Davao City, Davao del Sur, Philippines

      Davao City, Davao del Sur, Philippines

        Terms and Conditions

        TERMS AND CONDITIONS (Users Mobile App & Website)

        1. Introduction

        Welcome to AgriOnline!

        These Terms of Use (“Terms”, “Terms of Use”) govern your use of our website at https://agrionline.com, or our "AgriOnline" application for mobile and handheld devices (the "App") (collectively, “AgriOnline Platforms”) made available by Genius Technologies Inc. (GTI) (“Company”, “we”, “us” and “our”).

        Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our platforms.

        Your agreement with us includes these Terms, Cancellation & Refund Policy, and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

        If you do not agree with (or cannot comply with) Agreements, then you may not use the platforms, but please let us know by emailing at admin@agrionline.ph so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.

        1.1 The Platform is owned and operated by Genius Technologies Inc., a private company, and has its registered office at SF Building, Walk-in Alley, C. Bangoy Street, Barangay 34, Poblacion District, 8000 Davao City, Philippines. For these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "AgriOnline", "we", "us" or "our" shall mean Genius Technologies Inc. 

        1.2 AgriOnline enables transactions on its Platform between participating merchants and buyers, dealing in (a) agricultural products (b) agriculture-related products, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various merchants including but not limited to the meat shops, seafood shops, flower shops, gardens,  agri-vet shops, fruits and vegetables stand ("Merchant/s"), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”). 

        1.3 AgriOnline enables delivery of such Orders or completion of Tasks within Davao City, Davao Del Sur, Philippines ("Delivery Services") by connecting third-party service providers rider partners (“RP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services, AgriOnline is merely acting as an intermediary between the Merchants and Buyers and/or RPs and Buyers/Merchants

        1.4 For the pickup and delivery services and completing the Tasks, RPs may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined based on various factors including but not limited to distance covered, time is taken, demand for delivery services/Tasks, real-time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

        2. Communications

        By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at admin@AgriOnline.ph.

        AgriOnline - Use of the Website and Apps (Android and iOS)

        You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

          1. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'AgriOnline', or otherwise engage in any conduct or action that might tarnish the image or reputation, of AgriOnline or Merchant on the Platform or otherwise tarnish or dilute any AgriOnline's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or AgriOnline's systems or networks, or any systems or networks connected to AgriOnline.
          1. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity that infringes the rights of AgriOnline and/or others.

        3. Account Registration 

        3.1 You may access the Platform by registering to create an account (" AgriOnline Account") and become a member (" Membership"), or (c) you can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a " Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and is subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your AgriOnline Account with Third-Party Accounts, by either:

          1. providing your Third-Party Account login information to us through the Platform; or
          2. allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

        3.2             By granting us access to any Third-Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account (" SNS Content") so that it is available on and through the Platform via your AgriOnline Account

          1. You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current and complete.
          1. We reserve the right to suspend or terminate your AgriOnline Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other AgriOnline policies.
          1. We will create your AgriOnline Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one AgriOnline Account and are not permitted to create multiple accounts. AgriOnline reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

        4. Purchases

        If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, phone number, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

        You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

        We may employ the use of third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

        We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

        We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

        Order Booking and Financial Terms

        1. The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, AgriOnline will, subject to the terms and conditions set out herein, facilitate delivery of goods or services, or completion of Tasks through rider partnership.
        2. As a general rule, all orders placed on the Platform and Delivery Services are treated as confirmed.
        3. However, upon Buyer’s successful completion of booking an order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid, and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
        4. In addition to the foregoing, we may also contact you by phone and/or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in the price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that AgriOnline reserves the right not to process Buyer's Order in the event Buyer or Merchant or RP are unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
        5. All payments made against the Orders or Services on the Platform by you shall be compulsorily in the Philippines acceptable in the Republic of Philippines. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on the Platform. You can pay by (i) credit card or debit card or net banking; (ii) Gcash; (iii) cash at the time of delivery. You understand, accept, and agree that the payment facility provided by AgriOnline is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection, and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, AgriOnline is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
        6. Buyers acknowledge and agree that AgriOnline acts as the Merchant's and RP’s payment agent for the limited purpose of accepting payments from Buyers/Merchants on behalf of the Merchant or RP, as the case may be. Upon your payment of amounts to us, which are due to the Merchant or RP, your payment obligation to the Merchant or RP for such amounts is completed, and we are responsible for remitting such amounts to the Merchant or RP. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings or to the RP for delivery of the Order or completion of the Task made using the Platform.
        7. The buyer agrees to pay for the total amount for the Order placed on the Platform. AgriOnline will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or restaurant service for the particular Merchant, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to the Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
        8. In connection with the Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address, and credit card information either to us or our third-party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing the use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the order is confirmed you will receive a confirmation email summarizing the confirmed booking.
        9. The final tax bill will be issued by the Merchant and RP (if registered for tax purposes) to the Buyer along with the Order and AgriOnline is merely collecting the payment on behalf of such Merchant and RP. All applicable taxes and levies, the rates thereof, and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant and RP. AgriOnline holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant and the RP.
        10. The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Merchant and are listed based on Merchant's information. Very rarely, prices may change at the time of placing an Order due to the Merchant changing the menu price without due intimation and such changes of price are at the sole discretion of the Merchant attributing to various factors beyond control.

