Terms of Service
Please read these terms and conditions carefully before using our services.
Last updated: December 15, 2024
Table of Contents
1. Acceptance of Terms
By accessing and using the FreshMode website located at freshmode.company (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
These Terms of Service ("Terms", "Terms of Service") govern your use of our website operated by FreshMode ("us", "we", or "our").
Important: Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
You represent that you are over the age of 18. FreshMode does not permit those under 18 to use the Service. If you are between the ages of 13 and 18, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
2. Description of Services
FreshMode is an innovative platform designed to connect consumers with sustainable and eco-friendly products and services. Our Service includes:
Product Marketplace
Browse and purchase environmentally conscious products from verified sustainable brands and local artisans.
Service Directory
Find eco-friendly service providers including repair shops, upcycling services, and sustainable living consultants.
Educational Resources
Access guides, tutorials, and tips on sustainable living, product care, and environmental responsibility.
Community Features
Connect with like-minded individuals, share experiences, and participate in sustainability challenges.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice. We may also impose limits on certain features or restrict access to parts or all of the Service.
3. User Accounts and Registration
To access certain features of the Service, you may be required to register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept all risks of unauthorized access to your account
- Notify us immediately of any unauthorized use of your account
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
Account Security
You agree not to disclose your password to any third party and to take sole responsibility for activities that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
4. Acceptable Use Policy
You agree not to use the Service to:
Prohibited Activities
- Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself
- Upload, post, or transmit any material that contains viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Attempt to gain unauthorized access to any portion or feature of the Service
- Use any automated means to access the Service without our express written consent
- Collect or harvest any personally identifiable information from the Service
- Use the Service for any commercial purposes without our express written consent
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing the offending content from the Service and terminating or suspending the account of such violators.
5. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of FreshMode and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
User Content
By posting content to the Service, you grant us a worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, perform, distribute and display such content.
Your Rights and Responsibilities
- You retain ownership of content you post to the Service
- You are responsible for ensuring you have the right to post any content
- You represent that you own or have the necessary permissions to use the content
- We may use your content to promote the Service and our business
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are non-confidential and we shall be entitled to the unrestricted use and dissemination of these for any purpose, commercial or otherwise.
6. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.
Data Protection Principles
We are committed to protecting your personal data and ensuring transparency about how we collect, use, and store your information in compliance with applicable data protection laws.
Information We Collect
- Account Information: Name, email address, phone number, and other contact details
- Transaction Data: Purchase history, payment information, and shipping addresses
- Usage Data: Pages visited, features used, and interaction patterns
- Device Information: IP address, browser type, device identifiers, and operating system
- Communication Data: Messages sent through our platform and customer support interactions
We implement appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
7. Purchases and Payments
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including your payment information, billing address, and shipping information.
Payment Terms
- All prices are displayed in Philippine Peso (PHP) unless otherwise specified
- Payment is required at the time of order placement
- We accept major credit cards, debit cards, and digital payment methods
- All transactions are processed securely through encrypted connections
- Prices may change at any time without prior notice
Shipping and Delivery
Delivery times and costs vary based on your location and the items ordered. We will provide estimated delivery times during the checkout process. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.
Refund Policy
We offer a 30-day return policy for most items. To be eligible for a return, your item must be unused and in the same condition that you received it. The return shipping cost is the responsibility of the customer unless the item was defective upon arrival.
8. Disclaimers and Limitation of Liability
The information on this Service is provided on an "as is" basis. To the fullest extent permitted by law, FreshMode excludes all representations, warranties, obligations, and liabilities arising out of or in connection with the Service.
Service Availability
We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.
Limitation of Liability
In no event shall FreshMode, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
Maximum Liability
Our total liability to you for all damages, losses, and causes of action shall not exceed the amount you paid us in the twelve (12) months immediately preceding the claim, or $100, whichever is greater.
Third-Party Links
Our Service may contain links to third-party websites or services that are not owned or controlled by FreshMode. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
9. Indemnification
You agree to defend, indemnify, and hold harmless FreshMode and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).
What This Means
This means that if you cause harm to our Service, or if you use our Service in a way that violates these Terms, you agree to cover any costs or damages that result from your actions, including legal fees and other expenses.
Defense Cooperation
You agree to cooperate with our defense of any claim and allow us to assume exclusive control of the matter. You agree not to settle any matter without our prior written consent.
10. Termination
We may terminate or suspend your account and bar access to the 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 the Terms.
Your Right to Terminate
You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Service will cease immediately.
Effect of Termination
- All provisions of the Terms which by their nature should survive termination shall survive
- Your right to use the Service will cease immediately
- We may delete your account and all associated data
- We may retain certain information as required by law or for legitimate business purposes
Data Retention
Upon termination, we will retain your data for the period required by law and for legitimate business purposes, after which it will be securely deleted in accordance with our data retention policies.
11. Governing Law and Dispute Resolution
These Terms shall be interpreted and governed by the laws of the Philippines, without regard to its conflict of law provisions.
Jurisdiction
Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Cebu City, Philippines.
Dispute Resolution Process
Direct Communication
Contact our customer service team to discuss the issue informally.
Mediation
If direct communication fails, we may agree to mediation through a neutral third party.
Legal Action
If mediation is unsuccessful, disputes may be resolved through the Philippine court system.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.
Notification Process
When we make changes to these Terms, we will:
- Update the "Last updated" date at the top of these Terms
- Notify you via email to the address associated with your account
- Display a prominent notice on our Service
- Provide additional notice for material changes
Continued Use
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Material Changes
Material changes include but are not limited to:
- Changes to payment terms or pricing
- Significant changes to user rights or obligations
- Changes to data collection or privacy practices
- Changes that affect existing agreements between users and FreshMode
13. Contact Information
If you have any questions about these Terms of Service, please contact us: