and/or gain any information from this App and/or Site without the prior written permission of Qarabao.

TRANSLATIONS

If Qarabao has posted or provided a translation of the English language version of these TERMS AND CONDITIONS, the Users agrees that the translation is provided for convenience only and that the English language version will govern the use of the App and/or Site.

MERCHANT SECTION

  1. The Merchant specifically agrees that he/she will not, directly or indirectly, engage in any deceptive or unethical marketing practices that may mislead other Users regarding any aspect of the product or the terms of sale hereof.
  2. The Merchant shall be solely responsible and liable for all information provided in relation to his/her products and hereby indemnify and hold harmless Qarabao from any and all kinds of claims, losses, damages, liabilities, judgments, or settlements, including attorney’s fees on a client-and-attorney basis, costs, and other expenses incurred by the Merchant related to or in connection with the description of the Merchant’s products.
  3. By posting a product, the Merchant represents and warrants to Qarabao and prospective Buyers that the former has the right, authority, and ability to sell the product and that the relevant listing details are accurate, current, complete and not misleading or otherwise deceptive.
  4. Qarabao is not a party to the actual sales between Merchants and Buyers.
  5. By entering into this Agreement and posting any product for sale, the Merchant agrees to complete and execute the sale. The Merchant shall be solely responsible for all aspects of, and actions associated with, any sale, including contacting the relevant Buyer directly to accept or reject any order placed by the Buyer, invoicing, making delivery of the product, issuing any refunds or discounts where relevant, and defending and/or resolving any sale related disputes. However, in order to prevent suspected fraud and protect the interests of customers, Qarabao has absolute right to scrutinize Merchants’ transactions and, if not satisfied with the legitimacy of any transaction, in its sole discretion, refuse to process any order, or rescind a sale which has already been concluded including implementing a refund at the Merchant’s expense, and Qarabao accepts no liability that may arise as a result thereof.
  6. Where fraudulent activity and/or breach of this Agreement is suspected, Qarabao reserves the rights to delay or suspend listing of, or to refuse to list, or to de-list, or to require the Merchant not to list, any or all products, in its sole discretion, and/or Qarabao may, in its sole discretion, withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any transaction. The Merchant shall stop and/or cancel orders if Qarabao asks the Merchant to do so (provided that if the Merchant has transferred the products to the applicable carrier or shipper, the Merchant shall use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). The Merchant shall refund any Buyer (in accordance with this Agreement) that has been charged for an order that Qarabao has stopped or cancelled and hereby authorize Qarabao to pay any such refund to the Buyer from funds held by Qarabao on behalf of the Merchant.
  7. The Merchant acknowledges that by not fulfilling his/her sale obligations to any Buyer, he/she can be held liable by the Buyer/s under the terms of such sale/s, as well as by Qarabao for breach of this Agreement.
  8. In the event of significant User complaints related to any of the Merchant’s product/s, Qarabao may, in order to protect the rights of consumers, remove any or all of the Merchant’s products for a specific amount of time or indefinitely. Qarabao may also, in its sole discretion, suspend or terminate the Merchant’s access to the Site, App or the Service, or any one or more current sales immediately on notice in the case of suspected fraudulent activity arising from these User complaints, or contraventions of this Agreement, by the Merchants or any of the Merchant’s Buyers.
  9. If Qarabao reasonably concludes based on information available to it that the Merchant’s actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks or other claims, then Qarabao may, in its sole reasonable discretion and without attracting any liability therefor, delay initiating any remittances and withhold any payments to be made or that are otherwise due to the Merchant in connection with the Services or this Agreement for a period of not more than 90 days following the initial date of suspension; or completion of any investigation(s) regarding the Merchant’s actions and/or performance in connection with this Agreement.

