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Terms of Use

PRODUCTS, PRICING, CONTENT, AND SPECIFICATIONS

The products and services featured on the Platform (collectively, the “Products”) and its contents, specifications, and prices and other applicable costs or additional fees are subject to change at any time, without need of prior notice. The prices of the Products may be different from that sold in physical stores.

In cases where the details and/or descriptions of the Products as reflected in the Platform contain errors, inaccuracies and/or discrepancies, as may be determined by SM Malls Online in its sole discretion, and where the placement, processing and delivery of order(s)/purchase(s) is/are contrary to the policies of SM Malls Online and/or this Terms of Use, SM Malls Online shall, in its sole discretion, shall exercise, without need of any notice, any and all applicable remedies to resolve the foregoing, including but not limited to correcting such errors, inaccuracies and/or discrepancies and cancelling the placement, processing and/or delivery of order(s)/purchase(s).

SM Malls Online endeavors to provide an accurate description and quantity of the Products, but we do not warrant that such description, color, information, quantity or other content available in the Platform are accurate, complete, reliable, current or free from error. The weight, measurements and other descriptions provided in the Platform are approximate figures and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the available colors. However, the color you see in the Platform may differ from the actual color, depending on your mobile device, computer system, monitor, and/or other display features.

PLACING AN ORDER

To access and use the Platform, you will need to download the SM Malls Online application and to register/set-up an account therein. Upon account registration/set-up, you will be required to provide your name, valid electronic mail address, mobile number and unique password.

You may then place an order by completing the “Order Form” in the Platform and clicking on the “Confirm and Pay” button. SM Malls Online will not accept orders placed in any other manner. You shall be responsible for ensuring the completeness and accuracy of the information provided for the order placed.

The Tenant bears complete responsibility to ensure that the shipment is properly packed, to protect from any damage while in transit to you. The Tenant is also expected to ensure that the quality and quantity of the goods delivered to the customer are consistent with the quality and quantity of the goods as ordered by the customer through the Platform.

SM Malls Online shall not be responsible for any issues or concerns with respect to the placement, processing and delivery of a customer’s order arising from or in connection to missing, incomplete, inaccurate or incorrect information or details supplied by the customer.  The customer shall be responsible for ensuring completeness and accuracy of any information or detail supplied by him/her for the purpose of order placement, processing and delivery, which shall include but shall not be limited to the delivery address and contact information.

 SM Malls Online shall not be liable for orders with placement, processing and/or delivery concerns or issues in relation to missing, incomplete, inaccurate and/or incorrect details provided by Tenant or the customer.

The price of the items payable by a customer shall be the listed price at the time at which the order was placed. Tenant is required to provide the most accurate pricing information on the Platform to the customers. However, errors may still occur, as wrongly priced items may be displayed on the Platform. As such, SM Malls Online and/or Tenant reserve/s the right to refuse or cancel any such orders. In the event that an item is mispriced, the Tenant, at its own discretion, may either contact you for instructions to implement replacement or notify you for cancellation. SM Malls Online shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account was charged.

 

RESTRICTIONS, LIMITATIONS OR CONDITIONS OF PURCHASE

SM Malls Online reserves the right, without prior notice, to limit the quantities sold in the Platform, to cancel any order at any time, and/or to refuse service to any customer. We will notify you through the email address you provided for any cancellation or change status in your order. We may also require verification of information prior to the acceptance and/or shipment of any order. You confirm that you are of the appropriate age to purchase items which are subject to age restrictions relating to the purchase thereof. SM Malls Online, Tenant and the delivery riders may, at their sole discretion, require the submission of the necessary documentation for purposes of identity and age verification in relation to placement, processing and delivery of orders. You agree that SM Malls Online, Tenant and/or delivery riders may process your personal information for the placement, processing and/or delivery of your order, and for any potential instances as SM Malls Online, Tenant and/or delivery riders will use the information to establish identity and age. SM Malls Online, Tenant and/or delivery riders may refuse/cancel the placement, processing and delivery after such verification if the customer’s purchase is contrary to pertinent laws, rules and regulations.

You confirm that your purchase of any item through the Platform shall be in accordance with and shall not violate laws, rules or regulations, whether local or national in scope. You confirm and agree that you will not impersonate or misrepresent a person or entity and that you will not attempt to gain any unauthorized access to the SM Malls Online system.

 You confirm and agree that SM Malls Online may monitor, screen or control any activity, content or material in the Platform and the related services. Your further confirm and agree that SM Malls Online may, at its sole discretion, investigate any violation of this Terms of Use, report any suspicious activity that may be considered in violation of applicable law, rules and regulations, and take any action it may deem appropriate to address the foregoing.

Use of the Platform is limited to authorized customers that are of legal age and have the legal capacity to enter into a contract, including those which specifically relate to the goods and/or services purchased.

You confirm and agree that you cannot record, collect, store, modify, organize, retrieve, use, consolidate, block, erase or delete any information about others, including their personal information, as may be contained in or processed through the Platform and/or the SM Malls Online application. SM Malls Online may investigate any act, conduct or activity that is suspected to be in violation of the foregoing.

