The Scan to Order feature (“Scan to Order” or the “Service”) is an online ordering solution made possible by the partnership between GCash and Tablevibe Pte. Ltd. (“Tablevibe”). This Service enables you to access Tablevibe’s platform within the GCash app, engage with third-party merchants (“merchants”), and allows you to view, access, procure, avail of, and/or purchase their products or services
These terms and conditions (“Terms”) govern your use of the GCash Scan to Order feature. 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, and 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 (“Terms”) which are incorporated herein by reference.
For the avoidance of doubt, "we", "us", or “our”, and GCash shall refer to G-Xchange, Inc., and its directors, officers, employees, and authorized representatives, successors, and assigns). “User,” “you,” and “your” refer to the user of Scan to Order.
These Terms are effective upon your acceptance and use of the Scan to Order service. Your continued use of the Service constitutes your ongoing and continuous acceptance of these Terms for each and every transaction you conduct using Scan to Order.
If you do not agree to these terms and conditions, please do not use Scan to Order.
Eligibility
To use the Scan to Order, you must be a basic or verified account holder and user of GCash, and have a fully activated Scan to Order.
Payment Authorization
By using Scan to Order, you authorize us to: (a) charge your e-wallet account for the total amount of your purchase, and (b) share transaction details with Tablevibe and partners or merchants as necessary to complete the payment.
Privacy
Your use of Scan to Order is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Scan to Order, it is understood that you have read and consented to our Privacy Policy, available at https://new.gcash.com/privacy-notice.
Transactions with Tablevibe and Partners or Merchants
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 or use of Scan to Order
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. GCash makes no representations or warranties of any kind, express or implied: (i) about the quality, quantity, completeness, 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 or when you will receive the products and/or services that you purchased from the partner or merchant; or (iii) for any remedies on undelivered or short-delivered products and services, or any defects, damages, and after-sales services.
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 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 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 "Scan to Order" feature 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 Scan to Order feature (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 Scan to Order (which shall refers to system errors, outages, or bugs in the Scan to Order 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 the company be liable for any consequential, incidental, or punitive damages arising from customer errors related to the use of the "Scan to Order" feature.
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 "Scan to Order" feature (including claims resulting from incorrect orders or any resulting disputes) or resulting from your breach of this Agreement, whether intentional or otherwise, such as providing false or incorrect information, committing fraud or any attempt thereto, engaging in unlawful/illegal activities, among others.
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.
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 Scan to Order Terms
We reserve the right to, at any time, modify or discontinue the use of Scan to Order 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 Scan to Order. Any availment of the product or service offered to 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.
