If you do not agree to these terms, please refrain from using our services or access the platform. If you are under the age of 18 or the legal age for giving consent hereunder under the applicable laws in your country (the “legal age”), you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms of this agreement. If you do not know whether you have reached the legal age, or do not understand this section, please do not create an account until you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor who is creating an account, you must accept the terms of this agreement on the minor's behalf and you will be responsible for all use of the account or company services using such account, whether such account is currently open or created later.
a) Pingomart grants you limited and revocable permission to access and use the services subject to the terms and conditions of these terms of service. All proprietary content, trademarks, service marks, brand names, logos, and other intellectual property (“intellectual property”) displayed in the platform are the property of Pingomart and respective third-party proprietors identified in the platform. No right or license is granted directly or indirectly to any party accessing the platform to use or reproduce any intellectual property, and no party accessing the platform shall claim any right, title, or interest therein. By using or accessing the services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the services, the mobile application, platform, and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the services, the platform, or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this platform on any other server or as part of any other website. Also, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content, without our prior written consent from Pingomart.
Any platform access or software provided by us to you as part of the services is subject to the provisions of these terms of service. Pingomart reserves all rights to the software not expressly granted by Pingomart. Any third-party scripts or code, linked to or referenced from the services, are licensed to you by the third parties that own such scripts or code, not by Pingomart.
The license for use of this platform and the services is effective until terminated. This license will terminate as set forth under these terms of service or if you fail to comply with any term or condition of these terms of service. In any such event, Pingomart may affect such termination with or without notice to you.
You agree that you or your immediate family member or consumer circle not to:
You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Pingomart, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available through the platform. You understand that by using the platform, you may be exposed to content that you may consider being offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Pingomart be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any content posted, emailed, transmitted or otherwise made available on the platform.
You acknowledge that Pingomart and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any content, including without limitation any content or information posted by you, that is available on the platform. Without limiting the foregoing, Pingomart and its designees shall have the right to remove any content (i) that violates these terms of service; (ii) if we receive a complaint from another user; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages, and/or chats) to or from the services as part of our effort to protect the services or our users, or otherwise enforce the provisions of these terms and conditions. You agree that you must evaluate, and bear all risks associated with, the use of any content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any content created by Pingomart or submitted to Pingomart, including, without limitation, the information in Pingomart forums and all other parts of the platform.
You acknowledge, consent and agree that Pingomart may access, preserve and disclose your account information and content if required to do so by law or under an order of a court or by any governmental or regulatory authority having jurisdiction over Pingomart or in a good faith belief that such access preservation or disclosure is reasonably necessary.
Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
Pingomart supports one or more of the following payment methods in each country it operates in:
Buyer may only change their preferred mode of payment for their purchase before making payment.
Pingomart takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether the Buyer is duly authorized to use a certain payment method and may suspend the transaction until such Authorisation is confirmed or cancel the relevant transaction where such confirmation is not presented.
Pingomart can make payments to members and merchants via bank transfer. Hence, users are required to provide Pingomart with his/her accurate banking details to receive payments i.e. From the sale of the item or refund from Pingomart.
Pingomart guarantee is a service provided by Pingomart or its authorized agent to protect purchases. To protect against the risk of liability, payment for purchases made to Merchant using the services will be held by Pingomart or its authorized agent (“Pingomart guarantee account”). Merchant will not receive interest or other earnings from the sum you have paid into the Pingomart guarantee account.
After the buyer makes the payment for his/her order (“buyer’s purchase monies”), the buyer’s purchase monies will be held in the Pingomart guarantee account until:
Pingomart guarantee is only offered to buyers who have made payment through the channels provided by Pingomart into the Pingomart guarantee account. Offline arrangements between Buyer and Merchant will not be covered under the Pingomart guarantee.
Payments made through pingomart channels will be held in the pingomart guarantee account for a specified period (Depends on the type of goods/services).