PAYMENTS THROUGH THE PAYMENT GATEWAYS AND SALES PROCEEDS

  1. Payment Gateway: Qarabao offers Merchants a secure way of receiving payments through the Qarabao Payment Gateway.
  2. Third party payment providers: Qarabao employs third party payment providers to process the payments done through the Payment Gateway. Qarabao reserves the right to add and/or remove any payment option under the Payment Gateway it offers at any time, without needing to get the consent of the Merchant.
  3. Merchant settlement account: Sales proceeds from payments through the Payment Gateway are disbursed to the Merchant’s Settlement Account. It is the responsibility of the Merchant to make sure that the Settlement Account submitted to Qarabao either through the App or the Site is correct. Qarabao shall not be liable to the Merchant for any delay in the disbursement of the proceeds of Sales to the Merchant due to an erroneous Settlement Account.
  4. Up to 10 business day hold on sales proceeds: All proceeds of any sale paid through the Payment Gateway shall be deposited to the Merchant’s Settlement Account within 10 business days upon receipt of payment from the Buyer. This covers the required hold on funds of the respective third-party payment gateway/s Qarabao is using. Without any obligation to do so, Qarabao reserves the right to deposit into the Merchant’s Settlement Account earlier than the provisioned holding period.
  5. Hold on sales proceeds due to suspected fraud: Should Qarabao reasonably suspect that any fraudulent activity has taken place in relation to a specific transaction, the amount paid by a Buyer via the payment gateway may be placed on hold pending the outcome of Qarabao’s investigation in this regard. Qarabao shall be free and harmless from any and all kinds of liabilities whatsoever in case it exercises its right to place on hold any payment pending investigation. Any interest earnings therefrom shall not accrue to Merchant.
  6. Direct Payments to Merchants: Qarabao offers a feature for Merchants to accept payments from Buyers using the Merchant’s own payment methods. This may be Bank Deposits, Mobile Payments, Meet Ups, and other payment methods the Merchant submitted through the App and/or Site under the “Payment Details” page. However, Qarabao deems the Merchant solely responsible to shoulder all the risks and liabilities connected to this method of payment since Qarabao has no control whatsoever over these other payment methods, thus, Qarabao shall not be liable to the Merchant and/or the Buyer when a payment problem occurs. This includes, but not limited to: funds not deposited to Merchants account and Merchant not acknowledging the deposit. Therefore, Qarabao recommends utmost care in accepting payments through payment methods outside the Payment Gateway.
  7. Reimbursements: In order to preserve Qarabao’s good reputation and protect the rights of Buyers, Qarabao reserves the right to seek reimbursement from the Merchant if (a) Qarabao, in its sole discretion, decides to reimburse a Buyer or provides a refund to Buyer, (b) Merchant cannot promptly deliver the goods within the period specified herein that warrants such reimbursement, (c) Buyer discovers erroneous or duplicate transactions, (d) Buyer receives a chargeback from a Buyer's credit card issuer for the amount of the Buyer's purchase from the Merchant, or (e) Merchant fails to respond to any communication from a Buyer or Qarabao within 7 days. Qarabao may obtain reimbursement of any amounts owed by the Merchant to Qarabao by deducting from future sales proceeds of the Merchant, reversing any credits to the Merchant’s Qarabao Seller Account, charging the Merchant’s Settlement Account, or seeking such reimbursement from the Merchant by any other lawful means. The Merchant authorizes Qarabao to use any or all of the foregoing methods to seek reimbursement, including the debiting of the Merchant’s Settlement Account.

SHIPPING TO BUYERS

  1. The shipping service to be used is solely in the discretion of the Merchant and/or the Buyer, depending on what both parties agree on. Likewise, the shipping fee shall be shouldered by either the Merchant and/or the Buyer depending on what both parties agree on. In the event Qarabao offers a shipping service that may employ a third-party courier service provider then Qarabao shall charge for the appropriate shipping fee.
  2. Qarabao shall not be liable for any delayed or unsuccessful shipping, and over-charging or non-payment of any shipping fees.
  3. The Merchant agrees to ship an item not longer than 2 business days upon receipt of Proof-of-Payment through the App and/or Site from the Buyer or Qarabao.
  4. The Merchant is solely responsible for the delivery/shipment of all products sold by him/her and should he/she ship/deliver to an incorrect address, either erroneously submitted by the Buyer to the Merchant or the Merchant to the courier, the Buyer and/or the Merchant cannot hold Qarabao liable for any costs, expense or damages that the Merchant may suffer as a result thereof, including any refunds paid to the Buyer in accordance with the provisions of this Agreement.