        Disclaimer: Prices on any product(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected, and in such an event Merchant may cancel Buyer’s Order(s).

        1. The Merchant shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of AgriOnline.
        2. The transactions are bilateral between the Merchant and Buyer, and between Merchant/Buyer and RP, therefore, AgriOnline is not liable to charge or deposit any taxes applicable on such transactions. 

        5. Contests, and Promotions

        Any contests and promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

        6. Subscriptions

        6.1 Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

        6.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or AgriOnline cancels it. You may cancel your Subscription renewal either through the unsubscribe button in your AgriOnline mobile app or by contacting admin@AgriOnline.ph customer support team.

        6.3 A valid payment method is required to process the payment for your subscription. You shall provide AgriOnline with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, mobile phone number, and valid payment method information. By submitting such payment information, you automatically authorize AgriOnline to charge all Subscription fees incurred through your account to any such payment instruments.

        Should automatic billing fail to occur for any reason, AgriOnline reserves the right to terminate your access to the Service with immediate effect.

        7. Free Trial

        7.1 AgriOnline may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for Free Trial.

        7.2 If you do enter your billing information when signing up for Free Trial, you will not be charged by AgriOnline until Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

        At any time and without notice, AgriOnline reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

        8. Fee Changes

        AgriOnline, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

        AgriOnline will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

        Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

        9. Cancellations and Refunds

        Please refer to the Cancellation and Refund Policy for cancellation and refund terms in relation to the usage of the Platform for availing Services.  

        Terms of service

          1. The Buyer agrees and acknowledges that AgriOnline shall not be responsible for:
        2. The Merchant's services or goods, or services provided by rider partners not being up to Buyer expectations or leading to any loss, harm or damage to him/her/it;
        3. The availability or unavailability of certain items of the merchants;
        4. The Merchant serving the incorrect Orders; or
        5. Product liability of goods provided by Merchants.
          1. The details of the products and price list available on the Platform with respect to restaurant services, goods, or any other services are based on the information provided by the Merchants and AgriOnline shall not be responsible for any change or cancellation, or unavailability.
          2. Buyers and Merchants agree and acknowledge that AgriOnline is not responsible for any liability arising out of delivery services provided by RP to them.
          3. Buyers may not be able to avail of Services if their delivery location is outside AgriOnline’s current scope of Service. AgriOnline will keep the Buyer informed of the same at the time of confirming his/her Order booking.
          4. Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from RPs and Merchants. AgriOnline will not be responsible for any delay in the delivery of an Order. If any delay is due to AgriOnline, the help center will inform the buyer of its cause and make necessary arrangements with the buyer to complete the tasks.
          5. Buyer understands that certain Merchants undertake delivery of their goods and services to the Buyer and the Merchant may charge the Buyer for such service. AgriOnline exercises no control on such delivery services and the same shall be under the control of Merchant alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Merchant alone. AgriOnline shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same.
          6. Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be canceled in the event of any change of the address as informed by the RP and Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of a change of the delivery location shall be subject to acceptance by the RP or sole discretion of AgriOnline.
          7. The Buyer shall undertake to provide adequate directions, information, and authorizations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.
          8. The Buyer understands that AgriOnline’s (including Merchant’s and RP’s) liability ends once the Order has been delivered to him/her, except where the product liability of the Merchant subsists. 
          9. AgriOnline does not offer any refunds against goods or services already purchased from a Merchant through the Platform unless an error that is directly attributable to AgriOnline has occurred during the purchase of such product or services.
          10. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
          11. If you use the Platform, you do the same at your own risk.
          12. Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants and RPs.

        10. Content

        The content found on or through the platforms is the property of AgriOnline or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.

        11. Prohibited Uses

        You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

        11.1. In any way that violates any applicable national or international law or regulation.

        11.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

        11.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

        11.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

        11.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

        11.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

        12. Analytics

        We may use third-party Service Providers to monitor and analyze the use of our Service.

        13. No Use By Minors

        Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

        14. Accounts

        14.1 When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

        14.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your mobile phone and/or computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

        14.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

        14.4 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

        15. Intellectual Property

        Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of AgriOnline and its licensors. Service is protected by copyright, trademark, and other laws of the Republic of the Philippines and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of AgriOnline.

        16. Copyright Policy

        We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

        If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to admin@agrionline.ph, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

        You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

        17. Procedure for Copyright Infringement Claims

        You may submit a notification pursuant to our Copyright Agent with the following information in writing:

        17. 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

        17.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

        17.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

        17.4. your address, telephone number, and email address;

        17.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

        17.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.[FO6] [MLG7] 

        18. Termination

        We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

        If you wish to terminate your account, you may simply discontinue using Service.

        All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

        19. Governing Law

        These Terms shall be governed and construed in accordance with the laws of the Republic of the Philippines, which governing law applies to the agreement without regard to its conflict of law provisions.

        Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

        20. Changes to Service

        These Terms of Use are subject to modifications. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion at any time by posting modified documents on the Platform and notifying you of the same for your perusal. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other AgriOnline policies and note the changes made on the Platform. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

        21. Amendments to Terms

        We may amend Terms at any time by posting the amended terms on our platforms. It is your responsibility to review these Terms periodically.

        Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

        By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

        22. Waiver and Severability

        No waiver by Company of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

        If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

        23. Acknowledgement

        BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

        24. Contact Us

        Please send your feedback, comments, requests for technical support by email: admin@agrionline.ph.