PICKUP COFFEE

TERMS OF USE

These Terms of Use (“Terms”) govern your use of the websites and mobile applications (“PICKUP App”) provided by PICKUP COFFEE. By accessing and using the PICKUP App, you agree that you have read, understood, and accepted the Terms including any additional terms and conditions, and any policies referenced herein, available on the PICKUP App. If you do not agree to or fall within the Terms, please do not use the PICKUP App.

The PICKUP App may be used by (i) natural persons at least eighteen (18) years of age, and (ii) juridical persons (by way of corporate accounts) (“Users”).

Users below the age of eighteen (18) must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms, shall agree to take responsibility for your actions and any charges associated with your use of the PICKUP App and/or purchase of goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using and accessing the PICKUP App immediately.

PICKUP COFFEE reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the PICKUP App following the date on which the amended Terms are posted.

1. PICKUP COFFEE

Through our PICKUP App, PICKUP Coffee allows you to order beverages and other food and/or non-food items (“Goods”) from any of the stores (“Stores”) owned by PICKUP Coffee.

2. Use of the PICKUP App and PICKUP Coffee Account

2.1.You will need to register for a PICKUP Coffee account (“PICKUP Coffee Account”) for you to use the PICKUP App. When you register for a PICKUP Coffee Account, we will ask you to provide your personal information including, your full name, a valid email address, a mobile phone number and a unique password (“User’s Details”). We reserve the right to request further information or documentation from you to comply with our legal obligations. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your PICKUP Coffee Account are your sole responsibility.
2.2.PICKUP Coffee shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect, or missing information provided by you. You are obliged to provide information that is complete, accurate, and truthful for the proper processing of the Order, including your delivery address and contact information.
2.3.If you wish to delete your PICKUP Coffee Account, please send us an email requesting the same. We may restrict, suspend, or terminate your PICKUP Coffee Account and/or use of the PICKUP App if we reasonably believe that:

2.3.1.someone other than you is using your PICKUP Coffee Account; or
2.3.2.where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the PICKUP App.

3. Restrictions

3.1.Activities Prohibited on the PICKUP App

You may not access or use the PICKUP App for any other purpose other than that for which the PICKUP App makes it available. The PICKUP App are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the PICKUP App.

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the PICKUP App. PICKUP Coffee reserves the right to investigate and take appropriate legal action against anyone who, in PICKUP Coffee's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to, the following:

3.1.1.using the PICKUP App for any purpose in violation of national or local laws and regulations;
3.1.2.posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of PICKUP Coffee or any party;
3.1.3.posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to PICKUP Coffee or to any other person or entity as determined by PICKUP Coffee in its sole discretion or pursuant to local community standards;
3.1.4.posting content that constitutes cyber-bullying, as determined by PICKUP Coffee in its sole discretion;
3.1.5.posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
3.1.6.posting telephone numbers, street addresses, or last names of any person;
3.1.7.posting URLs to external websites or any form of HTML or programming code;
3.1.8.posting anything that may be "spam," as determined by PICKUP Coffee in its sole discretion;
3.1.9.impersonating another person when posting content;
3.1.10.harvesting or otherwise collecting information about others, including email addresses, without their consent;
3.1.11.allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12.harassing, threatening, stalking, or abusing any person or entity on the PICKUP App;
3.1.13.engaging in any other conduct that restricts or inhibits any other person from using or enjoying the PICKUP App, or which, in the sole discretion of PICKUP Coffee, exposes PICKUP Coffee or any of its customers, suppliers, or any other parties to any liability or detriment of any type;
3.1.14.encouraging other people to engage in any prohibited activities as described herein;
3.1.15.engaging in activity which infringes on PICKUP Coffee's trade secrets; or
3.1.16.any other prohibited activities as may be listed in our Acceptable Use Policy, which is incorporated by reference herein and accessible on our website.

3.2.PICKUP Coffee reserves the right, but is not obligated to do, any or all of the following:

3.2.1.investigate an allegation that any content posted on the PICKUP App does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
3.2.2.remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3.suspend or terminate a User's access to the PICKUP App or their PICKUP Coffee Account upon any breach of these Terms;
3.2.4.monitor, edit, or disclose any content on the PICKUP App; and
3.2.5.edit or delete any content posted on the PICKUP App, regardless of whether such content violates these standards.

