Terms and Conditions

 

Welcome to CELLAR FRESH!

These Terms and Conditions ("Terms", "Terms of Service") govern your use of our website located at www.cellarfresh.com (collectively or individually referred to as the "Service") operated by CELLAR FRESH CORPORATION.

CELLAR FRESH CORPORATION, hereinafter referred to as the "Company" ("we", "our", "us").

Our Privacy Policy also governs your use of our service and explains how we collect, safeguard, and disclose information resulting from your use of our website.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the agreements and agree to be bound by them. These terms apply to all visitors, users, and others who wish to access or use our service.

 

COMMUNICATIONS

By using the service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at ask@cellarfresh.com.

 

PURCHASES

If you wish to purchase any product or service made available through the service ("Purchase"), you may be asked to provide certain information relevant to your purchase, including but not limited to, your name, contact information, payment details, billing address, and shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment methods in connection with any purchase; and (ii) the information you provide to us is true, correct, and complete.

We may utilize third-party services to facilitate payment processing and the fulfillment of purchases. By submitting your information, you authorize us to share this information with these third parties, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time due to reasons including, but not limited to, product or service availability, errors in the description or pricing of the product or service, errors in your order, or other factors.

We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

PROMOTIONS

Any contests, sweepstakes, or other promotions (collectively referred to as "Promotions") offered through the service may be subject to rules that are distinct from these Terms of Service. If you choose to participate in any promotions, we advise you to review the relevant rules in addition to our Privacy Policy. In the event of any inconsistency between the rules for a promotion and these Terms of Service, the rules specific to the promotion will take precedence.

 

CUSTOMER SUPPORT AND SERVICES

For assistance on product usage, after-sales support, and service center requirements, please email at ask@cellarfresh.com.

 

CONTENT

The content available on or accessible through this service is the property of CELLAR FRESH CORPORATION or is utilized with permission. You are prohibited from distributing, modifying, transmitting, reusing, downloading, reposting, copying, or utilizing said content, whether in whole or in part, for commercial purposes or personal gain, without obtaining express advance written permission from us.

 

PROHIBITED USES

You may only use the service for lawful purposes and in compliance with the Terms and Conditions. You agree not to use the service:

  • In any manner that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a company employee, another user, or any other person or entity.
  • In any manner that infringes upon the rights of others, or is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the service, or that, as determined by us, may harm or offend the Company or users of the service or expose them to liability.
  • To use the service in any manner that could disable, overburden, damage, or impair the service or interfere with any other party’s use of the service, including their ability to engage in real-time activities through the service.
  • To use any robot, spider, or other automatic device, process, or means to access the service for any purpose, including monitoring or copying any of the material on the service.
  • To use any manual process to monitor or copy any of the material on the service or for any other unauthorized purpose without our prior written consent.
  • To use any device, software, or routine that interferes with the proper working of the service.
  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the service, the server on which the service is stored, or any server, computer, or database connected to the service.
  • To attack the service via a denial-of-service attack or a distributed denial-of-service attack.
  • To take any action that may damage or falsify the company rating.
  • Otherwise, attempt to interfere with the proper working of the service.

 

ACCOUNTS

When creating an account with us, you affirm that you are of legal age and that the information you provide is accurate, complete, and up-to-date at all times. Providing inaccurate, incomplete, or outdated information may result in the immediate termination of your account on the service.

You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to take responsibility for all activities that occur under your account and/or password, whether authorized by you or not, whether the password is associated with our service or a third-party service. You must promptly notify us upon becoming aware of any breach of security or unauthorized use of your account.

You may not use a username that infringes upon the rights of another person or entity, or that is not lawfully available for use, without appropriate authorization. Additionally, usernames that are offensive, vulgar, or obscene are prohibited.

We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders at our sole discretion.

 

INTELLECTUAL PROPERTY

The service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of CELLAR FRESH CORPORATION and its licensors. The service is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without the prior written consent of CELLAR FRESH CORPORATION.

 

ERROR REPORTING AND FEEDBACK

You may provide us either directly at ask@cellarfresh.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other rights, title, or interest in or to the feedback; (ii) company may have developed ideas like the feedback; (iii) feedback does not contain confidential information or proprietary information from you or any third party, and (iv) company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) feedback in any manner and for any purpose.

 

LINKS TO OTHER WEBSITES

Our service may contain links to third-party websites or services that are not owned or controlled by CELLAR FRESH CORPORATION.

CELLAR FRESH CORPORATION has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

 

DISCLAIMER OF WARRANTY

THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY INTERNATIONAL OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME LOCATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

TERMINATION

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of terms.

If you wish to terminate your account, you may simply discontinue using the service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

GOVERNING LAW

These terms shall be governed and construed in accordance with the laws of the Philippines, which governing law applies to the agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have had between us regarding service.

 

CHANGES TO THE SERVICE

We reserve the right to withdraw or amend our service, and any service or material we provide via the service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire service, to users, including registered users.

 

AMENDMENTS TO TERMS

We may amend the terms at any time by posting the amended terms on this website. It is your responsibility to review these terms periodically.

Your continued use of the website following the posting of revised terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

WAIVER AND SEVERABILITY

No waiver by company of any term or condition set forth in the terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the company to assert a right or provision under the terms shall not constitute a waiver of such right or provision.

If any provision of the terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of terms will continue in full force and effect.

 

ACKNOWLEDGEMENT

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Please send your feedback, comments, requests for support by email at ask@cellarfresh.com.