MerryMart Wholesale, a business unit of MerryMart Grocery Centers Inc., provides a diverse range of wholesale grocery items accessible through its Mobile Application and Website.

This constitutes an agreement between the User and MERRYMART GROCERY CENTERS, INC. (hereinafter referred to as "MMw" or "The Company"), outlining the terms that regulate Your use of the Application.

I. DEFINITION OF TERMS

1. ACCOUNT – Customer’s account enrolled at MMw Application and Website.
2. APPLICATION (“App”) – The MMw Application.
3. WEBSITE (“Web”) – The MMw Website.
4. INDIVIDUAL ACCOUNT – An account registered in MMw is an individual account when the User submits one (1) valid ID and one (1) 1x1 picture of the User.
5. BUSINESS ACCOUNT – An account registered in MMW is a business account when the User submits a copy of business or barangay permit, a picture of the business, one (1) valid ID and one (1) 1x1 picture of the User.
6. USER – A person, whether natural or juridical, who registered in MMw App or Web as an individual or business account.
7. BUYER – A User who makes a purchase in the MMw Application and MMw Website.
8. PRODUCTS – All the goods offered by MMw in the App and Web.
9. PERSONAL DATA – Any data belonging to the User including but not limited to name, age, birth date, address, credit history, and other personal information which identifies the User or can be identified to belong to the User, subject to the provisions of the Data Privacy Act of 2012.
10. MERRYMART WHOLESALE (“MMw”) – MerryMart Grocery Centers, Inc. or the company behind MerryMart Wholesale App and Web.
11. PLATFORM – The MMw App and Web.
12. TERMS – The MMw Terms and Conditions.
13. LISTING PRICES – All Listing Prices are subject to taxes.

II. GENERAL USE OF SERVICES AND ACCESS TO PLATFORM

2.1 Guidelines for the Use of our Platform and Services:

By using our Platform and Services, you agree to comply with all guidelines, notices, rules, policies, and instructions issued by MMw related to the Services and/or Platform, including any subsequent amendments to such guidelines, notices, rules, policies, and instructions issued by MMw. MMw reserves the right to revise or update these guidelines, at any time in our sole discretion, and you are deemed to be informed and bound by any such changes upon their publication on the Platform.

2.2 Platform and Services Availability:

We reserve the right to upgrade, modify, suspend, or discontinue the Platform or Services without prior notice. MMw shall not be liable if such upgrade, modification, suspension or discontinuation prevents your access to the Platform or Services. MMw reserves the right to deny access to the Platform and/or Services, or to disallow the opening of an Account, for any reason.

2.3 Right to Monitor Usage:

Within the bounds allowed by applicable laws, we reserve the right to:

• Monitor and control activity on the Platform.
• Prevent, suspend, or limit access to the Platform and/or Services,
• Report to the relevant authorities any violations or suspected violations of applicable law or rules occurring within or in connection with the Platform.
• Request information concerning your usage of the Platform and/or Services and take appropriate remedial action for inaccurate or fraudulent information.

2.4 Privacy Notice:

Your use of the Services and access to the Platform is subject to the Privacy Policy as outlined here: https://www.merrymartwholesale.com/privacy-policy

III. USE OF SERVICES

3.1 Restrictions:

Only Customers who are of legal age and have the legal capacity to enter contracts under applicable laws are permitted to use the Services. By agreeing to these Terms, you expressly affirm that you are 18 years old or over.

3.2 General Terms of Use:

By using the Platform and/or Services, you agree:

• To utilize the Platform and/or Services in compliance with the law and in good faith.
• To ensure accuracy of any information or data posted on the Platform using your account in connection with the Services, and to accept sole responsibility therefor.

You agree not to:

• Utilize the Platform and/or Services as a medium to purport to be any natural or juridical person aside from yourself, or otherwise misrepresent your affiliation with a person or entity.
• Create and/or manage multiple user accounts in connection with any conduct that contravenes either the letter and/or spirit of these Terms.
• Infringe the rights of MMw, including but not limited to its Intellectual Property Rights.

3.3 Product Description and Pictures:

MMw aims to accurately describe every product but we do not guarantee the accuracy, currency, or freedom from error of such product descriptions. We also strive to depict product colors as accurately as possible on the App and Website. However, as the actual colors you see will depend

3.4 Product Pricing:

The prices listed are subject to taxes unless stated otherwise,  and are subject to adjustments when deemed necessary, even in the absence of prior notice or explanation. While we strive to provide accurate product and pricing information, occasional errors in pricing, imagery, or typography may occur. If such errors occur,  we reserve the right, at our sole discretion, to either refuse or cancel any order placed for that item. Alternatively, we may contact you for notification and instructions on such cancellation. MMw expressly disclaims any liability relating to accuracy of any product listing on the app or website. We also reserve the right to impose limitations on quantities sold or made available for sale.