If for any reason, the Merchant's bank account cannot be credited and/or the Merchant cannot be contacted, Pingomart will use reasonable endeavors to contact the Merchant using the contact details provided by him/her. If the Merchant cannot be contacted and the buyer’s purchase monies remain unclaimed for more than six (6) months after they become due to the Merchant, Pingomart will deal with such unclaimed buyer's purchase monies following any applicable laws.
Merchant/buyer must be the beneficial owner of the account and conduct transactions on the platform only on behalf of him or herself. Pingomart may require Merchant or buyer to provide his or her personal data such as recent identity photograph, bank account details, and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Merchant/buyer hereby grants Pingomart his/her consent to use or provide to a third party his/her personal data to facilitate his/her use of the platform. Further, the Merchant/buyer authorizes
The Pingomart guarantee is beside and without limitation to buyer’s and Merchant’s obligations under applicable law, which may go above and beyond what is provided for by the Pingomart guarantee. The Pingomart guarantee is neither intended nor designed to assist the buyer or Merchant in complying with its legal obligations, for which each party will remain solely responsible, and Pingomart accepts no liability in connection with the same. Without limitation, the Pingomart guarantee does not constitute a product warranty
Buyer and Merchant acknowledge and agree that Pingomart ’s decision (including any appeals) in respect of and relating to any issues concerning the Pingomart guarantee is final
For the avoidance of doubt, any transactions not conducted on the platform will not qualify for the protection offered by pingomart guarantee.
Users may get RLP by buying merchandise on the platform using the Pingomart guarantee system or through participation in other Pingomart activities as Pingomart may from time to time determine based on the conversion rate determined by Pingomart in its sole discretion. Generally, RLP will be credited to a user’s account upon the completion of a successful transaction or activity approved by Pingomart.
Transaction not completed on the platform using Pingomart guarantee does not qualify for the Pingomart RLP system. Pingomart may at its sole discretion exclude categories of items from the Pingomart RLP system.
RLP credited to buyers has no monetary value, does not constitute buyers’ property, and cannot be purchased, sold, transferred, or redeemed for cash by the buyer.
Subject to Pingomart rules and regulation as determined, varied, or modified by Pingomart from time to time, subject to any cap imposed by Pingomart at its sole discretion, the user may redeem RLP by sending a request to Pingomart and use RLP to offset the purchase price of selected items when making purchases on the platform as advised by Pingomart from time to time. All refunds will be subject to Pingomart ’s refunds and return policy.
RLP you redeem will be deducted from your wallet balance. There is no expiry on the voucher provided by Pingomart.
We will inform you about bonus RLP that can be awarded for eligible activities. This may include but is not limited to purchases you make at participating Merchants or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any.
Pingomart reserves the right to (i) discontinue the RLP system at any time at its sole discretion and (ii) cancel or suspend a user’s right to participate in the RLP system, including the ability to earn and redeem points at its sole discretion.
Merchants may purchase RLP for distribution to buyers for marketing purposes under the “marketing center” section of the Merchant Center (“marketing center”). If you are a Merchant that purchases RLP, you will be deemed to have consented to the terms and conditions described in this section, and any explanatory materials published on this platform, the Merchant Center, or otherwise communicated to Merchants in writing (“Merchant RLP rules”).
To purchase RLP, you must be an eligible Merchant under the Merchant RLP rules. At the time you purchase and pay for the RLP, your account must not be suspended.
You may purchase RLP via the payment methods set out in the marketing center. After payment is completed, the RLP will be issued to your account for the giveaway to buyers within 24 hours and shall expire six (6) months after purchase or such other time as determined by Pingomart. Except as otherwise provided in the applicable Merchant RLP rules, you may not cancel the order and/or request for a refund after you have purchased Pingomart RLP and completed the payment process.
RLP purchased by Merchants may only be given away, free-of-charge, to buyers via promotional channels made available in the marketing center. You may not sell, redeem, or otherwise deal in, Pingomart RLP under any circumstances. You agree that failure to comply with this section or any of the Merchant coins rules may, without limitation, result in the forfeiture of Pingomart RLP purchased by you, in addition to any other actions or remedies that Pingomart may take or enforce.
