General Terms of Use

1. Acceptance and Scope

These General Terms of Use (“General Terms”) govern access to and use of the TindaNation website, web applications, mobile applications, APIs, communication tools, and related services (collectively, the “Platform”). By creating an account, selecting an acceptance control, or using the Platform after these General Terms are presented to you, you agree to be bound by them and by the role-specific terms and policies that apply to you.

If you do not agree, do not create an account or use the Platform. Mandatory rights and obligations imposed by Philippine law are not waived by these General Terms.

2. Definitions

• “TindaNation” means the Platform operated by TINDANATION APPLICATION HOSTING SERVICES.
• “Customer” means a person who uses the Platform to browse, order, purchase, or receive goods or services.
• “Merchant” means a business or seller approved to offer goods or services through the Platform.
• “Delivery Operator” or “Operator” means a person or business approved to provide delivery services through the Platform and that may engage or manage one or more Riders.
• “Rider” means a person authorized by a Delivery Operator to pick up, transport, deliver, or return an Order.
• “Order” means a transaction initiated through TindaNation involving goods or services from one Merchant and, where applicable, a selected Delivery Operator.
• “Platform Fee” means a fee charged by TindaNation to a Merchant, Operator, or other business user as separately disclosed and agreed.
• “Policies” include the Privacy Policy, Prohibited and Restricted Products Policy, Cancellation/Refund Policy, Complaints Policy, and other published rules incorporated by reference.

3. Role-Specific Terms and Order of Precedence

Your role-specific terms supplement these General Terms. If a role-specific term conflicts with these General Terms on a matter unique to that role, the role-specific term controls. A signed or electronically accepted Delivery Operator Commercial Schedule controls over the Operator Terms only for the specific commercial fields stated in that schedule. Applicable law always prevails over conflicting contractual language.

4. Eligibility and Accounts

• You must have legal capacity to enter into the transactions you initiate. A person below eighteen (18) years old may not access age-restricted goods and should use the Platform only with appropriate parent/guardian involvement where permitted by law.
• Business users must provide truthful and current registration, identity, contact, tax, permit, and other verification information reasonably required by TindaNation or applicable law.
• You are responsible for safeguarding your phone, OTP access, session, and devices. Do not share OTPs or authentication credentials with unauthorized persons.
• You must promptly update inaccurate account information and notify TindaNation of suspected unauthorized access.

5. What TindaNation Provides

TindaNation provides technology that enables discovery of Merchants, ordering, location/service-area matching, selection or assignment of Delivery Operators/Riders, order status updates, communications, records, reports, and related platform functions. TindaNation may change features, interfaces, or technical requirements from time to time, subject to applicable law and reasonable notice for material changes.

6. Relationship of the Parties

Unless expressly stated otherwise in a written agreement, Merchants sell their own goods/services and Delivery Operators provide delivery services through their own operations. TindaNation does not manufacture Merchant goods and does not become the seller of a Merchant’s products merely because an Order is facilitated through the Platform.

The parties intend that Merchants and Delivery Operators operate as independent businesses or contractors rather than as employees of TindaNation, subject to the actual circumstances and applicable Philippine law. Riders are connected to TindaNation through their Delivery Operator unless a separate written arrangement states otherwise.

7. Acceptable Use

• Do not use TindaNation for fraud, money laundering, harassment, threats, unlawful discrimination, exploitation, illegal goods, or other unlawful activity.
• Do not bypass Platform controls, impersonate another person/business, falsify documents, manipulate order status, create sham transactions, abuse promotions, scrape protected data, reverse engineer restricted components, or interfere with Platform security.
• Do not use customer, merchant, operator, or rider information obtained through an Order for unrelated marketing, stalking, harassment, or off-platform solicitation.
• TindaNation-originated Orders must be processed through the Platform’s authorized workflow. Parties must not divert an active TindaNation Order off-platform to avoid records or agreed Platform Fees.

8. Communications

TindaNation may send transactional notices, OTPs, order updates, safety messages, policy notices, support communications, and legally required notices through the Platform, SMS, email, push notification, or other available channels. Marketing communications will be handled in accordance with applicable consent and privacy requirements.

9. Fees and Taxes

Any Platform Fee, subscription fee, transaction/service fee, or other charge will be disclosed through the applicable role terms, dashboard, fee schedule, or commercial agreement. A fee does not apply merely because it is mentioned as a possible fee. Business users remain responsible for their own taxes, invoices/receipts, registrations, and statutory charges except to the extent the law expressly places an obligation on TindaNation.