3.5 Product return, replacements, and refund shall be governed by policies and guidelines issued by MerryMart Grocery Centers, Inc. in accordance with the Consumer Act of the Philippines. You may read more on our Return/Replacement/Refund Policy here: https://www.merrymartwholesale.com/merrymart-wholesale-returns-policy

3.6 Product promotions, discounts, and member’s rewards shall also be available in the App or Website.

IV. USERS WITH MERRYMART WHOLESALE ACCOUNTS

4.1 Username/Password:

Account creation and provision of personal data may be necessary for the use of certain Services offered on the Platform. If you choose to create an account:

• A Username and Password may be issued by us or provided by you (subject to limitations prescribed by us) for your use of the Service or access to the Platform.
• We reserve the right to request Personal Data updates or deactivate the Username/Password without prior notice, at our discretion. We shall not be liable for any loss resulting from such actions.
• You agree to periodically change your Password, maintain its confidentiality, and take responsibility for the security of your account. Notify us promptly of any suspected compromise, unauthorized use, or need to update Personal Data.

4.2 Authorized Use and Access:

By using the Services and accessing the Platform, including the provision of any information, data, or communications associated with your Username and Password, you expressly acknowledge and agree that such actions constitute:

• Your personal access to the relevant Platform and/or usage of the Services; or
• Your own act of posting, transmission, and valid issuance of information, data, or communications.

Your Username and Password are confidential and must not be shared. It is presumed that any use of your Username and Password are solely by you, and MMw reserves the right to attribute such activity to you. Additionally, you acknowledge and agree to indemnify us against any losses resulting from the utilization of the Services or access to the Platform using your Username and Password.

V. SENIOR CITIZEN AND PWD DISCOUNTS

5.1 Eligibility

• • Any Filipino citizen who is a resident of the Philippines, aged 60 years old or above, or a Persons with Disability (PWD) as defined in Sec. 3 (f) of JMC No. 01, s. 2022, may avail of the Senior Citizen or PWD Discount, provided:
    • that the Senior Citizen or PWD declares that he/she is a Senior Citizen or PWD prior to the placement of the order.
    • that the Senior Citizen or PWD provides/attaches a scanned copy, screenshot, or image of their Senior Citizen ID issued by the OSCA in the city or municipality where the senior citizen resides or any Government-issued ID reflecting the name, photo, date of birth, and nationality of the senior citizen, or PWD ID issued by the PDAO or the C/MSWDO of the place where the PWD resides.
  • A copy of the front page and last entry page of the Senior Citizen/Person with Disability purchase booklet for commodities should also be attached by the Senior Citizen/Person with Disability upon placement of the order.
  • The original copy of the Senior Citizen/PWD ID shall be presented by the Senior Citizen/PWD, or their authorized representative with an authorization letter, upon the delivery of the goods/order or performance of the service availed through the Platform or Website. Failure to present the Senior Citizen/PWD ID would result in the charging of the full amount of the goods/orders or services.

5.2 Privilege

• • Senior Citizens and Persons with Disabilities (PWD) are entitled to a 5% special discount for Basic Necessities and Prime Commodities (BNPC’s) as defined by Sec. 5 of JMC No. 01, s. 2022 for their exclusive use and enjoyment. Provided, that the total amount of offline and online purchases of Senior Citizens/PWD per calendar week shall not exceed the amount of One Thousand Three Hundred Pesos (Php 1,300.00) without carry-over of the unused amount unless otherwise increased as may be determined by the DTI and other relevant agencies. The said amount shall be spent on necessities/commodities commensurate to personal and exclusive consumption and/or enjoyment of the Senior Citizen/PWD within the calendar week. Provided that the said amount shall be spent on at least four (4) items identified as BNPC’s.
  • Senior Citizens and Persons with Disabilities (PWD) are also entitled to a 20% discount on the purchase of medicines and medical supplies subject to the Guidelines of DOH Administrative Order No. 2012-0007 as amended.

5.3 Double Discount Prohibition

• • In purchasing goods and services subject to promotional discounts, the Senior Citizen or PWD may avail of the Platform or Website’s offered discount or the 5% special discount whichever is higher or more favorable and applicable.
  • In cases wherein the Buyer is both a Senior Citizen and a PWD, he/she shall only be entitled to avail of either, but not both, the discount for Senior Citizens or the discount for Persons with Disability, and he/she shall present the relevant ID as required.

