Terms and Conditions

Overview

This website is operated by GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) and allows you access to the gingafood.com website (the "Website"). Throughout the site, the terms "we", "us" and "our" refer to GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA). GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) offers this website, including all various web pages, information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. This Terms and Conditions shall be applicable to all web pages operated by and services of GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA). By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Modification of the Terms and Conditions

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA), may amend this Terms and Conditions at anytime in its sole discretion. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes and be bound by such amendments, including but not limited to the changes or fees associated with the use of the Website, if any.

Section 1 - Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Consumer/User Acknowledgement

The Consumer/User:

Accepts and acknowledges that it may receive e-mail messages from GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) ;

Accepts and acknowledges that GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) does not prescreen or edit inputted user information. Any delayed or non-accomplishment of delivery as a result of mistaken user details, whether done intentionally or unintentionally, shall be the responsibility of the user.

Section 5 - Use of the Services

The Website may also contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, " Services"), you agree to use the Services only to post, send and receive messages and material that are proper and related to the particular Service and to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your name or email including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree that when using a Service, you will not:

  • Upload, post, e-mail or otherwise transmit Content that infringes any third party rights, law, regulation or this Agreement;
  • Create a false identity, impersonate any person or entity, including, but not limited to, any employee, officer or representative of GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) , its parent company, affiliates and subsidiaries, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or other means.
  • Interfere with another member’s use and enjoyment of the Service or another individuals or entity’s use and enjoyment of similar services.
  • Violate any applicable laws or regulations.

GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) has no obligation to monitor the Services. However, we reserves the right to: review; monitor; retain materials posted to a Service; remove any materials in its sole discretion; and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.

Section 6 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 7 - Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 8 - Membership Terms and Conditions

The GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) MEMBERSHIP AGREEMENT or "Agreement" forms a legal agreement between GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) and:

  • You, in your personal capacity, in relation to: (i) The creation and administration of your account; and (ii) Access to and use of the Services in your personal capacity; and
  • The company or other entity on whose behalf you are authorized to act ("Your Organization"), in relation to Your Organization's access and use of any Services, in each case ("You")

You acknowledge that you have read, understood and agree to be bound by and comply with the terms of this Agreement. Please ensure that you have carefully read this Agreement, including any other documents incorporated by reference, including GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA)'s Terms and Conditions, Legal Information and Privacy Policy. If you do not agree to this Agreement, you may not register for membership or access or use any Services.

You may not enter into this Agreement or sign-up for a membership unless You are eighteen years old and above.

Section 9 - Responsibility for User ID

The USER ID is not transferrable to any other person or entity. You are responsible for maintaining the confidentiality and security of the password and for all uses of your User ID. You agree to:

  • provide true, accurate, current and complete information about Yourself as prompted by the applicable registration forms; and promptly update this information as required to keep it true, accurate, current and complete.
  • immediately notify GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) of any unauthorized use of your password or of your User ID or any other related breach of security and ensure that You log out from the Services at the end of each session where such capability is provided to you.

You acknowledge and agree that GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) is not liable for any loss or damages whatsoever arising from Your use of your USER ID or Your failure to comply with the foregoing.

Section 10 - Returns and Refunds

Returns

In the unlikely event that you need to return, exchange or refund a purchase, please contact info@gingafood.com immediately upon receipt of the product.

Our policy lasts 7 days. If 7 days have gone by since your purchase, unfortunately we can't offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase. GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) may require details and/or photographs of the item in issue.

To complete your return, we require a receipt or proof of purchase.

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds

If you haven't received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you've done all of this and you still have not received your refund yet, please contact us at info@gingafood.com

Sale items

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@gingafood.com and send your item to: 94 Gil Puyat Avenue, Pasay City, Philippines.

Shipping

To return your product, you should mail your product to: 94 Gil Puyat Avenue, Pasay City, Philippines.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) reserves the right to decide, whether to replace, partially or fully refund or to deny any such request depending on the circumstances.

Section 11 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review Section 10 Returns and Refund.

Section 12 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Section 13 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 14 - User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 15 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 16 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 17 - No Unlawful or Prohibited Uses

You acknowledge that : (i) by using the Website, you will have access to, among others, software, graphics, news, publications, articles, photographs, sound effects, music, animation-style video and text (collectively, the "Content"); (ii) the Content may be provided under license by independent content providers, including content contributions from members of said independent content providers (all such independent content providers shall collectively be referred as the “Content Providers”); and (iii) that GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) and the Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with the use of the Website and for its intended purpose only. You agree that GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) has the right, but not the obligation, to remove any Content at any time for any reason including those it deems to be harmful, offensive, or otherwise in violation of this Terms and Conditions. You acknowledge that you do not have the right to copy, create, publish, distribute, create derivative works from or use any Content except as expressly permitted under this Terms and Conditions or by GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA).

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

As a condition of your use of the Website, you warrant to GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) that you will not use the Website, or any of its components, for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not sell or auction any accounts, characters, items or copyrighted material in or from the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

Section 18 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 19 - Indemnification

You agree to indemnify, defend and hold harmless GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 20 - Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 21 - Terminating your User ID

You may terminate your User ID by submitting a termination request to GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) at any time.

Termination of User ID. Subject to any terms as may be provided by GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) Services, GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) may terminate, in its sole discretion, without resort to summons, administrative hearings or initiating court proceedings, terminate or suspend your User ID for any reason whatsoever, including but not limited to:

  • breaches or violations of this Agreement or other agreements or guidelines incorporated herein;
  • requested by law enforcement or other government agencies;
  • unexpected technical or security issues or problems;
  • extended periods of inactivity
  • engagement by You in fraudulent, unlawful or illegal activities

Section 22 - Effect of Termination

Termination of your User ID will result in deletion of your password and termination or suspension of your User ID will result in restricting, limiting, suspending or barring of further or continued use of all or part of the Service. You agree that GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA) shall not be liable to you or any third party for any termination or suspension of your USER ID, or any restriction, suspension or barring of further or continued use of all or part of the Service.

Section 23 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 24 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Section 25 - Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Philippines.

Section 26 - Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Section 27 - Unauthorized Resale

The customer is not permitted to resale our product without any written consent and agreement with GINGA AGRIFOOD MANUFACTURING ENT. INC. (GINGA). Should you want to become a distributor, dealer or retailer, please contact us at distributor@gingafood.com.

Section 28 - Contact Information

Questions about the Terms and Conditions should be sent to us at info@gingafood.com.

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