PAYMENT AND VOUCHERS

All prices indicated in the Platform are in Philippine Peso. When an order is placed in the Platform, you have the following payment options:

Pre-payment (Credit or Debit Card) Most major credit and debit cards, such as Visa, Mastercard, JCB and American Express, are accepted. When you pay using your credit or debit card, you will be redirected to another website owned and operated by an independent payment gateway service provider, which shall collect and process your financial information pursuant to its own terms and own policies.

Cash on Delivery (COD) When you pay with cash upon delivery, a third-party logistics service provider (3PL) owned and operated by an independent company, shall collect your payment pursuant to its own terms and own policies.

If you fail to make any payment pursuant to the payment method selected or payment is cancelled for any reason whatsoever, SM Malls Online will cancel the order and suspend delivery of the Products until payment is made in full.

At any given time, promo vouchers may be made available for use in the Platform. By using the promo voucher, you understand and agree to be bound by its terms and conditions.

If you use promo vouchers to order goods and/or services not otherwise eligible or qualified to be purchased through such promo vouchers, SM Malls Online shall have the right to cancel the placement, processing and/or delivery of such order and/or to suspend your access to the Platform.

SHIPPING, DELIVERY, AND STORE PICKUP LIMITATIONS

When an order is placed in the Platform, you have the following delivery options:

Delivery Product(s) will be delivered to an address designated by you, as long as that shipping address is compliant with our service provider’s shipping restrictions and in accordance with its terms and conditions. If you will not be personally available to receive your delivery, please provide an authorization letter and a copy of your ID to an authorized representative for timely releasing of your order.

Store Pickup Products purchased through the Platform, which are for store pick-up (also known as “Pickup”), are subject to SM Malls Online’s Pickup Guidelines and Restrictions as follows:

  • When the Product is ready for pick-up, you will receive an email and/or SMS containing message that the Product/s is available for pick-up at your chosen Pickup store branch. Ordered Products may only be picked up at the Pickup store branch chosen during the checkout process.
  • If the product stored for pick-up is different from the product purchased through the Platform, you may return the item at any of the Customer Service counters of any store branches for proper checking and processing in accordance with our Return and Exchange Policy.
  • You have seventy-two (72) hours for General Merchandise and twenty-four (24) hours for Food and Beverage items from order creation thereof to pick-up the Product purchased through the Platform. After the lapse of the foregoing applicable periods without pick-up being effected, your order will be automatically cancelled and we will not be under any obligation to ensure the availability of the Product at the designated branch. We may refund the payment made, if any, in accordance with our Return and Exchange Policy.
  • You have seventy-two (72) hours for General Merchandise and three (3) hours for Food and Beverage items from order creation to contact SM Malls Online if there is any issue with the order.If no concerns or issues with respect to the items was communicated to SM Malls Online within the foregoing applicable periods, the ordered items shall be deemed (a) to have been timely delivered, in acceptable quality and in the correct quantity/ies, and (b) to be fully compliant with all the applicable warranties under law.
  • You may not change the Pickup store branch once the order has been processed.

Express Delivery (delivery to be completed within one (1) hour and five (5) minutes from order creation/placement) and In Store Pick Up for Food orders may not be refunded once the items have been tagged Acknowledged in the Platform.

SM Malls Online reserves the right not to process refunds in relation to Express Delivery and In Store Pick Up for Food orders in cases where the preparation for the food items ordered has already commenced.

 

RETURN POLICY

Return and exchange of Products are subject to the SM Malls Online’s Return and Exchange Policy

CANCELLATION POLICY

Orders may be cancelled before or after Tenant’s acknowledgment thereof. If an order is cancelled after Tenant’s acknowledgment thereof, no refund shall be issued with respect to such cancellation and the delivery of the cancelled order shall be forfeited.

Order placement/creation and/or processing may be cancelled if the Products subject thereof are no longer available. Every order placement/creation for the goods and/or services of a Tenant shall be limited to the goods and/or services being offered by such Tenant. Every order placement/creation for the goods and/or services of a Tenant should first be cancelled or completed before you are allowed to proceed with an order placement/creation for the goods and/or services of another Tenant.

If you cannot be reached or if you failed to respond through your given contact details within ten (10) minutes upon rider’s arrival to the delivery address or if you or your representative fails to receive the order within ten (10) minutes upon rider’s arrival to the delivery address, SM Malls Online may cancel the order and process refund according to its refund policy.

TERMINATION OF ACCOUNT AND PLATFORM SERVICES

We may suspend or terminate your account or your use of the Platform at any time, for any reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Platform at any time, without prior notice. However, you are personally liable for any orders or charges that you incur prior to the termination or suspension of your account and/or Platform services.

 

ACCURACY OF INFORMATION

The Platform may contain typographical errors or inaccuracies and may not be complete or current. SM Malls Online therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability of information.

 

INTELLECTUAL PROPERTY

All information and content available in the Platform, including but not limited to, trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) are our property or the property of our parents, subsidiaries, affiliates, partners or licensors, and are protected by international laws, including laws governing copyrights and trademarks.

Except as required under applicable law, neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing contained in the Platform grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Platform, without our written permission or such third party owner, as may be applicable.

