Thank you for using Shopboxo! To be eligible to register for a Shopboxo account and use the Platform (as defined below), you must review and accept these Shopboxo Terms of Service (this "Agreement" or these "Terms" ).
In this Agreement, "You," "Your" and "User" will refer to you. If you are registering for a Shopboxo account or using the Platform on behalf of an entity or other organization, you are agreeing to these Terms for that entity or organization and representing to Shopboxo that you have the authority to bind that entity or organization to these Terms (and, in which case, the terms "You", "Your" and "User" will refer to that entity or organization).
Unless the context otherwise requires, “Appboxo”, “Shopboxo”, “We”, “Us”, “Our” or “Company” shall mean Appboxo Pte. Ltd. or any of its licensees, whether now or in the future.
Shopboxo enables transactions on its Platform between participating sellers and buyers, dealing in products or services available for sale and published by the merchant on the Platform ("Goods"). The buyers ("Buyers'') can choose and place orders ("Orders'') from a variety of Goods listed by various merchants including but not limited to the restaurants, eateries, grocery stores, other service providers ("Sellers''), on the Platform.
You understand, agree and acknowledge that these Terms constitute a legally binding agreement between You and Shopboxo and that your use of the Platform will indicate your conclusive acceptance of these Terms.
If you do not agree to these Terms, you must stop accessing or using the Platform. You agree and promise to deactivate or delete your account from the Platform if you do not agree to these Terms.
The following terms, when used in this Agreement will have the following meanings:
"Platform" includes the Shopboxo mobile application, this website and any other technology or software that Shopboxo may develop from time to time.
"Content" means any information, data, graphics, content and other materials provided that you upload, post on or through the Platform.
"Delivery Service Provider" means any third party logistics service provider that partners with Shopboxo for the delivery of Goods purchased through the Platform.
“Payment Service Provider” means any third party payment service provider that partners with Shopboxo to process, transmit, facilitate and remit payment methods on the Platform, including Xendit Philippines Inc. for payment gateway services and/or other Payment Service Providers who may partner with Shopboxo in the future. For the avoidance of doubt, Shopboxo reserves the right to switch Payment Service Providers from time to time.
"Third Party Service Providers" are Delivery Service Providers, Payment Service Provider and any other third party service providers that may be made available through the Platform.
3. Account Registration
use of manual or automated software or other means to (i) access, “scrape,” “crawl” or “spider” any pages contained in the Platform, (ii) automate activities in transactions, promotions and others, (iii) collect or store personal data about other Platform Users in connection with prohibited behaviour set out in this Terms, and (iv) or any other activities that can be considered manipulative against the Platform
attempts to engage in or engage in, any potentially harmful acts that are directed against the Platform, including but not limited to violating or attempting to violate any security features the Platform by introducing viruses, worms, or similar harmful code, or interfering or attempting to interfere with use of the Platform by any other user, host or network, including by means of overloading, “flooding,” “spamming,” or “crashing” the Platform
impersonate another person or entity
gain unauthorized access or exceeds the scope of authorized access to the Platform
display, upload, download, modify, publish, transmit, update or share any information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
You understand that in the case of violation of these Terms and/or any applicable laws, suspicion of your participation in fraudulent or misleading transactions, any misuse of your account or Third Party Service Providers (if utilised), inability to verify or authenticate any information provided by You, and/or the lack approvals to sell the Goods offered on our platform, Shopboxo reserves the right in our sole discretion and without notice to:
delete or suspend your account on the Platform
delete or modify any Content or Goods listed on your online store
limit your access to specific features in our Platform
ban you from accessing the Platform in the future
take any and all necessary actions
4. User Information & Account Security
You agree to provide true, accurate, up to date and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform. If You provide any information that is untrue, inaccurate, misleading, not current or incomplete or Shopboxo has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with the User Agreement, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever. You are solely responsible for any errors in the information you provide on your account.