3.3.PICKUP Coffee shall not be liable for fraud, misuse, or other misconduct involving the earning, redemption or use of PICKUP POINTS, which may result in the immediate cancellation or termination of the relevant PICKUP COFFEE account and the forfeiture of the PICKUP POINTS and other awards and privileges in connection thereto.

3.4.Without prejudice to other grounds for account cancellation and forfeiture of PICKUP POINTS set forth elsewhere in these Terms, PICKUP Coffee reserves the right to forfeit any and all points earned from any and all types of transactions, and/or cancel the account, at PICKUP COFFEE's sole discretion, in any or all of the following instances:

a. Death or legal incapacity of User;
b. Violation of PICKUP COFFEE Terms of Use;
c. Abuse or mis-use of the PICKUP App, fraudulent, unauthorized or unlawful transactions on the PICKUP APP (e.g. fraudulent, unauthorized or unlawful PICKUP POINTS redemption); or
d. Other reasonable ground/s as may be determined by PICKUP COFFEE.

4. Intellectual Property

All trademarks, logos, images, and service marks, including these Terms as displayed on the PICKUP App or in our marketing material, whether registered or unregistered, are the intellectual property of PICKUP Coffee and/or third parties who have authorised us to use their trademarks, logos, images, and service marks ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of PICKUP Coffee's trademarks on any other website not approved by us is strictly prohibited. PICKUP Coffee will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. PICKUP Coffee neither warrants nor represents that your use of materials displayed on the PICKUP App will not infringe rights of third parties not owned by or affiliated with PICKUP Coffee. Use of any materials on the PICKUP App is at your own risk.

5. Restriction on Goods

Some of the Goods we offer on our PICKUP App may contain alcohol/alcoholic products, and are subject to restrictions for purchase ("Alcoholic Goods"). To purchase Alcoholic Goods, you must be of the statutory legal age. PICKUP Coffee and their delivery riders, as the case may be, reserve the right in their sole discretion:

to ask for a valid proof of age (e.g. ID card) from any person upon delivery of Alcoholic Goods;
to refuse delivery if you are unable to prove you are of legal age; and/or
to refuse delivery to any person for any reason whatsoever.

6. Orders

6.1.When you place an Order with PICKUP Coffee, PICKUP Coffee will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (i.e., VAT).
6.2.Minimum Order Value – We may require minimum order value ("MOV") before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or adding more Goods to your Order.
6.3.Special Instructions – PICKUP Coffee shall reasonably endeavour to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, PICKUP Coffee reserves the right to proceed to prepare the Order in accordance with standard operating procedures. PICKUP Coffee shall not be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4.Allergens – PICKUP Coffee is not obligated to provide ingredient information or allergen information on the PICKUP App. Further, PICKUP Coffee does not guarantee that the Goods are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact PICKUP Coffee before placing an Order on our PICKUP App.
6.5.Order Limits – Due to delivery constraints, PICKUP Coffee may be required to impose a cap on the amount of your Order or limit the quantities of Goods in your Order at its sole discretion.
6.6.Prior to placing the Order:

6.6.1.You have the option to provide your location in order for the PICKUP Coffee App to display the Stores available in your delivery area.
6.6.2.Once you select a PICKUP Store, you will be taken to that Store's menu page for you to select and add your Goods to the cart.

