The ordering and deliveries services via GCash Food Hub (the “Service”) is an online ordering and delivery solution made possible by the partnership between GCash and Tablevibe Pte. Ltd. (“Tablevibe”). This Service enables you to access Tablevibe’s platform in the GCash App, engage with third-party merchants (“merchants”), and allows you to view, access, order, procure, avail of, and/or purchase their products and goods (including but not limited to food and beverage) or services made available for sale on the GCash Food Hub (the “Mini Program”) from merchants and also allows you, at your option, to have such products picked-up by you or delivered to you by third-party delivery-providers from such merchants, as may be specified in the Mini Program. These terms and conditions (“Terms”) govern your use of the Service or the Mini Program. By clicking on ”Confirm” and proceeding with your access to this feature on the GCash App, you are signifying that you have read, understood, and agree to be bound by these Terms, the terms and conditions of Tablevibe, available at https://www.tablevibe.co/terms, and the GCash App Terms and Conditions, available at https://new.gcash.com/terms-and-conditions which are incorporated herein by reference.
Eligibility
To use the Service, you must be a basic or verified account holder and user of GCash, and have a fully activated Tablevibe account.
Payment Authorization
By using the Service, you authorize us to: (a) charge your e-wallet account for the total amount of your purchase, including the total amount of your tip, if you opt to pay such tip, (b) refund or return to your e-wallet any amount charged against your e-wallet account for any order that was successfully cancelled by you in accordance with the terms and conditions of Tablevibe, and (c) share transaction details with Tablevibe and partners or merchants as may be necessary to complete the payment. You agree that it is your responsibility to take all precautions and safeguards in all actions with any merchant, partner or third party you interact with through the Service or Mini Program.
You are required to make full payment of the purchase price, applicable taxes, fees, or other charges (including any tip, if you opt to pay such tip) or total amount of your purchase for the products to Tablevibe in the Mini Program. You remain liable to pay the total amount of your purchase in case cancellation was not successfully completed or made by you in accordance with terms of Tablevibe, you are not present or do not show up at the designated delivery location or you are not contactable at the time of delivery, or other similar events.
GCash retains the right to suspend the payment, debiting, charging, refund or crediting of any transaction if it determines the transaction may be unauthorized, fraudulent, or illegal, or where you have breached any of these Terms. In such case, you shall not hold GCash liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment/s to you.
Your payment of the purchase price, fees, or other charges, tipping, cancellation of orders, and the like shall be subject to the terms of Tablevibe. In the event you believe that you have been incorrectly charged or in case of a dispute on the charges, you may contact Tablevibe via Help Centre.
Privacy
Your use of the Service or this Mini Program is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service or this Mini Program, it is understood that you have read and consented to our Privacy Policy, available at https://new.gcash.com/privacy-notice.
You agree to assume full responsibility and liability for all loss or damage suffered by yourself, GCash, Tablevibe or any other party as a result of your breach of this Agreement; and
Transactions with Tablevibe and Partners or Merchants
You understand and agree that any and all transactions made and activities undertaken through the Service or the Mini Program are performed wholly or in part by Tablevibe, the relevant merchant or partner, and/or the relevant third party service providers and that such transactions and activities are initiated and/or completed in Tablevibe’s platform through the Mini Program in the GCash App. GCash does not carry out, perform , complete or fulfill any order, sale, procurement, availment, purchase or any similar or related transaction or activity that you make through the Service or the Mini Program.
We may integrate with third-party software of Tablevibe and other third-party service providers to provide a full suite of functionalities to our Users. We are not responsible for any issues or loss arising from the use of any third-party software. We do not make any declaration, representation, warranty, or guarantee on the reliability, dependability, availability, quality, accuracy, completeness, or timeliness, of products or services offered by Tablevibe or other third-party service. Your access and use of the third-party software is governed by the terms of service or user agreements of that software. As a private transaction between you and Tablevibe or other third-party service, you agree that you shall have no claim or cause of action against GCash in relation to your transaction.
For online purchases, diligence is expected of the User to only transact with reputable partners or merchants. You acknowledge and agree that your online purchases are made at your own risk. The Service and the Mini Program as well as the related and relevant content is provided to you strictly on an “as is” basis. The prices of any products or services reflected in the Mini Program are determined solely by the partners or merchants and are listed for information only. GCash does not control any of these partners or merchants or their respective products or services provided. GCash makes no representations or warranties of any kind, express or implied: (i) about the quality, quantity, completeness, merchantability, fitness for a particular purpose, and/or results of the merchant’s or partner’s products or services paid for by the User through GCash or made accessible by GCash to the Users through the GCash App; (ii) on how you will receive the products and/or services that you purchased from the partner or merchant; or (iii) for any remedies on undelivered products and services, or any defects, damages, and after-sales services. You agree that any order that you place shall be subject to the product availability and location of such partners or merchants. You shall be responsible for observing food safety regulations insofar as they may be applicable to you when placing orders through the Mini Program. You waive your right to make any claims for food safety-related issues (e.g., spoilage, allergies) for causes that were directly and solely attributable to your handling and/or acceptance of any food order. Any claims or disputes regarding the food safety shall be solely between you and the merchant. GCash shall not in any way be involved in the resolution of such disputes.