AMOUNTS PAYABLE BY THE MERCHANT

  1. Transaction Fees: For any payments made by the Buyer through Qarabao’s Payment gateway, Qarabao shall charge a Transaction Fee based on the payment gateway that the buyer chose to use for payment. The amount is deducted from the proceeds of the Sales that is to be deposited to the Buyer’s Settlement Account. Therefore, the Merchant shall receive the proceeds of the Funds, net of the Transaction Fees involved. The Transaction Fee is composed of 2 fees: Payment Gateway Fee and Service/Handling Fee.
  2. Paid Features: Most of the features of Qarabao, the App and the Site are free of charge, unless expressly stipulated. Qarabao may charge for premium features, subscription fee, commissions, and/or referral fees that will be priced accordingly. Qarabao shall inform Merchants and Buyers of these offerings when they are available.

BILLING/PAYMENT TERMS

Additional batches of features may be added to the Service and made available to Merchants as a paid upgrade ("Paid Plan"). If the Merchant chooses to subscribe to a Paid Plan, the Merchant shall pay fees (described below) to Qarabao. Upon selection of a Paid Plan, Merchant will provide Qarabao with the necessary billing information ("Billing Data").

Credit cards are the only payment mechanism Qarabao will accept for payment of a monthly or yearly subscription fee ("Subscription Fee") for a Paid Plan unless otherwise stipulated or agreed upon. Paid Plans can be paid as either a monthly Subscription Fee or a yearly Subscription Fee, unless otherwise specified.

If You select the Monthly Fee, the credit card that the Merchant provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each Month. The Merchant agrees that Qarabao may charge to the Merchant credit card all amounts due and owing for the Merchant’s Account on that monthly basis or upon cancellation (see "Termination, Breach, Suspension and Cancellation" and "Refund"). If the Merchant selects the Yearly Fee, the credit card that the Merchant provides as part of the Billing Data will be automatically and immediately billed on the day the Merchant signs up. The Merchant agrees that Qarabao may charge to the Merchant’s credit card all amounts due and owing for the Merchant’s Account on that yearly basis unless the Merchant cancels the account (see the "Termination, Breach, Suspension and Cancellation" and "Refund" sections of these Terms of Service). Qarabao will contact the Merchant via electronic mail to alert the Merchant upon each charge. Qarabao may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the Qarabao website and/or electronic mail. the Merchant agrees that in the event Qarabao is unable to collect the fees owed to Qarabao for the Merchant’s Account through the Merchant Subscription Fee, Qarabao may take any other steps it deems necessary to collect such fees from the Merchant and that the Merchant will be responsible for all costs and expenses incurred by Qarabao in connection with such collection activity, including collection fees, court costs and attorneys' fees.

As long as the Merchant’s Account remains active and in good standing, the Merchant will be charged the Subscription Fee even if the Merchant never uses the service. the Merchant may, however, cancel Your Paid Plan at any time.

TERMINATION, BREACH, SUSPENSION AND CANCELLATION

If the Merchant’s Subscription Fee payment is overdue, Qarabao will disable the Merchant’s access to the features provided by the Paid Plan. Qarabao may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate the Merchant’s Account. In the event of suspension or termination, the Merchant account will be disabled and the Merchant may not be granted access to the Merchant’s Account or any files or other Content (including the Merchant’s User Content) contained in the Merchant Account, and Qarabao may delete the Merchant’s User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Qarabao may also withdraw and at its discretion reallocate the public web address of the Merchant’s Account. If the Merchant terminates the Merchant’s Account, via means provided for cancellation on the Qarabao website, or via a phone call or electronic mail to Qarabao, and the Merchant requests that Qarabao deletes The Merchant’s User Content and files contained in the Merchant’s Account, Qarabao will make all reasonable efforts to do so.