You are personally responsible for maintaining the security and confidentiality of the information you store for your account (including your account name, payment details and the relevant telephone/mobile number registered or associated with your account). You are fully responsible for any activity that occurs on your account, including for any loss suffered by Shopboxo or other Users resulting from any activity that occurs with your account, including the use of your account by others, or as a result of your failure to do so in keeping your account information safe and confidential. Shopboxo will not be liable for any loss or damage arising from your failure to maintain the security and confidentiality of your account.
You understand that your use of Third Party Service Providers, including but not limited to Payment Service Providers and Delivery Service Providers, may require you to provide or upload personal documents on the Platform such as but not limited to on the National Identity Card and/or a selfie with your National Identify Card and/or other personal information required for the verification process. This verification is required by the Bangko Sentral ng Philipinas and will be used solely for the purpose of know your customer (KYC) carried out by the Payment Service Providers according to applicable laws and regulations around anti-money laundering and prevention of terrorism financing.
5. Payment Terms
Buyers will make payments for the Goods that they want to buy or receive from the Seller, either by (i) payment with cash at the time of delivery (“Cash on Delivery”), (ii) use of payment methods including transfer to electronic wallet made available by the Payment Service Provider in the Platform, or (iii) any other means outside the Platform as agreed between Buyer and Seller.
You understand that payment transactions made using (i) Cash on Delivery, and (iii) any means outside of the Platform, require You to manually change payment status inside the Platform and will not be automatically logged on the Platform.
You understand and acknowledge that Shopboxo is not a party to any transaction between Buyers and Sellers.
As the Platform does not operate with an escrow account feature, Shopboxo is not responsible for payment claims or refunds requested by Buyers or Sellers in connection with any transactions of Goods either through the Platform or outside the Platform. For avoidance of doubt, Buyer hereby agrees not to make any claim against Shopboxo for the failure to deliver Goods that have been paid for by the Buyer. Buyer further agrees that Shopboxo will not be responsible for refunding the amount paid for Goods purchased from any Seller. Seller hereby agrees not to make any claim against Shopboxo for payments not made by Buyer. Shopboxo is not responsible for any loss, damage, or claim that may arise from transactions that are between Buyers and Sellers, including but not limited to fraud or malicious behavior of Seller or Buyer in a transaction. Shopboxo has no control over the quality or accuracy of the Goods provided by Sellers who contract with Buyers through the Platform.
For all the transactions between the Seller and the Buyer processed via the Payment Service Provider, the Seller agrees to pay an amount equal to 2.9% of the transaction value (“Transaction Fees”) to the Company. The Seller agrees that the Transaction Fees are subject to change and such change shall be published on the Platform from time to time.
You will have a seller balance you can view in the Platform that tracks the pay-out status of each Order and your store’s progress by consolidating all your transactions together. You understand that Shopboxooperates on a weekly pay-out schedule for all transaction processed via the Payment Service Provider. Shopboxo shall transfer the total accumulated amount paid by the Buyer(s) against Order(s) (after deducting Transaction Fees, delivery fees and any other fees that may apply) to the Seller’s bank account or electronic wallet account once each week on Tuesday at 4pm PHT.
a. Payment by Buyers processed via Payment Service Provider will only be eligible for pay-out within 12-72 hours from the Buyer being in receipt of the Goods pursuant to such an order being delivered.
b. Payments by Buyers processed via both Payment Service Provider and Delivery Service Provider will only be eligible for pay-out within 12-72 hours after confirmation of the delivery of the Goods by the Delivery Service Provider. The amount paid by Buyer for each Order to the Seller will be forwarded after deducting the shipping costs paid to the Delivery Service Provider (if any).
Shopboxo has partnered with Payment Service Provider(s) to facilitate payments and remittances made on the Platform. Shopboxo is not a party that processes payments made by Users, so, in the event that technical problems related to payments occur, it will be the responsibility of the Payment Service Provider. You acknowledge that by submitting your information on the Platform, you authorize Shopboxo to provide such information to our Payment Service Providers to facilitate payments. On a case by case basis, You may be required to submit additional information if You are subject to additional terms and conditions applicable to the relevant Payment Service Provider.
