Enclosed herein are the terms and conditions (TERMS) by which ("YOU” or "USER”) may use the Craviors Platform (PLATFORM), be it through its website (SITE) or through the Craviors App (APP), which both facilitate the SALE (an offer to sell, for valuable consideration and other forms of exchange of goods and items capable of pecuniary estimation) and "PURCHASE” (a request to acquire for valuable consideration) of food items through the Craviors App or Site.
Before agreeing to use the platform, please peruse these terms carefully. Using the App or the Site amounts to ratification and consent to be bound by these terms whether or not you become a registered user of Craviors.
These terms govern the user’s access and use of the App or the Site and constitute a binding legal agreement between the user and Craviors. It is recommended that the user prints and keeps a copy of these terms for future reference. This is due to the fact that these terms are subject to change from time to time, and you are advised to review the terms you agreed to.
Section 1 provides terms applicable to all users of the app. Additionally, Section 2 shall apply to users who register as a "FOODIE” (the buyer of a food item offered for sale on the platform). Section 3 shall apply to users who register as a COOK (an individual or a juridical person offering food items for sale on the platform.
The app and the site are proprietary technologies of Craviors Online Store (CRAVIORS), registered in the Republic of the Philippines, and located at Level 10-1 One Global Place, 5th Avenue Corner 25th Street, Bonifacio Global City, Taguig, Philippines. Alternatively, Craviors may also be reached at firstname.lastname@example.org.
Craviors is an online food marketplace that provides a facility for cooks to advertise (PUBLISH) food items for the purpose of making a sale to foodnatics. It also provides a facility for foodnatics to (BROWSE) food items for purchase. Both foodnatics and cooks interact with the platform and one another through personalized profiles (PROFILES).
Craviors may suspend services on the app and on its site for any reason whatsoever and shall not be liable to foodnatics or cooks for any losses, damages or expenses arising from suspension of service.
Craviors may make any changes to the functionality and content of the app or discontinue any aspect of the service provided without prior notice to users.
Craviors relies on third party hosting, data analytics and telecommunications providers to effectively render service and make its platform available to both cooks and foodnatics. It takes all reasonable measures available to provide quality service. However, Craviors cannot warrant that service on its site and the app will go uninterrupted or remain free of fault. Craviors absolves itself of all liability for any losses suffered by users resulting from issues with its app and site caused by third party service providers.
2. User Warranty
All users of the Craviors platform warrant the following:
- The user’s legal capacity to enter into binding contracts.
- The user is of legal age in his/her governing jurisdiction.
- That no circumstances created by law within the governing jurisdiction of the user would preclude him/her from using this platform and entering into binding contracts therein.
3. Registration and Access
Users of the platform must complete registration either as a foodnatics or as a cook. Upon completion of registration procedures, users will be governed by policies herein covering both foodnatics and cooks.
Users are provided access to the Craviors platform. Despite the grant of this access, users are prohibited from using any means to interfere with the functionality of the Craviors platform nor engage in an improper use of the same.
Disruptive activity which may, intentionally or otherwise, damage or overburdens the Craviors platform will be prosecuted through due process of law. Users are also prohibited from using processes that monitor the Craviors platform or copy its contents without prior consent from the company. Craviors also has the right to refuse to grant a user’s application for any reason.
4. User-Provided Information
The onus is on the user of the Craviors platform to ensure that the information he/she provides is accurate and correct. In the event of any changes to a user’s information, it is imperative that Craviors is notified of the same. The user is also responsible for safeguarding their information.
Craviors reserves the right to suspend a user’s login details without notice if there is any indication of a breach of the terms and conditions stated in this document.
5. Obligations of Users
Users are bound by these terms and conditions to:
- Interact with the Craviors platform in full compliance of all applicable laws
- Be solely responsible for all interactive content he/she generates on the Craviors platform.
- Absolve Craviors of any liability arising from his/her use of the Craviors Platform.
- Not to disseminate private information of any third party
- Not to engage in any offensive/aggressive/abrasive behavior on the platform
- Not to utilize the Craviors platform to advertise and third party product or service.
- Not to engage in any activity on the platform that will be to the detriment of Craviors or other users.
6. Delimitation of Company of Liability
Craviors absolves itself of any liabilities arising from losses incurred by users from reliance on content published on the platform. Such content is design to be recommendatory only, and unique circumstances applicable to the user’s food business may yield a different end result when following advice published on Craviors.