REFUND

Qarabao provides means for Account and Paid Plan cancellation on the Qarabao website. If the Merchant cancels the Merchant Account within 90 calendar days of the date of sign up, and the Merchant requests a refund, Qarabao will refund all payments the Merchant have made to Qarabao within the 90 calendar days prior to the cancellation and refund request.

BUYER SECTION

Purchasing a Product

When purchasing products from a Merchant, the Buyer is contracting with the relevant Qarabao Merchant and not with Qarabao, and is purchasing a Qarabao Merchant’s product, not a Qarabao product. Qarabao’s role in this regard is limited to providing to Merchants the platform through which Merchants can market and sell their products to Buyers and receive payment from Buyers and through which Buyers can view, order, and pay for Merchant’s products.

Hence, a Merchant is solely responsible for the fulfillment of all aspects of the Buyer’s order (including the making of timeous delivery of defect-free products to the Buyer) and Qarabao shall not be liable in any manner therefor. Qarabao’s rights and obligations under any purchase from a Merchant will be as agreed between the Buyer and the relevant Merchant, subject to the express provisions contained in this Agreement.

Although Qarabao reserves the right to assist in any disputes between the Buyer and a Merchant in an attempt to resolve the same, Qarabao is not obliged to do so and any disputes must be resolved between the Buyer and the relevant Merchant alone.

STOCK AVAILABILITY

Stocks of all Merchant’s products on offer are limited. Should the Buyer have placed an order and may or may not have paid for a product which is, or has become, sold-out, Qarabao bears no liability for any inaccuracies in the information so supplied to it. Consequently, any resulting dispute thereof shall be resolved solely between the Buyer and the relevant Merchant.

Amounts Payable by the Buyer

Product Prices: The price of each product is displayed with the product.

Shipping Fee: Delivery charges differ depending on the shipping method used by the Merchant and/or what the Buyer and the Merchant have agreed on.

Taxes: It is in the sole discretion of the Merchant to collect applicable Tax. Qarabao assumes that, if the Merchant is a registered VAT vendor, all the Product Prices are already inclusive of VAT. In the event that legal action against the Merchant, which involves Tax payments, is pursued by the government, Qarabao will not be held liable, nor be included in any legal proceedings. In the event that Qarabao is held liable, Merchant shall answer for and/or reimburse, as the case may be, all charges, penalties and interests that may be imposed by tax authorities against Qarabao.

PAYMENTS OF ORDERS

Payment period: Qarabao may impose a payment window, in accordance with the payment provider’s terms, in paying for an order that the Buyer chooses to pay through the Payment Gateway. In the event that the Buyer pays beyond the payment window either willfully, or erroneously, Qarabao is not liable to reimburse the Buyer the amount that the Buyer has paid through the Payment Gateway. Likewise, Qarabao and/or the Merchant has the right to cancel any order that has not been paid within the given payment period.

Delay of shipment of paid orders: When a Buyer pays for an order through the Payment Gateway, Qarabao sends the Merchant a notice of payment confirmation and a proof-of-payment, which guarantees the Merchant of the sales proceeds. Hence, Qarabao shall not be liable for any delay in the shipment of orders to the Buyer due to Merchant holding the shipment until the sales proceeds are deposited, by Qarabao, to his/her Settlement Account.

Direct Payments: Any payments done directly to the Merchant, either by bank deposit, mobile payments, or other channels may be unsecure. Qarabao does not have the capacity to manage any payments done through this method, thus Qarabao will not be liable to any damages caused by non-delivery of product/s or any damages resulting from the transaction done through this method. Customs Duties: Custom duties are the responsibility of the Buyer alone.