6.7.Placing the Order – To complete an Order, please follow the onscreen instructions on the "Cart" screen. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, branch details, order pickup time, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click "PLACE ORDER". An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

6.8.Cancelling an Order and Refunds

6.8.1.Refunds

6.8.1.1.Online Payment Orders – You have the right to a refund for a cancelled Order only if PICKUP Coffee has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by PICKUP Coffee, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.
6.8.1.2.If you are entitled to a refund in accordance with the refund and cancellation policies set out in these Terms, you agree that the default mode of refund for Orders in which payments were done through a credit card, debit card, or any other online payment method like GCash, will be a refund to your PICKUP In-App Wallet. The amount approved for refund to you shall be at PICKUP Coffee's sole discretion.
6.8.1.3.We may require you to provide additional information or supporting documents prior to processing any refund, including pictures of the physical receipts for Pickup Orders. We may, in our sole discretion, refuse to process any refund if you fail to provide such additional information or supporting documents.
6.8.1.4.If you have not received a refund, through your PICKUP In-App Wallet, or wish to request for a refund through your original online payment method, please contact customer support via one of the methods set out in Clause 1.2 above. The grant of any such refund shall be at the sole and absolute discretion of PICKUP Coffee. Furthermore, depending on the policies of your financial institution, be advised that such processing may take up to forty-five (45) days to be reflected in your account. Please contact the concerned financial institution for any follow-ups related to the refund being reflected in your account.

6.8.2.PICKUP Coffee reserves the right to cancel any Order and/or suspend, deactivate or terminate your PICKUP Coffee Account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your PICKUP Coffee Account and/or with your Order.

7. Prices and Payments

7.1.Prices quoted on the PICKUP App shall be displayed in Philippine Peso and subject to applicable tax. Prices and offers on the PICKUP App may vary from the prices and offers in our Stores.
7.2.Delivery fees are chargeable on every Order unless:

you opt to collect your Order by pick-up in our Stores;
you have a valid promotional or discount voucher and apply it at Checkout; or
unless stated otherwise.

7.3.Prices indicated on the PICKUP App are as at the time of each Order and may be subject to change.
7.4.You can choose to pay for an Order using any of the different payment methods offered on the PICKUP App including, without limit to:

Our payment partners: GCash, Maya; or
Such other payment methods we offer from time to time.

7.5.If you have existing credit in your PICKUP Coffee Account or valid promotional or discount vouchers, you can use this to pay for part or all of your Order as the case may be.
7.6.After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
7.7.Payment Methods – PICKUP Coffee reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. PICKUP Coffee does not store your credit card or payment information.
7.8.You must ensure that you have sufficient funds on your credit and debit card to fulfill payment of an Order. Insofar as required, PICKUP Coffee takes responsibility for payments made on our PICKUP App including refunds, chargebacks, cancellations, and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

8. Order Pickup

8.1.Your app confirmation will indicate the time for you to pickup the Order ("Collection Time"). PICKUP Coffee will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. PICKUP Coffee shall hold the Order for you at the Store for no more than a reasonable period of twenty (20) minutes from the Collection Time ("Holding Time") and shall not be obliged to provide the Order to you if you fail to pickup your Order within the Holding Time.
8.2.Wrong Order, Missing Items, Defective Goods – Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.2 above immediately. In some cases, PICKUP Coffee may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
8.3.In the event of unreasonable delays in pickup attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order, and shall report any issues and/or defects to the Store employees, before leaving Store Premises.

9. PICKUP Merch

9.1.The PICKUP COFFEE merchandise is exclusively available for purchase from selected stores in the PICKUP COFFEE app. Visit our Instagram and Facebook page for the full list of stores.
9.2.Refunds

9.2.1.You have the right to a refund for a cancelled order of the merchandise only if the item purchased is out of stock. Should you still decide to cancel your order after it has been paid and accepted by PICKUP COFFEE, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled order.
9.2.2.If you are entitled to a refund in accordance with the refund and cancellation policies set out in these Terms, you agree that the default mode of refund for PICKUP COFFEE merchandise orders in which payments were done through any other online payment method like GCash and Maya, will be credited as refund with a voucher that consists of PICKUP POINTS, which may take up to five (5) business days. The amount approved for refund to you shall be at PICKUP COFFEE's sole discretion.

9.3.Exchanges

9.3.1.Exchanges are allowed only if the merchandise received is proven to have physical damage upon purchase, unused and unworn, and raised within 7 days of purchase. Proof of damage must be provided and is subject to approval of PICKUP COFFEE.
9.3.2.If you are entitled to a refund in accordance with the exchanges policies set out in these Terms, you agree that exchanges are only allowed for the same item bought.