You acknowledge and understand that Payment Service Providers may experience unintended technical or infrastructural failures in forwarding, processing or transmitting payments made by Buyers to your bank account or electronic wallet account. In such circumstances, you agree and undertake not to make any claim against Shopboxo for any and all damages and losses that may arise directly or indirectly due to late payment disbursement process or payments made by Buyers to your bank account or e-wallet account. However, Shopboxo will use its best efforts to resolve the dispute with the Payment Service Provider if User submits a complaint through the reporting procedure in Clause 8 of this Terms.
6. Restricted Goods
The Seller may list and provide the details of the Goods offered for sale to the Buyers as a registered user of the Platform, however the Seller shall not be permitted to sell any Goods that fall are under the list of banned items identified by the Company from time to time, or are otherwise prohibited for sale under applicable laws.
Acts penalized under Secs. 4, 5, 6, 8, 9, 10, 11, 12,13, 14, 15 and 16 of Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”, as amended by Republic Act No. 10640;
Acts penalized Section 3 paragraphs b, c, e, g, h and i of Republic Act No. 3019, as amended, otherwise known as the “Anti-Graft and Corrupt Practices Act”;
“Plunder” under Republic Act No. 7080, as amended;
“Robbery” and “Extortion” under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;
“Jueteng” and “Masiao” punished as illegal gambling under Presidential Decree No. 1602;
“Piracy on the High Seas” under the Revised Penal Code, as amended, and Presidential Decree No. 532:
“Qualified Theft” under Article 310 of the Revised Penal Code, as amended;
“Swindling” under Article 315 and “Other Forms of Swindling” under Article 316 of the Revised Penal Code, as amended;
“Smuggling” under Republic Act No. 455, and Republic Act No. 1937, as amended, otherwise known as the “Tariff and Customs Code of the Philippines”;
Violations under Republic Act No. 8792, otherwise known as the “Electronic Commerce Act of 2000”;
“Hijacking” and other violations under Republic Act No. 6235, otherwise known as the “Anti-Hijacking Law”; “Destructive Arson”; and “Murder”, as defined under the Revised Penal Code, as amended;
“Terrorism” and “Conspiracy to Commit Terrorism” as defined and penalized under Sections 3 and 4 of Republic Act No. 9372;
“Financing of Terrorism” under Section 4 and offenses punishable under Sections 5, 6, 7 and 8 of Republic Act No. 10168, otherwise known as the “Terrorism Financing Prevention and Suppression Act of 2012”;
“Bribery” under Articles 210, 211 and 211-A of the Revised Penal Code, as amended, and “Corruption of Public Officers” under Article 212 of the Revised Penal Code, as amended;
“Frauds and Illegal Exactions and Transactions” under Articles 213, 214, 215 and 216 of the Revised Penal Code, as amended;
“Malversation of Public Funds and Property” under Articles 217 and 222 of the Revised Penal Code, as amended;
“Forgeries” and “Counterfeiting” under Articles 163, 166, 167, 168, 169 and 176 of the Revised Penal Code, as amended;
Violations of Sections 4 to 6 of Republic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003, as amended”;
Violations of Sections 78 to 79 of Chapter IV of Presidential Decree No. 705, otherwise known as the “Revised Forestry Code of the Philippines, as amended”;
Violations of Sections 86 to 106 of Chapter IV of Republic Act No. 8550, otherwise known as the “Philippine Fisheries Code of 1998”;
Violations of Sections 101 to 107, and 110 of Republic Act No. 7942, otherwise known as the “Philippine Mining Act of 1995”;
Violations of Section 27(c), (e), (f), (g) and (i) of Republic Act No. 9147, otherwise known as the “Wildlife Resources Conservation and Protection Act”;
Violations of Section 7(b) of Republic Act No. 9072, otherwise known as the “National Caves and Cave Resources Management Protection Act”;
Violation of Republic Act No. 6539, otherwise known as the “Anti-Carnapping Act of 2002, as amended”;
Violation of Sections 1, 3, and 5 of Presidential Decree No. 1866, as amended, otherwise known as the decree “Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition or Explosives”;
Violation of Presidential Decree No. 1612, otherwise known as the “Anti-Fencing Law”;
Violation of Section 6 of Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995, as amended”;
Violation of Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines, as amended”;
Violation of Section 4 of Republic Act No. 9995, otherwise known as the “Anti-Photo and Video Voyeurism Act of 2009”;
Violation of Section 4 of Republic Act No. 9775, otherwise known as the “Anti-Child Pornography Act of 2009”;
Violations of Sections 5, 7, 8, 9, 10 (c), (d) and (e), 11, 12 and 14 of Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination”;
Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the “Securities Regulation Code of 2000”;
Felonies or offenses of a nature similar to the aforementioned unlawful activities that are punishable under the laws of other countries.
