Welcome to the Dizon Farms Delivers website and mobile application (jointly referred to as “dfdelivers”). This page tells you the terms and conditions of how we provide our service to you. Please read these terms and conditions carefully before using or purchasing from our Website.

Each time you use the Websites, you reaffirm your acceptance of these Terms and Conditions. If you do not wish to be bound by these terms and conditions, your only remedy is to discontinue using the Websites

Dizon Farms reserves the right to change, suspend, or discontinue the Website (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. We may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.

CUSTOMER ACCOUNT

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your account on our Website.

You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password.

You may close your account at any time by requesting to do so. We may suspend your access to your account, or close it permanently if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Website.

SERVICE AVAILABILITY

Dizon Farms stores or warehouses have a prescribed delivery area. This delivery area may change at any time due to several factors such as weather, traffic condition, or demand for our service. This is to ensure that the produce you ordered reaches your doorstep at their best. Each store or warehouse decides its own operating hours. That means that the availability of our service depends on our stores or warehouses in your area. If you try to order a delivery to a location outside the delivery area or operating hours, we will notify you that ordering would not be possible.

ORDERS

When you place an order through our Website, it needs to be accepted by us. We will send you a notification if your order has been accepted. The contract for the supply of any produce you have ordered comes into existence when we send the notice of order acceptance. You are responsible for paying for all produces ordered using your account, and for related delivery charges, and for complying with these terms and conditions, even if you have ordered the produce for someone else.

CANCELLATION

• Cut-off time for cancellation of orders is at 6:00 A.M. on your scheduled date of delivery.
• Because our produce is perishable, cancellation after the said cut-off is not allowed, as we already allocated and prepared them intended for your order.
• In case of cancelled orders with prepayments online, please refer to our refund policy.

DELIVERIES

When you use our Website, we will inform you of the estimated delivery time for your produce before you place the order. We shall attempt delivery as soon as possible, you must, therefore, be available to accept delivery from the time you place the order. Unfortunately, despite our best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time.

You must provide the correct shipping address of your order for it will be our basis in delivering the produce. We are not liable for the any delay on the delivery of the produce due to wrong shipping address provided by the customer. Your contact number provided must be correct and active at all times for ease of communication during delivery.

Should there be several unsuccessful attempts to contact you on your scheduled delivery date, your order will be tagged as undelivered if your order is cash on delivery. However, should you already paid via online payment, we will try again to deliver the produce the next day as our last attempt. No refunds shall be offered to you if we are still unsuccessful to deliver the produce the next day since our produce are perishable.

RETURNS

• We at Dizon Farms, have a mission to always provide customers high quality fresh produce. In line with these, for cases where the quality of the produce does not meet the expectation of the customer, we highly encourage our customers to call our attention through our email and phone numbers posted in our page to immediately address the issue
• Failure to raise complaints within 24 hours upon receipt of the items would waive the customer’s right for product replacement or refund.
• Upon investigation and verification, we will gladly offer replacement of the produce delivered on the following reasons:

1. Wrong produce delivered
2. Received damaged/poor quality produce

• Replacement shall be made provided that the customer will return the original item delivered. We will strictly follow “No Return, No replacement” policy.
• Should the customer refuse our kind offer to replace the produce delivered, the customer may opt to refund the prepayment made online, subject to our refund policy for the excess payment made by the customer.
• Should the customer refuse to take possession of the produce upon delivery without any justifiable means, there will be no refunds to be offered by the company

REFUND OF PAYMENT

For any excess payment made, we gladly offer three (3) options with the customer:

1. Order another product with us to cover the excess payment made
2. Credit the excess payment to future purchases
3. Request for a refund subject to the respective banks and/or payment provider’s internal processing time

ACCEPTABLE USE

You may use our Service only for lawful purposes. You may not use our Website in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our “Content Standards” below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Website or any technical resources used in the provision of our service.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Website (the “Contribution”). You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable laws in the Philippines and in any country from which they are posted. Contributions must not:

• contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right, or trademark of any other person;
• be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

Failure to comply with “Acceptable Use” and/or “Content Standards” in these “Terms and Conditions” constitutes a material breach of the terms and conditions, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Website;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

INTELLECTUAL PROPERTY RIGHTS

We are the owner of or the licensee of all intellectual property rights in our Website and our service, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

PRIVACY POLICY

You acknowledge and agree that Dizon Farms may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms and Conditions.

UPDATES

Dizon Farms reserves the right, at its sole discretion, to update, change, modify, add, or remove any portion of these terms and conditions in whole or in part, at any time. Changes here will be effective immediately after they are posted on this page. Your continued use of the Website after any updates and changes to these terms and conditions are posted will be considered acceptance of those changes.

OUR LIABILITY

We have taken every care in the preparation of our Website and our service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Website or our service. If we are informed of any inaccuracies on our Website or in our service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third-party may incur in connection with our Website, our service, and any sites linked to our Website and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

RELEASE FOR FORCE MAJEURE

Dizon Farms and its officers, directors, employees, agents, content providers, customers, and suppliers shall be absolved from any claim or damages resulting from any cause(s) over which Dizon Farms or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

OTHER TERMS

If either we or you have any right to enforce these Terms and Conditions against the other, that right will not be lost even if the person who has the right delays enforcing it or waives their right to enforce it in any instance.  If a court or other authority decides that any part of these Terms and Conditions is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.

We may change these Terms and Conditions from time to time. If we make any changes that affect your rights in relation to our Website, we will notify you. Changes to the Terms and Conditions will not affect any orders you have placed where we have sent the notice of order acceptance. These Terms and Conditions are governed by the Philippine law and you can bring legal proceedings in relation to our Website in the Philippine courts.