You understand and agree that Pingomart does not warrant or guarantee any increase in viewership or sales of your items because of the purchase and distribution of RLP.
You are advised to only purchase RLP after fully considering your budget and intended advertising objectives. Pingomart shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of purchasing Pingomart RLP.
If, notwithstanding anything in these terms of service, Pingomart is found by a court of competent jurisdiction to be liable (including for gross negligence) concerning the purchase by you of Pingomart RLP, then, to the maximum extent permitted by applicable law, its liability to you or any third party is limited to the amount paid by you for the Pingomart RLP in question only.
Users may receive a voucher entitling them to additional RLP (cashback vouchers) on eligible purchases on the platform. Upon the completion of a successful transaction where the cashback voucher has been applied, additional RLP will be credited to a user’s account based on the conversion rate as indicated in the terms and conditions of such cashback voucher or as determined by Pingomart in its sole discretion. RLP credited to a user following the redemption of a cashback voucher shall have the same terms and conditions (including concerning expiry) as regular RLP.
Pingomart provides 2 types of delivery services. 1. Managed Delivery by Pingomart Team 2. Delivery by Merchant.
If the delivery is fulfilled by Merchant, then they need to comply with the below terms:
Buyer may only cancel his/her order before the payment of buyer’s purchase monies.
Buyer may apply for the return of the purchased item and refund before the expiry of Pingomart guarantee period, if applicable, subject to and following Pingomart ’s refunds and return policy. Please refer to Pingomart ’s refunds and return policy for further information.
Pingomart reserves the right to cancel any transaction on the platform for valid/legal grounds, such as in certain cases where Merchant and buyer cannot or do not fulfill their obligations under the contract for sale between Merchant and buyer. Buyer agrees that buyer’s sole remedy will be to receive a refund of the buyer’s purchase monies paid into Pingomart account.
If you have redeemed RLP for your transaction and you are successful in obtaining a refund based on Pingomart ’s refunds and return policy, Pingomart shall refund the monies you have paid for the item and credit back any redeemed RLP to your account separately with 2 weeks.
Pingomart does not monitor the cancellation, return, and refund process for offline payment.
Merchant shall effectively manage and ensure that relevant information such as the price and the details of items, inventory amount, and terms and conditions for sales is updated on merchant listing and shall not post inaccurate or misleading information.
The price of items for sale will be determined by the merchant at his/her discretion. The price of an item and shipping charges shall include the entire amount to be charged to the buyer such as sales tax, value-added tax, tariffs, etc. And Merchant shall not charge buyer such amount additionally and separately.
Merchant agrees that Pingomart may at its discretion engage in promotional activities to induce transactions between buyer and Merchant by reducing, discounting, or refunding fees, or in other ways. The final price that buyer will pay will be the price that such adjustment is applied to.
To promote the sales of the items listed by the merchant, Pingomart may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Pingomart.
Merchant shall issue receipts; credit card slips or tax invoices to the buyer on request.
Merchant acknowledges and agrees that he/she will be responsible for paying all taxes, customs, and duties for the item sold and Pingomart cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Merchants are advised to seek professional advice if in doubt.
Merchant acknowledges and agrees that any violation of Pingomart ’s policies will result in a range of actions as stated under this term of services.
Pingomart charges a fee for all successful transactions completed via bank transfer, credit card, or Pingomart wallet on the platform (“transaction fee”). The transaction fee is borne by the merchant and is calculated as two percent (2.0%) of the buyer’s purchase monies, rounded to the nearest peso. The transaction fee is exclusive of value-added tax. Pingomart shall issue receipts or tax invoices for the transaction fee upon request.
