Terms & Conditions

These Terms of Use govern your use of the eatagaylo.com website and, unless otherwise stated, to your use of any other website or mobile application owned or operated by Eatagaylo Delivery Services or operated on behalf of eatagaylo (collectively “our services”). Please read these Terms of Use carefully before using our services.

Agreement to Terms

By using our websites located at www.eatagaylo.com and/or by installing, accessing or using our mobile apps, mobile website, and subscriptions, (hereinafter referred to as "our services"), you agree to these terms or any amendment that www.eatagaylo.com may introduce in the future. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using our services.

eatagaylo.com may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Websites. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using our services.

Accounts

You may be required to create an account to continue using our services. You are responsible in keeping your account secured, as well as maintaining the accuracy of necessary information required, and all other activities under your account. Hence, eatagaylo.com shall not be held liable if the user's account is used by another individual to use/access our services without the account owner's consent. As the account owner, you are solely responsible for safeguarding and maintaining the confidentiality of your username, email address, password, and other information. Therefore, you agree not to share or permit others to use your Account or Password; or assign or transfer your Account to any other person or entity. Also, by creating an account to use/access our site and services, you are at least eighteen (18) years old, and if you are registering for the Services for and on behalf on an entity, that you are authorized to enter into and bind the entity to these Terms of Use. eatagaylo.com reserves the right to change the eligibility criteria for any reason without prior notice. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity. Due to the nature of the business, eatagaylo.com needs to collect personal data including (but not limited to) name, email address, phone number, and address. These data will be used to deliver the goods you order to the accurate location and the correct receiver.

Order Cancellation and Refund Policy

All orders are considered final, so please consider carefully before placing an order. The merchant would have started to prepare the food and therefore no refunds would be possible. In the event of a cash-on-delivery order, your order will be delivered as instructed and cash must be collected by the rider.

If you failed to show up to pay and claim your order for more than 60 minutes of our rider's waiting time on your specified address, your order will be forfeited and the full amount of the order will be added to your next order as payment for the damages and you will be blocked from ordering until you have paid your previous bill.

In the event where delivered goods are incomplete and the order has already been paid in cash, you may contact eatagaylo.com by sending an email or by sending on eatagaylo’s Facebook page. In these rare cases you, may choose to ask the rider to go back to the store to retrieve the missing item(s) or have the total amount of the missing item(s) deducted to the total amount of their next purchase. Also, once the order has been processed, the customer/account owner may no longer change the delivery address. The orders will be delivered to the address indicated in the submitted order/request. If the customer incorrectly specified their delivery address, an address redirection fee not lower than Php 50.00 will be charged to the customer.

For online transactions, the amount of the missing item(s) or if the order has been cancelled by eatagaylo.com or the customer shall be transferred to their online wallet. Note that this will only be applicable if the order has been verified by eatagaylo.com representatives and partner restaurants and only the total net amount is refunded excluding processing fees. Shall the customer insist on refunding the total amount, refund time may take 3 to 10 business days.

Orders may be cancelled due to the reasons listed below:

• Delivery Address is outside serviceable areas
• Ordered Items are unavailable
• Merchant is unable to accept orders
• Extreme weather conditions
• Fake or suspicious orders
• System or network failure
• Other reasons that are deemed to be impossible for delivery operations

Warranties

The materials on eatagaylo.com's website are provided on an 'as is' basis. eatagaylo.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, eatagaylo.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability

eatagaylo.com, their agents, representatives, and service providers, entire liability and your exclusive remedy with respect to your use of the websites is to discontinue your use of the websites. eatagaylo.com, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the websites or for any other claim related in any way to your use of the websites. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, incorrect deliveries, or any other commercial damages or losses, even if eatagaylo.com, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, eatagaylo.com, their agents, representatives and service providers' liability shall be limited to the extent permitted by law.

Governing Law and Severability

These Terms of Use are governed by and construed in accordance with the laws of the Philippines. By continuously using or accessing our services, you agree to comply with all existing laws that apply to our services. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Amendments

eatagaylo.com may revise these terms and conditions of service for its website at any time without notice. By using this website and our services you are agreeing to be bound by the then current version of these Terms of Use.

License

eatagaylo.com and its partners own all images, names, and other forms of digital content on our website. Permission is granted to temporarily download one copy of the materials (information or software) on eatagaylo.com's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Copy or modify the materials
• Use the content and other materials for commercial purposes or any public display (commercial or non-commercial)
• Change or remove any copyright or proprietary notations from the materials.
• Attempt to decompile or reverse engineer any software on eatagaylo.com.
• Transfer the materials to another person or “mirror” the materials on any server.

The license granted in these terms and conditions shall be automatically terminated anytime if the user violates any of these restrictions. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Accuracy of Materials

The materials appearing on our services may contain technical, typographical, or photographic errors. eatagaylo.com does not warrant that any of the materials on its website are accurate, complete or current as we only rely on the information provided by our partner restaurants. eatagaylo.com may make changes to the materials contained on its website at any time without notice. However eatagaylo.com does not make any commitment to update the materials.

Hyperlinks

Our services may contain links to third-party websites or services. eatagaylo.com does not control or promote these websites and therefore, eatagaylo.com is not responsible for the contents of any of these linked sites. The use of any such linked websites is at the user’s own risk.

Order, Pricing, and Payment

All orders placed by users are subject to stock availability. eatagaylo.com reserves the right to amend or reject your orders at any time and without liability or where any product is out of stock, damaged or spoilt, or unavailable for any other reason. eatagaylo.com and its partner restaurants may change the prices of their goods and services without prior notice. We accept payment for orders via PayPal, PayMaya, Visa, MasterCard, and Cash on Delivery. In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery. eatagaylo.com reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per account user or per order. These restrictions may include orders placed by or under user accounts who have refused to pay for their orders previous orders or those who have violated any of the rules and requirements stated in these terms and conditions. eatagaylo.com has the right to ban users who refuse to pay for their goods and claim that their order(s) did not arrive on time, even if the goods were delivered in good condition and within the given time frame, depending on how far the customer’s location is from the merchant that will fulfill the orders.

Deliveries

eatagaylo.com and its riders shall not be held responsible if the goods are delivered to the incorrect address. The customer/user shall be charged for their goods via PayPal or credit card payment. eatagaylo.com, its riders and its partners try their best to prepare and package the goods for delivery. In any such event, eatagaylo.com and its riders shall not be held responsible for damages on decorations or deformation of goods. To avoid incidents involving ruined decorations or deformed goods, please review the comments and notes provided on the descriptions of the goods.

User Submitted Content

Our services include features for users to submit their own review, feedback and ratings. When submitting comments, feedback, and other suggestions, you agree not to falsify any information including (but not limited to) your name and e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. Comments, feedback, and other submissions that may violate the rights of any third party (including copyright, privacy, personality, trademark, and other proprietary right). Any kind of submission shall not contain libelous, unlawful, obscene material or any computer virus or malware that may cause our systems to malfunction or lead to any incident that may affect our operations and services in any way.

Termination of Agreement

These Terms of Use and other related policies are only effective unless amendments have been or made or the agreement has been terminated by eatagaylo.com or the account user. As the owner of the account, you may terminate this agreement and discontinue the use of our services if you are dissatisfied with our Services. To terminate this agreement you may contact our representatives to notify them that you no longer with to use the services offered by eatagaylo.com. Likewise, eatagaylo.com reserves the right to terminate this agreement and block the account user without prior notice if we suspect that you have failed to comply or have violated the provisions stated in these Terms of Use. After the termination, you will remain liable for all amounts due up to the date of the termination of this agreement. You may also be denied of access to our Services.