Craviors absolves itself of any liabilities arising from losses incurred by users through the use of the platform provided that it has exercised due diligence in ensuring that it has created a functional platform for Foodnatics and Cooks alike. Should any problems arise with the functionality of the platform, Craviors is absolved of any liability provided that it has made good use of a reasonable time is given for it to rectify the same.
Craviors absolves itself of any liabilities arising from losses incurred by users stemming from or as an immediate result of actions of government agencies or private third parties.
Craviors absolves itself of any liabilities arising from acts of God or any circumstance arising from causes beyond its control.
7. Proprietary Information
Craviors in accepting user registration does not relinquish any intellectual property rights related to the platform.
8. Remedies Against Other Users
Craviors is an interactive platform. It will exercise reasonable measures to ensure the comfort and safety of all users. In the event of any complaint against another user, users may submit the details thereof to email@example.com.
Non-insistence on the part of Craviors on any of the rights it is entitled to as stated in these terms and conditions will not constitute a waiver of the same. It does not relieve users from strict compliance with any of their stated obligations herein.
10. Invalidation and Amendment of Terms and Conditions
Only portions of these terms determined unenforceable by law will be invalidated and treated separately from the rest of the terms which remain in full force. These terms may be amended upon reasonable notice to the users of the Craviors platform.
Due to the increasing demand for Cash on Delivery Purchases, Craviors Management has decided to take measures to make this service available and afford buyers the security they expect from online purchases. Based on studies we have conducted based on inquiry traffic, between 50 to 70% of potential customers on a weekly basis inquire regarding the availability of COD services.
Implementation on the Craviors Platform
COD will be implemented for home cooks immediately on the platform. No change is required on the part of the home cooks to enable this. Once Craviors starts accepting COD orders, the following will occur:
1. Once the order is placed the order will be reported as "PENDING” and "CASH ON DELIVERY” will be indicated.
2. The buyer will be vetted by Craviors to be qualified for COD services on your behalf. This is an extra service that we will be providing to our home cooks who may be uneasy about COD operations. A Craviors admin assistant will conduct the verification by phone, social media and email. Once a buyer is verified to be authentic, the order status will be converted to "PAID”.
3. The home cook can then proceed to make the order. Once the order is prepared, Craviors will handle the booking of the rider who will deliver the product. Upon the exchange of the order for payment, the status of the order will be changed to "DELIVERED” and payment will be released to the home cook.
4. SPECIAL CASES FOR 3rd Party Riders – In the event that the payment for the COD order is directly transmitted by the rider to the seller, Craviors will take its commission from the Home Cook’s e-Wallet. In the event that there is not enough in the e-Wallet to cover the commission, this will be deducted from future orders.
Warranties and Liabilities
Due to the perishable nature of food items sold on the Craviors Platform, there are risks associated with the processing of COD orders. The industry of our home cooks is our priority and we will be going through lengths to verify the authenticity of buyers and the legitimacy of their orders. Furthermore, the following obligations and warranties are set forth:
A. Obligations of the Buyer for COD Orders
By creating an account on Craviors and submitting an order payable by Cash on Delivery (COD) a buyer of food items on the platform warrants:
1) That the details of the order are complete and accurate.
2) That the cost of the order shall be duly paid to the rider delivering it in full upon receipt of the food items.
3) That the order will not be cancelled, refused or the details indicated therein changed apart from the following valid reasons:
- Tardiness on the part of the home cook on pickup and delivery
- Acts of God that prevent the delivery or receipt of the item
- Incorrectness of the order delivered
- Breakage/excessive spillage of the food items due to substandard packaging methods used by the home cook.
-Spoilage of food items
4) That the buyer is aware that non-compliance with Craviors’ policies on COD transactions may result to legal action being taken by Craviors and termination of their Craviors account without prior notice.
B. Obligations of the Home Cook for COD Orders
By creating an account on the Craviors Platform and becoming bona fide seller of food items therein, the seller warrants:
1) That COD food orders will be prepared in a timely fashion to meet the indicated time for order pickup.
2) That the said orders are packaged securely in a manner that is fit for transit without resulting in breakages and spillage.
3) That the food order is complete and accurate upon turnover to the rider designated by Craviors.
4) That the food is fit for consumption upon turnover to the rider and delivery to the buyer.
5) That non-compliance with Craviors’ policies on COD transactions for home cooks may result in the home cook being liable for the costs for the order.