TERMS & CONDITIONS
Thanks for using the Grab N Go Bar! Please read these Grab N Go Bar terms of service (“Terms of Service”) carefully. These Terms of Service govern your access to and use of the Grab N Go Bar and any updates, upgrades, modified versions, extensions, improvements and derivative works of the foregoing (collectively, the “Service”). By creating an account on the Service, accessing and/or using the Service, you irrevocably agree to these Terms of Service. These Terms of Service govern your use of and Grab N Go Bar’s provision of the Service. If you do not agree to these Terms of Service, you may not create an account on, access or use, the Service. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms of Service; (ii) you have read and understand these Terms or Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent.
1. User Account Registration
1.1. Account Registration and Use License: In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by registering with Grab N Go Bar. When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Service, Grab N Go Bar hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own internal business purposes, until such time as either you or Grab N Go Bar elect to terminate such right in accordance with these Terms of Service.
1.2. Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.
1.3. Credentials: Upon registration for a User Account, you will provide Grab N Go Bar with a user ID and password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify Grab N Go Bar of any suspected or actual unauthorized use of your User Account. You agree that Grab N Go Bar will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
2. Your Use of the Service and Restrictions
2.1. Account and Use of Service: You agree to use your User Account for the Service only for lawful purposes, and only in accordance with these Terms of Service and Acceptable Use Policy. You acknowledge that you have read, understand and agree to Grab N Go Bar`s Terms of Service by this reference.
2.2. Acceptable Use: You shall not use or access the Service to: (i) advertise, promote materials or solicitation related to any product or service that is competitive with Grab N Go Bar products or services, including without limitation, the Service; (ii) transmit or transfer (by any means) information or software derived from the Service to foreign countries, or (iii) to violate or attempt to violate the security of the Service or Grab N Go Bar’s or any third party’s system or network security in any way. In addition, you agree not to, directly or indirectly: (A) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service or any software, documentation or data related to or provided with the Service (“Software”); (B) modify, translate, or create derivative works based on the Service or Software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or Software; (C) use or access the Service to build or support, and/or assist a third party in building or supporting, products or services competitive to Grab N Go Bar; (D) remove any proprietary notices or labels from the Service or Software; or (E) otherwise use the Service or Software outside of the scope of the rights expressly granted herein. You agree to use the Service and Software only for your own internal business operations, and not to transfer, distribute, sell, republish, resell, lease, sublease, license, sub-license or assign the Service or use the Service for the operation of a service bureau or time-sharing service.
2.3. Your Responsibilities: You are responsible and liable for all uses of the Service under your User Account and associated User Account credentials, including without limitation, compliance with all applicable laws and regulations and third party terms.
3. Intellectual Property
3.1. All trademarks, logos, images, and marks, including these Terms as displayed on the Platforms or in our marketing materials are the intellectual property of Grab N Go Bar and/or third parties who have authorized us with the use of such. You may not use, copy, reproduce, upload, transmit, distribute, or modify these Trademarks in any way without any prior express written consent from us. The use of our trademarks on any other website not approved by us is strictly prohibited. Grab N Go Bar neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with. Use of any materials on the Platforms is at your own risk.
4. Our Security and Data Privacy Practices
4.2. Terms that apply to your data: You will retain ownership of any data, information or material originated by you that you transmit through the Service ("User Content") – for example, User Content from your accounts with Third Party Services that passes through the Service. By transmitting User Content through the Service, you hereby grant to Grab N Go Bar, non-exclusive, limited term license to access, use, process, copy, distribute, perform, transmit, export and display User Content and to access your User Account, as reasonably necessary.
4.3. Your Data Compliance Obligations: You shall be solely responsible for the accuracy, quality, content, transmission and legality of User Content and Your Posts, and any actions triggered by User Content. You represent and warrant that (i) you have obtained all necessary rights, releases and permissions to transmit User Content through the Service and for any actions triggered by User Content, post Your Posts on the Service and to otherwise have User Content and Your Posts used as described in these Terms of Service, (ii) User Content, Your Posts and their transmission, processing, posting and use as you authorize in these Terms of Service will not violate any laws or regulations, the Acceptable Use Policy or any Third Party Services terms, and (iii) none of Your Posts will constitute obscene, pornographic, indecent, profane or otherwise objectionable material.
4.4. Enforcement: Grab N Go Bar reserves the right, but does not undertake the obligation, to monitor the Service and to investigate and take appropriate legal action against any party that uses the Service in violation of applicable law, these Terms of Service or the Acceptable Use Policy. Grab N Go Bar reserves the right to accept, reject or modify any User Content or Your Posts but assumes no liability based on its acceptance, rejection, modification or failure to modify any User Content or Your Posts.
5. Proprietary Rights and Improving the Service
5.1. Grab N Go Bar Service: The Service is made available on a limited access basis, and no ownership right is conveyed to you. We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to the Service, including all modifications, updates, upgrades, extensions, components and all derivative works to the Service. All our rights not expressly granted under these Terms of Service are hereby retained.
