Terms and Conditions | FreshGarten

Home/Terms and conditions

Last updated: May 2021

Introduction

Welcome to eatplayheal.com!

These Terms and Conditions (“Terms”, “Terms of Service”, “General Terms of Service “) govern your use of our website EatPlayHeal™, located at eatplayheal.com (together or individually "EatPlayHeal" or “Platform” or “Site”) operated by FreshGarten Inc. (“Company”, “we”, “our”, “us”).

FreshGarten™ Inc., and its subsidiaries are collectively referred here as "FreshGarten" "we" or "us" and “you” or “user” means you as a user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, 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 Terms of Service, Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here (“Privacy Policy”), each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

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

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

Communications

When you use the Platform or send emails or other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other modes of communication, electronic or otherwise.

By using our Platform, you have the option to subscribe to newsletters, marketing or promotional materials. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at hello@eatplayheal.com.

Platform for Transaction and Communication

Only registered users may buy and sell on the Platform. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

eatplayheal.com (the Platform) is a platform that Users utilize to meet and interact with one another for their transactions. FreshGarten is not and cannot be a party to or control in any manner any transaction between the Platform's Users. For fees and payments please read the Payment Terms

Users may not offer or accept payments using any method other than placing an order through eatplayheal.com.

All commercial terms are offered by and agreed to between Buyers and Sellers alone. The commercial terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. FreshGarten does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by FreshGarten unless otherwise stated by FreshGarten.

Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be informed of the same by way of an email. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer.

FreshGarten does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. FreshGarten does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. FreshGarten accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

FreshGarten is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. FreshGarten cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. FreshGarten shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

FreshGarten does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Platform and use your best judgment on that behalf.

FreshGarten does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

At no time shall FreshGarten hold any right, title or interest over the products nor shall FreshGarten have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. FreshGarten is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. FreshGarten is only providing a Platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. FreshGarten currently does not facilitate business to business transactions between Sellers and business customers. You are advised to refrain from transacting on the Platform if you intend to avail the benefits of input tax credit.

At no time shall FreshGarten hold any right, title or interest over the products nor shall FreshGarten have any obligations or liabilities in respect of such contract.

FreshGarten is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that you transact with.

Selling

As a registered seller/partner/vendor/or any service provider, you are allowed to list item(s) and service(s) for sale or booking on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform.

You must ensure that the listed items and services do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, embedded videos, and pictures that describe your item and service for sale.

All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock or availability clearly indicated for successful fulfilment of sales or booking.

Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.

The Seller's rating is calculated based on the order reviews posted by Buyers. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.

For security concerns, we 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, or improper behavior reported by other users.

The listing description of the item must not be misleading and must describe the actual condition of the product or the details of the service. If the description does not match the actual condition of the item or inclusions of the service, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product or service in multiple quantities across various categories on the Platform. FreshGarten reserves the right to delete such multiple listings of the same product or services listed by you in various categories.

Buying

You may not offer direct payments to Sellers using payment systems outside of the Platform.
FreshGarten retains the right to use all publicly published items on the Platform for marketing and promotional purposes.
Please refer to the Payment Terms for making Payments through the FreshGarten platform and to learn about fees and taxes.
You may not offer Sellers to pay, or make payment using any method other than through the eatplayheal.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

If you wish to purchase any product or service made available through Platform (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, 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 for the purpose of facilitating 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.

Orders

Once payment is confirmed, your order will be created and given a unique order number.
Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
Sellers must deliver completed orders by marking the order ‘Completed’ on the order page from the admin panel, according to the product/service that was purchased.
An Order will be automatically marked as completed if no complaint is submitted by the buyer, or if the seller failed to mark it as completed, or if no changes in the delivery/schedule was informed to the customer support via email (support@eatplayheal.com) within 7 days after the original schedule/delivery date of the product/service.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact the customer support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
Once payment is made, FreshGarten’s Order Cancellations policy under the Payments Terms will apply.

Reviews

Feedback reviews provided by Buyers while completing an Order are an essential part of EatPlayHeal™’s rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Buyers may be publicly displayed on a Seller’s page.
Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller's Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Feedback reviews are unavailable for orders made through the Logo Maker.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact FreshGarten's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

Memberships and Services

Gym or studio memberships purchased from the Platform permits access to several third party providers such as fitness centres, gyms, studios, training centres, etc. You acknowledge and agree that the Platform do not have any actual control over the underlying services or quality of services provided by the third party provider, or their operations or management, and the Platform hereby disclaims any and all liability arising out of your utilisation of the services.

Charges

Membership on the Platform is free for buyers. FreshGarten does not charge any fee for browsing and buying on the Platform. FreshGarten reserves the right to change its Fee Policy from time to time. In particular, FreshGarten may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event FreshGarten reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.

Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Philippine Pesos(PHP). You shall be solely responsible for compliance of all applicable laws including those in the Philippines for making payments to FreshGarten.

For more information about payments terms, fees, and taxes see the Payment Terms.

Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by you and between "Bank/s", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s

All payments made against the purchases/services on our Platform by you shall be compulsorily in Philippine Pesos acceptable in the Philippines. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform.

Before shipping / delivering your order, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render FreshGarten liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and / or services listed on the Platform.

You have specifically authorized FreshGarten or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with FreshGarten is on a principal to principal basis and by accepting these Terms of Use you agree that FreshGarten is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform that are paid for by using the Payment Facility. FreshGarten does not guarantee the identity of any user nor does it ensure that a Buyer or a Seller will complete a transaction.