10. Vouchers, Discounts and Promotions

10.1.From time to time, PICKUP Coffee may run marketing and promotional campaigns which offer cashbacks, voucher codes, discounts, and other promotional offers to be used on the PICKUP App ("Vouchers"). Vouchers are subject to validity periods, and redemption periods, and in certain cases, may only be used once.
10.2.Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
10.3.Unless otherwise stated, Vouchers can only be used on our PICKUP Coffee App.
10.4.Vouchers cannot be exchanged for cash.
10.5.PICKUP Coffee reserves the right to void, discontinue or reject the use of any Voucher without prior notice.

11. Comments and Feedbacks

11.1.PICKUP Coffee App may offer you opportunity to post and exchange opinions and information. PICKUP Coffee does not filter, edit, publish, or review comments prior to their presence on the PICKUP App. To the extent permitted by applicable laws, PICKUP Coffee shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
11.2.PICKUP Coffee reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
11.3.You warrant and represent that:

You are entitled to post the comments on the PICKUP App, and have all necessary licenses and consents to do so;
The comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
The comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

11.4.You hereby grant PICKUP Coffee a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.

12. Representations, Warranties and Limitation of Liabilities

12.1.Representations and Warranties – You acknowledge and agree that the content on the PICKUP App is provided on an "as is" and "as available" basis, and that your use of or reliance upon the PICKUP App and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While PICKUP Coffee makes reasonable efforts to ensure the provision of the PICKUP App and the services we offer, are available at all times, we do not warrant or represent that the PICKUP App shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the PICKUP App due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications or events of force majeure. You agree that all risks arising from online transactions will be borne by you.
12.2.Limitation of Liability – To the extent permitted by law, PICKUP Coffee (which shall include its employees, directors, agents, representatives, affiliates and parent company) excludes 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 PICKUP App, our services, and any website linked to our PICKUP App and any content or material posted on it. Your exclusive remedy with respect to your use of the PICKUP App is to discontinue your use of the PICKUP App. The PICKUP Coffee entities, 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 PICKUP App or for any other claim related in any way to your use of the PICKUP App. These exclusions for indirect, special, consequential, and exemplary damages including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the PICKUP Coffee entities, 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.

13. Data Privacy

You agree and consent to PICKUP Coffee and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy.

14. Indemnity

You agree to indemnify, defend, and hold harmless PICKUP Coffee, its directors, officers, employees, representatives, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising out of or in connection with any of the following:

your use of the PICKUP App in your dealings with any third parties, including, but not limited to, the delivery agents, and other users of the PICKUP App;
your breach of these Terms or any applicable law or regulation;
your violation of any rights of any third-party; or
your misuse of the Services and/or the PICKUP App.

15. Third-Party Links and Websites

The PICKUP Coffee App may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. PICKUP Coffee does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. PICKUP Coffee accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.

16. Termination

PICKUP Coffee has the right to terminate, suspend, or delete your PICKUP Coffee Account and access to the PICKUP App, including any delivery service we provide to you in respect of an Order, with immediate effect for any reason, including, without limitation, if PICKUP Coffee, in its sole discretion, considers your use to be unacceptable, or in case of noncompliance or serious suspicion of non-compliance with the applicable laws, including, but not limited to, anti-money laundering and terrorist financing laws and regulations, or in the event of any breach by you of the Terms. PICKUP Coffee may, but shall be under no obligation to, provide you a warning prior to termination of your use of the PICKUP App.

17. Amendments

PICKUP Coffee may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the PICKUP App. 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 stop using the PICKUP App immediately.

18. Assignment

These Terms, as may be modified from time to time, may not be assigned by you without the prior written approval of PICKUP Coffee. PICKUP Coffee may assign these Terms, whether in whole or in part, to any third-party, including its affiliates or related entities, without your consent.

19. Severability

If any provision of these Terms 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 which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

20. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Philippines. Any dispute or claim arising out of or in connection with the use of the PICKUP App shall be filed before the appropriate courts of Makati City, to the exclusion of all other courts.

21. Contact Us

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email at customercare@pickup-coffee.com.