5.2. Improving the Service: Notwithstanding anything to the contrary set forth herein or otherwise, Grab N Go Bar will have the right to collect and analyze data and other information relating to the provision, use or performance of the Service and related systems and technologies (including information concerning the use of User Account and data derived therefrom), and to aggregate and/or de-identify all such data and information. Grab N Go Bar will be free at any time to: (i) use such information and data to improve and enhance the Service; and (ii) disclose such data in aggregate or other de-identified form in connection with its business.
6. Linked Third Party Services
6.1. The Service may contain links to and integrations with third party websites, applications and services (“Third Party Services”), and you agree that Grab N Go Bar provides links to and integrations with such Third Party Services solely as a convenience and has no responsibility for the content or availability of such Third Party Services, and that Grab N Go Bar does not endorse such Third Party Services (or any products or other services associated therewith).
6.2. Access to any Third Party Services linked to the Service is at your own risk, and Grab N Go Bar is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such Third Party Services. Your use of such Third Party Services will be subject to the terms applicable to each such Third Party Services. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Service or any terms applicable to such Third Party Services.
7.1. Disclaimers: Except as expressly set forth immediately above, you acknowledge and agree that the service is provided strictly on an “as is” and “as available” basis, and grab n go bar makes no warranty that the service is complete, suitable for your purpose, reliable, useful or accurate, and on behalf of itself and its licensors, grab n go bar hereby expressly disclaims any and all implied, statutory or other warranties with respect to the service or the availability of the foregoing, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and no infringement. The entire risk as to results obtained through use of the service rests with you.
7.2. Grab N Go Bar and its licensors will not be liable or responsible in any way for any losses or damage of any kind incurred as a result of the use of or reliance on any material contained on the service. Grab n go bar makes no representation or warranty that the availability of the service will be uninterrupted, or that the, service will be error free or that all errors will be corrected. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
7.3. Your Indemnification Obligations: You hereby irrevocably agree to indemnify, defend and hold Grab N Go Bar, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to any claim arising from or related to your breach or alleged breach of these Terms of Service.
8. Limitation of Liability
8.1. To the fullest extent permitted by applicable law, and except for excluded claims (as defined below), neither party nor their licensors (and in the case of Grab N Go Bar, any grab n go bar extended team) shall be liable to the other party for any (a) indirect, incidental, consequential, punitive, special, exemplary or statutory damages (including, without limitation, loss of business, loss or profits, loss of revenue, loss of data, loss of goodwill or for any cost of cover or cost of procurement of substitute goods or services), even if such party has been advised of the possibility of such damages, and regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence, or (b) amounts in the aggregate that exceed the fees paid by you to grab n go bar hereunder in the twelve (12) months preceding the date the claim arose.
9.1. Grab N Go Bar may give notice applicable to Grab N Go Bar`s general Service customer base by means of a general notice on the Service portal, and notices specific to you by electronic mail to your email address on record in your User Account.
9.2. You are responsible for ensuring that your contact information is accurate and up to date in your User Account. If you have a dispute with Grab N Go Bar, wish to provide a notice under these Terms of Service, or become subject to insolvency or other similar legal proceedings, you must promptly send written notice to Grab N Go Bar.
10.1. Grab N Go Bar has the right to terminate, suspend or delete your account and access to the Platforms, including any service we provide for any reason, including, without limitation, if Grab N Go Bar, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Grab N Go Bar may, but shall be under no obligation to, provide you a warning prior to termination of your use of the system.
11.Modifications to Terms of Service
11.1. Grab N Go Bar expressly reserves the right to modify the Terms of Service at any time in its sole discretion by including such alteration and/or modification in these Terms of Service, along with a notice of the effective date of such modified Terms of Service.
11.2. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must discontinue using the Platforms immediately.
12.1. These Terms of Service and the policies or terms expressly referenced and incorporated into these Terms of Service, constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected.
12.2. These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and Grab N Go Bar relating to the subject matter hereof. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.
12.3. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms of Service. These Terms of Service are intended to be and are solely for the benefit of Grab N Go Bar and you and do not create any right in favor of any third party.
12.4. These Terms of Service will be governed by and construed in accordance with the laws of the Philippines, without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Manila City, Philippines, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
In compliance with the R.A. 11073 otherwise known as “Data Privacy Act” and its Implementing Rules and Regulations, I allow U-Town Innovations Corporation to:
1. Collect, generate, use, process my personal data for the purpose described in this document;
2. Store and retain my information for a period of 2 years from the date of termination of Contract;
3. Share my information to affiliates and necessary third parties for any legitimate business purpose;
4. Inform me of future customer campaigns and base;
5. Revise this document from time to item, as necessary.
I also acknowledge and warrant that I have acquired the consent from all parties relevant to this consent and hold free and harmless U-Town Innovations Corporation from any complaint, or damages which I, or any party may file or claim in relation to my consent.