You understand, accept and agree that the payment facility provided by FreshGarten is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery and/or 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 Payment Facility, FreshGarten is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Contests and Promotions

Any contests or other promotions (collectively, “Promotions”) made available through the Platform may be governed by rules that are separate from these Terms and Conditions. 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 and Conditions, Promotion rules will apply. If there are no rules specified for the Promotion, Terms and Conditions will apply.

Free Trial

FreshGarten 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.

If you enter your billing information when signing up for Free Trial, you will not be charged by FreshGarten until Free Trial has expired. On the last day of 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, FreshGarten reserves the right to (i) modify Terms of Platform of Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

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

FreshGarten will provide you with a 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 Platform after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Returns Policy

If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the Buyer of the product/s can ask for replacement of the product/s from the Seller subject to the following terms and conditions:

Notify the seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products/services shall not be eligible for return or replacement:

Following products shall not be eligible for return or replacement:
Damages due to misuse of product;
Incidental damage due to malfunctioning of product;
Any consumable item which has been used/installed;
Products with tampered or missing serial/UPC numbers;
Digital products/services
Any damage/defect which are not covered under the manufacturer's warranty
Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
Sessions / classes / activity bookings

Content

Our Platform allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Platform, including its legality, reliability, and appropriateness. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork is a third party user generated content and FreshGarten has no control over such third party user generated content as FreshGarten is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, platform or other medium for publication or distribution or for any commercial enterprise, without FreshGarten’s prior written consent.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content").

By posting Content on or through Platform, You represent and warrant that:

Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
that the posting of your Content on or through Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Platform and you are responsible for protecting those rights.

However, by posting Content using our Platform you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform and our official social media channels. You agree that this license includes the right for us to make your Content available to other users of the Platform, who may also use your Content subject to these Terms. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

We take no responsibility and assume no liability for Content you or any third party posts on or through the Platform. FreshGarten has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Platform is the property of FreshGarten 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 for personal gain, without express advance written permission from us.

Prohibited Uses

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

In any way that can pose legal risks for our users
In any way that can pose financial risks for our users
In any way that have a high risk of piracy or hacking
In any way that infringes third parties’ terms of service.
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
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.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend Company or users of Platform or expose them to liability.

Additionally, you agree not to:

Use the Platform in any manner that could disable, overburden, damage, or impair Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Platform.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company rating.
Attempt to interfere with the proper working of the Platform.

Non-Permitted Usage

Adult Services & Pornography - FreshGarten does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on EatPlayHeal™ should be friendly, constructive, and professional. FreshGarten condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members' privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of FreshGarten will not be protected by our Terms of Service.
Authentic EatPlayHeal™ Profile - You may not create a false identity on EatPlayHeal™ , misrepresent your identity, create an EatPlayHeal™ profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. FreshGarten reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - FreshGarten will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use - You may not use EatPlayHeal™ for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active EatPlayHeal™ account and one active EatPlayHeal™ business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the EatPlayHeal™ community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of EatPlayHeal™’s Terms of Service and/or our community standards is a cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on EatPlayHeal™. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell EatPlayHeal™ accounts.

Analytics

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

No Use By Minors

The Platform is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using our Platform, 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 our Platform.

Accounts

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 the Platform.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your 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 Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

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.

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

Intellectual Property

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

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on our Platform 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 hello@eatplayheal.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

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 our Platform on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
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;
identification of the URL or other specific location on our Platform where the material that you claim is infringing is located;
your address, telephone number, and email address;
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;
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.

You can contact us via email at hello@eatplayheal.com.

Feedback Rights

To the extent that you provide FreshGarten with any comments, suggestions or other feedback regarding the Platform or the Site as a whole, as well as other FreshGarten products or services (collective, the “Feedback”), you will be deemed to have granted FreshGarten an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. FreshGarten is under no obligation to implement any Feedback it may receive from users.

Error Reporting and Feedback

You may provide us either directly at hello@eatplayheal.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Platform (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

General Terms

FreshGarten reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
Violation of Terms of Service and/or our Community Standards may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on EatPlayHeal™.
Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Disputes should be handled by contacting customer support.
FreshGarten may make changes to its Terms of Service from time to time. When these changes are made, FreshGarten will make a new copy of the terms of service available on this page.
You understand and agree that if you use EatPlayHeal™ after the date on which the Terms of Service have changed, EatPlayHeal™ will treat your use as acceptance of the updated Terms of Service.

Links To Other Websites

Our Platform may contain links to third party web sites or services that are not owned or controlled by FreshGarten.

FreshGarten has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT FreshGarten SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

Disclaimer Of Warranty

THE PLATFORM IS PROVIDED BY FRESHGARTEN ON AN “AS IS'' AND “AS AVAILABLE” BASIS. FRESHGARTEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FRESHGARTEN NOR ANYONE ASSOCIATED WITH FRESHGARTEN REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FRESHGARTEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

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

Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF FreshGarten HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF FreshGarten, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

We may terminate or suspend your account and bar access to our Platform 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 our Platform. If you are unsure how to do this, contact hello@eatplayheal.com.

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.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Philippines, which governing law applies to 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 Platform and supersede and replace any prior agreements we might have had between us regarding our Platform.

Changes To Service

We reserve the right to withdraw or amend our Platform, and any service or material we provide via our Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. 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 Platform 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 our Platform.

Waiver And Severability

No waiver by FreshGarten of any term or condition set forth 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 FreshGarten 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.

Acknowledgement

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

Contact Us

Please send your feedback, comments, requests for technical support by email: support@eatplayheal.com.

My Account

Help center

Get Social