Last updated: May 2021

The following terms (these “Payment Terms”) govern payments you make or receive through www.eatplayheal.com (the “Site”, “EatPlayHeal “, “Platform”), operated by FreshGartne Inc (“FreshGarten “). 

Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Payment Terms. These Terms are supplemental to FreshGarten Inc. 's Terms of Service and FreshGarten Partner Terms of Service, as applicable (collectively, the “Terms of Service”).

EatPlayHeal Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from canceled orders as a Buyer.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments and withdrawals in local currencies.

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on the Site, subject to these Terms. 

Seller Payments

• FreshGarten accredits Sellers once an order is completed. See the "Orders” section in the Terms of Service for a definition of a completed order.
• Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown for the products/services is inclusive of all such taxes and charges that may apply to the Sellers.
• Appointment as Limited Payment Collection Agent: Seller hereby appoints FreshGarten Inc. as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller.  Seller agrees that payment from Buyer to FreshGarten shall be considered the same as made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by FreshGarten(or its Payment Services Provider, as applicable), and FreshGarten (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that FreshGarten (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against FreshGarten and not the Buyer directly. Seller agrees that FreshGarten may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that FreshGarten may deem necessary or prudent.
• FreshGarten partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with FreshGarten Balances. All payments services in connection with the withdrawal of funds on the FreshGarten platform are performed by FreshGarten’s Payment Services Providers.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of FreshGarten's Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with FreshGarten’s Payment Services Provider.  All payment services, including withdrawal services, will be provided by FreshGarten’s Payment Services Provider.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
• Sellers may withdraw their revenues using one of FreshGarten’s withdrawal options (see Withdrawal Section below regarding payment terms). To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.
• For security concerns, FreshGarten may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple FreshGarten accounts to a single withdrawal provider.
• Withdrawals can only be made in the amount available to you.
• Withdrawal fees may vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
• In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by FreshGarten’s Payment Services Providers. Your FreshGarten Balance is always derived from its PHP value and, therefore, the local currency amount of your FreshGarten Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees.
• Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to FreshGarten's approval.

 Withdrawal Methods

• Withdraw to your PayPal Account - $0 Fee*. For a list of PayPal services by country click here.
• Bank transfer within the Philippines- $0 per transfer.
• Bank transfer outside Philippines - $3 per transfer*. Available worldwide. 

* Additional fees may apply based on your location and currency.

Taxes

• FreshGarten may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount FreshGarten will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount FreshGarten will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.
• Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment. 
• Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the product/service page is inclusive of all such taxes and charges that may apply to the Sellers.
• Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

Order Cancellations

• Eligibility for requests to EatPlayHeal to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the EatPlayHeal delivery system.
• Completed orders may be cancelled, upon review of our Customer Support team, up to 14 days after the order is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
• In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s EatPlayHeal Balance and will be deducted from the Seller’s EatPlayHeal Balance or, if there are no sufficient amounts in the Seller’s EatPlayHeal Balance, from future revenues of such Seller.
• Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described on the platform. You may rate your experience with the Seller on the Order Page, including the overall level of service quality received.
• Customer Support will not take any action against Orders where the applicable has failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of EatPlayHeal.
• Any non-permitted usage of EatPlayHeal encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behaviour, or other violations of EatPlayHeal’s Terms of Service.
• EatPlayHeal Customer Support will cancel orders based on, but not limited to, the following reasons:

1. The Seller is late and unresponsive for more than 24 hours.
2. Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
3. Users supplied or included copyright/trademark infringing materials as part of their requirements or the Seller’s delivery.
4. The user is no longer an active EatPlayHeal user due to Terms of Service violations or closure of their account.
5. Users who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
6. The Seller requests additional payments, on or off the Platform, by withholding the final delivery of services directly related to the agreed requirements.
7. Delivery manipulation by the seller where the service/products provided doesn’t match the description of the same listed on the platform. 
8. The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service. Note: Multiple reported offenses will result in permanent suspension of your account.

Refunds

• EatPlayHeal does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's EatPlayHeal Balance and are available for future purchases on EatPlayHeal. 
• Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
• Refund shall be made in Philippine Pesos only and shall be equivalent to the Transaction Price received in Philippine Pesos.
• For electronics payments, refund shall be made through payment facility using online banking / electronic funds transfer system..
• Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund.
• Refund shall be conditional and shall be with recourse available to FreshGarten Inc in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
• FreshGarten Inc reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with FreshGarten Inc or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

Sessions / classes / activity bookings bought by you are non-refundable, non-exchangeable, and non-saleable.

In the event of permitted booking or consultation cancellations, refunds shall be made within 7-8 days’ from the date of such cancellation to the original source of your payment.

You may request cancellation of your Subscription, however the same must be done before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Details you have provided. Refunds cannot be claimed for any partial-term subscription period.

The FreshGarten Inc. and / or relevant service provider(s) / vendor shall have the right to cease/terminate relationship with you unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to you subsequently.

With regards to payments, the Platform shall not be responsible for any unauthorised transactions conducted on our Platform using your payment card or internet banking. The Platform shall not be obligated to refund any money to you in such instances.  

General Terms

Modifications

• FreshGarten may make changes to these Payment Terms from time to time. When these changes are made, FreshGarten will make a new copy of the terms available on this page.
• You understand and agree that if you use EatPlayHeal after the date on which the Payment Terms have changed, FreshGarten will treat your use as acceptance of the updated Payment Terms.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FRESHGARTEN NOR ANY PERSON ASSOCIATED WITH FRESHGARTEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability

IN NO EVENT WILL EATPLAYHEAL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, EATPLAYHEAL AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with EatPlayHeal, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.