5.4 Authorized Representative

• • The Senior Citizen/PWD may authorize any person through an authorization letter duly signed by the Senior Citizen/PWD. The authorized representative must present the following documents before claiming or paying the goods and/services:
    • OSCA/PWD ID, or any other government ID that may establish their circumstances
    • Senior Citizen/PWD Purchase Booklet
    • Authorization Letter
    • Valid ID of the Representative
    • Medical Prescription (for the Purchase of Medicine and/or Medical Supplies, except over-the-counter (OTC) medicines).

• • In cases where the PWD is a minor, the parent or guardian shall be the automatic representative of the minor without the need for any authorization letter but the parent/guardian shall establish their identity and relationship to the minor.
  • In case of the absence of any of the above documents at the time of the purchase of goods and/or services, MMw reserves the right to refuse to release the goods to the authorized representative.

VI. PAYMENT

6.1 MMw supports payment through one or more of the following methods:

• Credit/Debit Card
  • Card payments are processed through third-party payment channels and the type of credit/debit cards accepted by these payment channels may vary from one jurisdiction to another.
• E-Wallet
• MerryPayLater

6.2 Once payment has been made, Buyers may no longer modify their chosen mode of payment.

6.3 MMw shall not be responsible for any loss or damage arising from incorrect shipping or payment details entered by the Buyer. We may verify if the Buyer is authorized to use a payment method, and if not confirmed, we can pause or cancel the transaction.

VII. DELIVERY

7.1 Your orders will be delivered to the address specified in the order information you have provided.  

7.2 Shipping fee will be indicated in the order information before checking out. Please note that there be no shipping fee if your transaction is equal to or more than PHP 10,000.  

7.3 The status of your order will be updated in the Order list in the App. 

7.4 The standard delivery of your orders is 2 days. However, you acknowledge that from time to time, a Product may become unavailable between updates. Delivery times are only estimates, and delays can happen. If your delivery is delayed, MMw will notify you by a text and send your order as soon as it's available. MMw shall not be held liable for any delays.  

7.5 The MMw delivery team will take photos of the delivered items at customer’s premises as proof of delivery and will require a signature from the authorized recipient/customer. 

7.6 You agree to reimburse drivers for any “entry fee” that they would be required to pay as part of your delivery. This shall include, but is not limited to, those charged for entry in exclusive gated subdivisions, industrial parks and economic zones. 

7.7 Rescheduling of delivery of orders by the customer is prohibited. MMw reserves the right to cancel your order should you attempt to reschedule the delivery date. 

7.8 After 2 failed delivery attempts, orders will be automatically cancelled. 

7.9 Our delivery team will only wait up to a maximum of 30 minutes from arrival at the designated delivery drop-off point. If you fail to claim your delivery within such duration, our delivery team will leave and will consider your order as a failed delivery attempt. 

7.10 As part of our delivery etiquette, we kindly request that customers refrain from giving money or food to our helpers or drivers during deliveries.

7.11 MMw guarantees a minimum shelf life of at least 2 months (60 days) for all delivered goods. By accepting delivery of the products, customers agree to this minimum shelf life, and acknowledge that requests for exchange of delivered products by reason of expiry date will not be honored if the products were delivered at least two months before its expiry date.

VIII. TERMINATION

8.1 Termination by Us:

We reserve the right to terminate your use of the Platform and/or Services, or disable your Username and Password, at our sole discretion, without need of prior notice. Access to the Platform and/or Services may be barred for various reasons, including a breach of these Terms of Use or if, in the opinion of MMw or proper government authorities, it is necessary to stop providing services related to the Platform.

IX. CHANGES TO THESE TERMS AND CONDITIONS

9.1 MMw reserves the right to modify these Terms at any time by notifying users of such changes through the App or Website. Any changes or revisions made to these Terms are to be applied prospectively, and thus shall not apply to any dispute between you and MMw arising before the date of effectivity of such changes or the date MMw notifies you of such changes.

9.2 You to indemnify and hold harmless MerryMart Grocery Centers, Inc., or its directors, stockholders, affiliates, officers, employees, and agents, for any direct, indirect, special, incidental, punitive, consequential losses or damages, or any other losses or damages of any kind, arising out of or related to your membership or your use of the app or website.  The User is deemed advised to exercise due diligence while using and transacting within the App or Website.

By continuing to access or use Our Service after revisions to the Terms and Conditions become effective, you agree to be bound by the revised terms. Otherwise, if you do not agree to the new terms, in whole or in part, you may opt to discontinue using the Website and the Service.

CONTACT US

If you have any questions about these Terms and Conditions, you can contact us by sending us an email: [email protected]