 

THIRD PARTY LINKS

From time to time, the Platform may contain links to websites, applications, or online or digital sites or services that are not owned, operated or controlled by Online Mall, Inc. or our affiliates, subsidiaries or partners. All such links are provided solely as a convenience to you and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners. If you use these links, you will leave the Platform and your use of the said links will be at your own risk. Neither Online Mall, Inc., nor any of our affiliates, subsidiaries or partners are responsible for any content, materials or other information located on or accessible from any other website, application, or online or digital site or service. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Platform, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.

 

USER INFORMATION

Other than Personal Data as defined under Republic Act No. 10173 (Data Privacy Act of 2012), which is subject to SM Malls Online’s Privacy Policy, any material, information, suggestions, idea, concept, know-how, technique, question, comment or other communication you transmit, upload, or post to or through the Platform in any manner (“User Communications”) are and will be considered non-confidential and non-proprietary. SM Malls Online may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, deletion and manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. However, we retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

You agree that SM Malls Online may disclose User Communications to the extent that such is required to be disclosed by law, by any governmental and other regulatory authority, or by a court or other authority of competent jurisdiction, without need of any notice.

You hereby consent (i) to the collection, recording, organization, storage, updating, retrieval, consultation, use, consolidation, transfer, sharing, and/or processing of your personal information and sensitive personal information by SM Malls Online and its related corporations and affiliates (collectively, “SM Malls Online Group”), their agents and authorized service providers, in order to review, process, implement or perform acts in relation to your use or access of the SM Malls Online Application and the Platform, including but not limited to the placement, processing and delivery of order(s) for products and services through the Platform and (ii) to the SM Malls Online Privacy Policy found at https://www.smmallsonline.com/privacy-policy.

You are solely responsible for creating, submitting, protecting and safeguarding your personal information which you will provide for processing in accordance with the SM Malls Online Privacy Policy and this Terms of Use.

 

LIMITATIONS AND LIABILITY

You agree that neither we nor our parents, subsidiaries, affiliates or partners, or our/their respective directors, officers, shareholders, employees and agents will be responsible or liable for any ordinary, direct, consequential, incidental, special, punitive or exemplary damages or any other losses or liabilities arising out of (a) the use or inability to use the platform; (b) any decision made, action or inaction taken by any party in reliance upon the contents of the platform; (c) business interruption; (d) delay/interruption in access to the platform; (e) data non-delivery, mis delivery, corruption, destruction or other modification; (f) loss or damages of any sort incurred as a result of accessing the third party links on the platform; (g) computer viruses, system failures or malfunctions in connection with use of the platform; or (h) any delays, inaccuracies, errors in or omissions in the content of the platform.

You agree that your sole remedy, if any, is from the manufacturer or supplier of the products, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return or refund for such products in accordance with our Return and Exchange Policy.

You agree that SM Malls Online, its parent company/ies, subsidiaries, affiliates or partners, and their respective directors, officers, shareholders, employees and agents are not liable for any and all liabilities, obligations or claims of any kind or character arising out of or in relation to the following:

A.     Application down time/Application inaccessibility, such as but not limited to: connection failure, server error, transmission delay, computer virus, malicious and corrupting code, leading to the inability to use the service/s offered by the Platform

B.      All kinds of information made available by any party through the Platform

C.      Use and/or access to other websites or webpage  where the Platform appears or is linked, with or without advice from our agents and employees

You agree to hold SM Malls Online, its parent company/ies, subsidiaries, affiliates or partners, and their respective directors, officers, shareholders, employees and agents free and harmless from and against any losses, claims, damages, liabilities, expenses, and/or costs of litigation, resulting from or arising out of your access, use and availment of the SM Malls Online Application and/or Platform and the services therein. You further agree to indemnify SM Malls Online, its parent company/ies, subsidiaries, affiliates or partners, and their respective directors, officers, shareholders, employees and agents for any losses, claims, damages, liabilities, expenses, and/or costs of litigation, resulting from or arising out of your access, use and availment of the SM Malls Online Application and/or Platform and the services therein.

ACCESS TERMINATION

We have the discretion to immediately terminate your access to the Platform without prior notice due to whatsoever reason.

GOVERNING LAW

This Terms of Use shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

REVISIONS TO THE TERMS OF USE

Our online services will continue to evolve to bring you new features and services and to implement technological advances. As a result, we may change this Terms of Use from time to time without prior notice. Revised versions of this Terms of Use will be posted on the Platform and at https://www.smmallsonline.com page, tagged as Terms and Conditions, together with an updated effective date. In some cases, we may also send an email or other communication notifying users of the changes. You should check this page periodically to see if there are any recent changes to this Terms of Use. By downloading, installing, accessing, or using any of our online services after we post any such changes, you agree to the terms of this Terms of Use as modified.

If you have any questions relating to the Platform, please refer to Frequently Asked Questions or you may send a message to us via our Contact Us page.

 

By signing the accompanying sign-up sheet or ticking the “Agree” button, you agree to the foregoing Terms of Use, to the processing of your personal information in accordance thereto, and to the SM Malls Online Privacy Policy.