The Seller hereby agree and undertake that descriptions, images, and other content pertaining to the Goods are complete and accurate, and corresponds directly with the appearance, nature, quality, purpose and other features of such Goods.
7. Intellectual Property
Shopboxo is either the owner of intellectual property rights or we have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to exercise the intellectual property in the Platform along with material published on it, and any data and information collected, extracted, compiled, synthesized, or generated by Shopboxo or the use of any Shopboxo services, features or devices available on the Platform.
Shopboxo authorizes you to view and make one copy of any portion of the content reasonable for offline, personal, non-commercial use.
No content may be reproduced, republished, transmitted, displayed, posted or distributed in any form or by any means without our prior written permission.
Except as expressly provided otherwise, nothing in these Terms shall apply, or be construed, as a transfer or transfer of the intellectual property rights of Shopboxo or any third party to You.
8. Reporting Procedures
Any User may file a report or complaint to Shopboxo through the following reporting procedure:Shopboxo User Complaint Service: Email : firstname.lastname@example.org Our CS can be contacted Monday – Sunday from 07.00 – 22.00
9. Warranties and Limitation of Liability
In no event shall Shopboxo (including but not limited to its parent companies, affiliates, subsidiaries, shareholders, directors, commissioners and employees) be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with the Platform.
You expressly understand and agree that to the extent permitted by applicable law, your use of Shopboxo Platform is at your sole risk, and the Platform is provided on an “as is” and “as available” basis, with all faults. Shopboxo expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the services or the Platform.
If you have a dispute with other Users or other third parties, including Third Party Service Providers, you hereby agree to release, hold harmless and indemnify Shopboxo (including but not limited to parent companies, affiliates, subsidiaries, shareholders, directors, commissioners and their employees) against any and all claims or demands for damages, expenses and losses (actual or contingent) of any kind and nature, arising out of or in any way related to the dispute.
Furthermore, the User hereby also agrees to indemnify, hold harmless, and indemnify Shopboxo (including but not limited to its parent company, affiliates, subsidiaries, shareholders, directors, commissioners and employees) against any and all claims or demands from third parties. anything, including reasonable legal fees incurred by Shopboxo due to your violation of these Terms, any misuse of our Platform or our services and/or your violation of laws and regulations or third party rights.
Publicity. Shopboxo may use User’s name and logo on Shopboxo website and marketing materials to identify User’s relationship with Shopboxo, and Shopboxo may publicize that User utilizes the Platform.
Governing Law. This Agreement shall be governed by and construed in all respects in accordance with the laws of Singapore and any dispute shall be subject to the exclusive jurisdiction of the Singapore courts.
Entire Agreement. This Agreement comprises the entire agreement between User and Shopboxo with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements (oral and written). No oral or written information or advice given by Shopboxo, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement. There shall be no force or effect to any different terms of any pre-printed purchase order or similar forms of User, even if signed by the parties after the date hereof.