Transactions you have on Tablevibe shall be subject to the terms and conditions of Tablevibe and any transaction with a partner or merchant shall be subject to such partner or merchant’s terms and conditions, including terms and processes for purchase, return, and refund. You acknowledge, understand and agree that you shall bear all risks in connection with your viewing, obtaining, accessing, procuring, purchasing, or availing of any products or services offered or provided by any partner or merchant and shall have no recourse to GCash in respect of the same. You shall not contact or cause or attempt to cause damage to the partners, merchants, or third-party delivery providers for purposes other than the Service or to engage in transactions or activities through the Mini Program.
You acknowledge that GCash is not involved in any of your transactions with the merchants, and is only used as a payment channel or a platform such that merchants’ products or services are accessible to Users through the GCash App. You further acknowledge that GCash does not represent any merchant. As such, GCash is not responsible and liable for the acts and/or omissions of the merchants and any liability arising from your transaction with the merchants. You shall therefore indemnify, defend, and hold GCash harmless from any and all kinds of claims, demands, losses, costs, expenses, damages, or liabilities of any kind, suits, actions, assessments, judgments, payments, fines, interest, penalties, and other charges, arising from your transactions with merchants using the GCash App.
Customer Use, Indemnity for Customer Errors, and Limitations of Liability
You are solely responsible for ensuring the accuracy of all information and selections made through the Service or the Mini Program of our app. This includes, but is not limited to:
We shall not be held liable for any losses, claims, or damages incurred by you due to mistakes, omissions, or errors made by you in the use of the Service and/or the Mini Program (including, but not limited to, incorrect orders or payment amounts, and errors in item selection, quantities, or customization of orders or purchases), unsuccessful transactions caused by technical failures affecting the Service (which shall refer to system errors, outages, or bugs in the Service that do not result in successful transactions using the service, such as but not limited to payment gateway failure, login authentication error, cart or checkout bug, network timeout or app crash during a transaction, or data mismatch error , but does not include issues caused by external factors, such as, but not limited to user error, external factors, or maintenance activities), except in instances where such failures are solely and directly due to the direct and intentional misconduct or gross negligence of GCash.
In no event shall GCash be liable for any consequential, incidental, or punitive damages arising from customer errors related to the use of the Service.
You unconditionally consent to hold GCash, free and harmless, as well as defend and/or reimburse/indemnify us, by assuming full and complete responsibility or liability, for any loss or damage, including attorney's fees, that may be incurred by us or other users, partners and/or third parties, arising from your mistakes or errors in using the Service (including claims resulting from incorrect orders or any resulting disputes) or resulting from your breach of this Agreement, your use of the Service, the Mini Program, and/or your transactions with partners, merchants, or third-party delivery providers (as the case may be), your breach of any of these Terms, the terms and conditions or rights of Tablevibe or any partner, merchant or third party delivery provide, your breach of any applicable law, or your use or misuse of the Service or the Mini Program, providing false or incorrect information, committing fraud or any attempt thereto, engaging in unlawful/illegal activities, among others, whether intentional or otherwise.
Similarly, you agree to hold GCash, free and harmless, from any act or omission of Tablevibe or any third-party partner or merchant, who are respectively responsible for their own conduct.
Any questions or concerns or any disputes or complaints between you and any partner, merchant or third-party delivery provider must be taken up directly with such party. You may contact Tablevibe via Help Centre for such concerns, disputes or complaints.
Fraudulent Activities and Gamification
You agree not to engage in any fraudulent activities, including but not limited to providing false or misleading information, manipulating the system, or conducting transactions in a manner intended to deceive or exploit the service. This includes any attempts to artificially influence the outcome of transactions or the behavior of the service.
GCash reserves the right to monitor, detect, and take action against any fraudulent activities or attempts at gamification of the service. GCash will investigate any suspected fraud or manipulation and may suspend or terminate access to the service if such activities are detected.
Modifications to the Terms
We reserve the right to, at any time, modify or discontinue the use of Service or Mini Program or, with or without prior notice.
The provisions herein take effect upon the submission of your consent as evidenced by your clicking of the option indicating your agreement to be bound by these Terms and/or your continued use and access of the Services and/or GCash and Tablevibe’s platform.
The Service is solely provided by Tablevibe and the products or services, availed of and/or purchased by you, are offered or supplied by third-party partners. GCash makes no representations or warranties of any kind, express or implied, about the quality, quantity, completeness, fitness for a particular purpose, and/or results of Tablevibe’s service and merchant’s product or service paid for by the User through the Service. Any availment of the product or service offered by you is at your own risk, and you release GCash from any damages or liabilities. Any questions or concerns regarding the products or refund should be raised directly with the merchant or partner.
If you have any concerns with the GCash App, please visit the GCash Help Center and use the Help Feature (Live Chat) or submit a ticket. All disclosed information shall be treated with the utmost confidentiality and will be resolved in the most efficient and effective manner. GCash maintains full cooperation with the Bangko Sentral ng Pilipinas (“BSP”) in Financial Consumer Protection. You may coordinate with the BSP's Financial Consumer Protection Department at (632) 8708.7087 or (632) 8708.7088. You may also email BSP at consumeraffairs@bsp.gov.ph.