10. Intellectual Property

TindaNation and its licensors retain rights in the Platform software, designs, trademarks, databases, documentation, and other protected materials. Users receive only the limited right to use the Platform for authorized purposes. Merchants retain rights in their own brand assets and listings but grant TindaNation a non-exclusive licence to host, reproduce, resize, display, and transmit such content as necessary to operate and promote the Merchant’s presence on TindaNation.

11. User Content and Records

You represent that content you upload or submit is lawful and that you have the necessary rights to use it. TindaNation may preserve transaction, communication, verification, support, and safety records as described in the Privacy Policy and as necessary for legal obligations, disputes, fraud prevention, and Platform integrity.

12. Suspension and Termination

TindaNation may restrict, suspend, investigate, or terminate access when reasonably necessary to address legal violations, safety risks, fraud, non-payment of agreed Platform Fees, false verification information, prohibited goods, serious or repeated policy violations, court/government orders, or material threats to users or the Platform. Where practicable and legally appropriate, TindaNation will provide notice and an opportunity to respond.

Termination does not erase obligations that arose before termination, including valid fees, refunds, returns, settlements, confidentiality obligations, data-retention duties, or unresolved claims.

13. Platform Availability and Third-Party Services

TindaNation relies on telecommunications and internet/data providers, mapping services, cloud hosting, SMS gateways, payment processors, device capabilities, and other third-party services. The Platform may experience outages, interruptions, poor signal coverage, degraded network performance, delayed communications, inaccurate map information, or other disruptions beyond TindaNation's reasonable control. To the fullest extent permitted by law, TindaNation is not liable for losses, delays, or damages caused by such third-party outages, connectivity failures, or service disruptions. Nothing in this section limits any liability that cannot lawfully be excluded.

Users are responsible for maintaining compatible, adequately charged, and properly functioning devices and sufficient connectivity to use the Platform. To the fullest extent permitted by law, TindaNation is not responsible for losses, delays, or disruptions caused by a user's defective or incompatible device, insufficient device specifications, low battery, lack of data service, poor local signal, or other device or connectivity conditions attributable to the Customer, Merchant, Delivery Operator, or Rider.

14. Disclaimers and Statutory Responsibilities

Merchant goods and Merchant-provided information are primarily the Merchant’s responsibility, while delivery handling performed by an Operator/Rider is primarily the responsibility of that Operator/Rider. However, TindaNation will perform the duties imposed on it by applicable law, including duties applicable to an e-marketplace or digital platform. Nothing in these General Terms excludes or limits rights, remedies, or liabilities that cannot legally be waived.

15. Limitation of Liability

To the fullest extent permitted by law, no party is liable to another for purely indirect, incidental, special, or consequential losses that were not reasonably foreseeable from the relevant breach. This clause does not exclude liability for fraud, wilful misconduct, personal injury caused by actionable fault, data-protection obligations, consumer rights, or any liability that applicable law does not permit the parties to exclude or limit.

16. Complaints and Disputes

Users should first use TindaNation’s Complaints and Internal Redress Policy. Nothing in these General Terms prevents a person from approaching a competent government agency, court, or alternative dispute resolution mechanism when the internal process has been exhausted or where immediate external action is permitted by law.

17. Privacy

Personal data is processed according to the TindaNation Privacy Policy and applicable Philippine data-protection law. Privacy consent will be obtained where consent is the appropriate legal basis; other processing may rely on contract, legal obligation, legitimate interests, or other lawful bases permitted by law.

18. Changes to These Terms

TindaNation may update these General Terms for legal, security, technical, or business reasons. The current version and effective date will be published. Material changes will be communicated reasonably in advance where practicable, and renewed acceptance will be requested when appropriate or legally required. Changes will not retroactively alter the agreed price or essential terms of an already accepted Order unless the parties agree or law requires otherwise.

19. Governing Law and Venue

These General Terms are governed by the laws of the Republic of the Philippines. For disputes between TindaNation and a Merchant or Delivery Operator that are not within the exclusive jurisdiction of a government agency or other tribunal, the parties agree that venue may be laid in the proper courts of Kabankalan City, Negros Occidental, subject to final counsel review. Consumer disputes remain subject to mandatory consumer-protection, agency, procedural, and venue rules that cannot be waived by contract.

20. General Provisions

• If a provision is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.
• Failure to enforce a provision once is not a permanent waiver.
• These General Terms, applicable role terms, Policies, and accepted commercial schedules form the agreement concerning use of TindaNation, subject to any separately signed agreement that expressly overrides them.
• Electronic records, electronic acceptance, and electronic communications may be used to evidence the parties’ transactions to the extent permitted by law.

21. Contact

Questions about these General Terms may be sent to [email protected].