For merchants located outside of the Philippines, Pingomart charges a fee for all successful transactions completed via bank transfer, credit card, or Pingomart wallet on the platform (“cross border fee”). The cross-border fee is borne by the Merchant, and is calculated according to the rates as notified to such Merchants from time to time on the platform,
Following the successful completion of a transaction, Pingomart shall deduct the transaction fee and the cross-border fee (as applicable) from the buyer’s purchase monies and remit the balance to the merchant.
Pingomart shall issue receipts or tax invoices for the transaction fee paid by Merchant on request.
Pingomart will be working out merchant services related fees on a case by case basis. You may verify the agreement made with you or your organization.
Free of Transaction fee period will be worked out with each merchant depending upon their business need and sales volume. You may verify the agreement made with you or your organization.
The onboarding assistance fee applies to merchants who would like to use Pingomart Merchant Success Team to assist them in loading products to the platform, create artwork, marketing material, promotion materials, etc.
The buyer and Merchant agree to communicate with each other first to attempt to resolve any dispute by mutual discussions, which Pingomart shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
Each buyer and Merchant covenants and agrees that it will not bring a suit or otherwise assert any claim against Pingomart or its affiliates (except where Pingomart or its affiliates is the Merchant of the product that the claim relates to) concerning any transaction made on the Platform or any dispute related to such transaction.
Pingomart welcomes information and feedback from our users which will enable Pingomart to improve the quality of service provided. Like:
The services are provided "as is" and without any warranties, claims, or representations made by Pingomart of any kind either expressed, implied, or statutory concerning the services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by a course of dealing, course of performance or trade usage. Without limiting the foregoing and to the maximum extent permitted by applicable law, Pingomart does not warrant that the services, this platform, or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
You acknowledge that the entire risk arising out of the use or performance of the platform and/or the services remains with you to the maximum extent permitted by applicable law.
Pingomart has no control over and, to the maximum extent permitted by applicable law, does not guarantee or accept any responsibility for (a) the fitness for purpose, existence, quality, safety, or legality of items available via the services; or (b) the ability of Merchants to sell items or of buyers to pay for items. If there is a dispute involving one or more users, such users agree to resolve such dispute between themselves directly and, to the maximum extent permitted by applicable law, release Pingomart and its affiliates from any claims, demands, and damages arising out of or in connection with any such dispute.
To the maximum extent permitted by applicable law, in no event shall Pingomart be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:
You acknowledge and agree that your only right concerning any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the services.
If, notwithstanding the previous sections, Pingomart is found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, its liability to you or any third party is limited to the lesser of: (a) any amounts due and payable to you according to the Pingomart guarantee; and (b) sg $100 (one hundred Singapore dollars).
Nothing in these terms of service shall limit or exclude any liability for death or personal injury caused by Pingomart ’s negligence, for fraud, or for any other liability on the part of Pingomart that cannot be lawfully limited and/or excluded.
By submitting content for inclusion on the services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Pingomart.You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with any content contribution. You hereby grant Pingomart and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such content contribution on, through or in connection with the services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the services (and its derivative works) without the need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
Each contributor to the services of data, text, images, sounds, video, software, and other content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with their Content contribution. As such, Pingomart is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with any contribution of content. You will not hold Pingomart responsible for any user's actions or inactions, including, without limitation, things they post or otherwise make available via the services.
Also, the services may contain links to third-party products, websites, services, and offers. These third-party links, products, websites, and services are not owned or controlled by Pingomart. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Pingomart has not reviewed and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the services, you agree that Pingomart shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Pingomart may disable your use of, or remove, any third-party links, or applications on the services to the extent they violate these terms of service.
You represent and warrant that:
If Pingomart, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Pingomart, other buyers or Merchants, other third parties, or you from reversals, chargebacks, claims, fees, fines, penalties, and any other liability. The actions we may take include but are not limited to the following:
You agree to indemnify, defend and hold harmless Pingomart , and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "indemnified parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any indemnified party arising out of or relating to: (a) any transaction made on the platform, or any dispute in relation to such transaction (except where Pingomart or its affiliates is the Merchant in the transaction that the dispute relates to), (b) the Pingomart guarantee, (c) the hosting, operation, management and/or administration of the services by or on behalf of Pingomart , (d) your violation or breach of any term of these terms of service or any policy or guidelines referenced herein, (e) your use or misuse of the services, or (f) your breach of any law or any rights of a third party, or (g) any content uploaded by you.
If any provision of these terms of service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
These terms of service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The united nations convention on contracts for the international sale of goods and the uniform computer information transaction act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim, or difference of any kind whatsoever shall be arising out of or relating to these terms of service against or relating to Pingomart or any indemnified party under these terms of service shall be referred to and finally resolved by arbitration in Singapore in accordance with the arbitration rules of the Singapore international arbitration center (“siac rules”) for the time being in force, which rules are deemed to be incorporated by reference in this section. There will be one (1) arbitrator and the language of the arbitration shall be English.
Pingomart reserves all rights not expressly granted herein.
Pingomart may modify these terms of service at any time by posting the revised terms of service on this platform. Your continued use of this platform after such changes have been posted shall constitute your acceptance of such revised terms of service.
You may not assign, sublicense, or transfer any rights granted to you hereunder or subcontract any of your obligations.
Nothing in these terms of service shall constitute a partnership, joint venture, or principal-agent relationship between you and Pingomart, nor does it authorize you to incur any costs or liabilities on Pingomart ’s behalf.
The failure of Pingomart at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
These terms of service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Pingomart 's affiliates and subsidiaries (and each of Pingomart 's and its affiliates' and subsidiaries' respective successors and assigns).
The terms outlined in these terms of service and any agreements and policies included or referred to in these terms of service constitute the entire agreement and understanding of the parties concerning the services and the platform and supersede any previous agreement or understanding between the parties concerning such subject matter. The parties also hereby exclude all implied terms. In entering into the agreement formed by these terms of service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise, or assurance of any person other than as expressly set out in these terms of service. Each party irrevocably and unconditionally waives all claims, rights, and remedies which but for this section it might otherwise have had concerning any of the foregoing. These terms of service may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any consistent additional terms.
You agree to comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, US foreign corrupt practices act, and the Singapore prevention of corruption act, and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
If you have any questions or concerns about these terms of service or any issues raised in these terms of service or on the platform, please contact our customer support team.
|Industry||Additional license is required from this Government Sector|
|Production of food, drugs and cosmetic products||Food and Drug Administration (FDA)|
|Manufacturers of garments and textile for exports||Garments and Textile Industry Development Office (GTIDO)|
|Export of coconuts and coconut by-products||Philippine Coconut Authority (PCA)|
|Rice/Corn Businesses||National Food Authority (NFA) Processors and|
|Processors and traders of fibers and fiber products||Fiber Industry Development Authority (FIDA)|
|Fish/Fish Products||Bureau of Fisheries and Aquatic Resources (BFAR)|
|Animals/Animal By-Product||Bureau of Animal Industry (BAI)|
|Export of plant and plant products||Bureau of Plant Industry (BPI)|
|Exporters of forest products (e.g. logs, lumber products, plywood, etc.)||Bureau of Forest Development|
|Production or export of flue-cured Virginia-type tobacco, Burley tobacco and Turkish/Oriental tobacco products||National Tobacco Administration (NTA)|
|Commodity clearance for producers, manufacturers or exporters||DTI-Bureau of Philippine Standards (BPS)|
|Export oriented firms as sub-contractors/suppliers
(For the following sectors: garments and handwoven fabrics, gifts and housewares, furniture and fixtures, footware and leather goods, fresh and processed foods, and jewelry)
|National Subcontractors Exchange (SUBCONEX)|
|Food Service Establishments||Based on the IRR of PD 856, these two sanitation requirements should be met for a food business to operate: a sanitary permit for food establishments and a health certificate issued by the city or municipal health officer for the staff.|