1.0  SCOPE

1.1 SEACHAMP FOODS CORP located in Taguig City, Philippines, operates on the internet portal SeachampFoods.com, an online shopping/e-commerce site (hereinafter “SFC”).
1.2 These Terms and Conditions shall apply to product/s (Product) supplied by Seachampfoods.com to its third-party buyers or customers (Customer) covered by an existing and valid sales invoice (Invoice).
1.3 The offering on this site is only directed at end users of legal age. By accepting these Terms and Conditions and becoming a member of our e-commerce site, you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use our services.
1.4 SFC reserves the right to amend the provisions of these Terms and Conditions without notice to Customer.

2.0 ORDERS & SPECIFICATIONS

2.1 Customer understands and agrees that the purchase of the Product shall be on a pre-order basis through SFC approved Sales Executives in the manner or mode acceptable to SFC (i.e., telephone call, e-mail, social media, etc.). No orders shall be binding unless accepted by SFC in writing by the issuance of the corresponding Invoice.
2.2 All Invoices are binding and irrevocable unless SFC accepts the cancellation of the order and Invoice upon the written request of Customer.

3.0  PRICING & DELIVERY

3.1 For orders on SFC, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of VAT (where applicable) and all other price components excluding shipping costs.  All charges are stated in Philippine Pesos.
3.2 In cases where prices are displayed incorrectly on SFC due to technical errors, SFC reserves the right to cancel any contract in relation to the incorrectly priced items.  Payments already made will be refunded immediately.
3.3 The delivery fee will be for the account of Customer and shall be separate of the purchase price of the Product.  
3.4 For orders to be delivered outside NCR, SFC will contact the customer for delivery fee.
3.5 The delivery fee will be waived for single deliveries amounting to at least Php 4,000 worth of orders.
3.6  Delivery will be on Mondays-Saturdays.  Orders must be placed before 2:00 pm for the following day’s delivery.  Any order placed after 2:00 pm will be processed the following business day. 
3.7 SFC truck delivery will be based on SFC’s delivery schedule per area.  As such, SFC will assign a delivery date for the products. Customer understands that SFC cannot commit to Customer’s preferred time of delivery unless otherwise agreed upon.  SFC shall not be liable for any failure or delay in delivery resulting from circumstances/events beyond SFC’s control such as acts of God, force majeure or if the failure or delay is caused by the voluntary or negligent act of Customer.
3.8 The Product may also be picked-up by Customer at SFC’s warehouse or any other location agreed upon and indicated on the Invoice.
3.9 SFC may deliver the Product, or a portion thereof, on an earlier date upon prior notice to the Customer.
3.10 The total amount of the order quoted after the checkout process on the Website and in the order confirmation e-mail serves only as an estimate and is not the final invoice. The final invoice will be presented upon delivery of goods and may vary from the price presented at checkout and in the confirmation e-mail, subject to the computation of the actual pack weight delivered to the customer and any additional delivery fees, when applicable. The customer agrees to pay the final amount upon delivery. For orders that have been prepaid online, the customer agrees to pay the difference upon delivery.
3.11 The purchase price may be subject to adjustment by SFC for any cause upon agreement of SFC and Customer. 

4.0  INSPECTION, REPLACEMENTS, AND REFUNDS

4.1 The ownership and the risk of the delivery of the Product shall pass from SFC to the Customer when the Product is delivered to and accepted by Customer or his/her duly authorized representative.  Once delivered, SFC shall not be responsible for storage. 
4.2 If the Product is short in quantity without fault on the part of the Customer, SFC shall deliver the remaining product upon agreement with the Customer.
4.2 Upon delivery of the product, Customer shall immediately inspect the quantity and quality of the Product noting the perishable nature of the product, Customer shall notify SFC in writing within twenty-four (24) hours from delivery if product is short in quantity, defective, or not complaint with agreed specifications.
4.3 SFC will refund or offer a replacement, if the item delivered does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (subject to SFC’s Quality Control Team); or if the wrong item is delivered (wrong product or wrong size).  A Product that is presentable as to its physical appearance and in good condition is not eligible for replacement or returns.  A written notification with accompanying photos should be sent to SFC to initiate investigation. 
4.4 Where a refund is to be provided under the terms of this warranty, SFC may require the return of the item to us before refunding it.
4.5 In cases where items need to be sent back, SFC will arrange for the pick up of items at the delivery address specified during the order.
4.6 Refunds will be issued in the form of store credit, credit card refund, or by direct deposit, at SFC’s discretion.
4.7 SFC will process refunds within 15 working days of receipt of the original product and claim is verified by SFC Quality Control Team.
4.8 SFC will not accept product returns for no valid reason and when no prior contact has been made with us. To be eligible for a return, item must be unused and in the same condition it was received in. It must also be in the original packaging.
4.9 SFC will not refund or replace a product where, in our reasonable opinion, the product has, following sale to the Customer, become of unacceptable quality due to negligence of food preparation and storage, tampering after unpacking.
4.10  Frozen foods should be stored at appropriate storage units maintaining a temperature of–18°C (0°F) or lower to maintain its quality.  Lowering the temperature after it has risen does not correct the damage.

 

5.0 PAYMENTS

5.1 Payments may be made by credit card (Paypal), Bank Transfer (BDO or BPI), or GCash. SFC reserves the right to exclude a particular payment method for individual products or to require payment by one payment method only.
5.2 SFC will charge credit card payments to your credit card immediately after receipt of an order.
5.3 All prices quoted on the site are inclusive of Value Added Tax (VAT), if applicable. All charges are stated in Philippine Pesos.
5.4 SFC will process information about the Customer in accordance with the company’s Privacy Policy. By using the Website, Seachampfoods.com, you consent to such processing and you warrant that all data provided by you are accurate.
5.5 For online prepayments, Customer shall pay for the Product in full at the time of ordering by supplying us with credit or debit card details from a credit or debit card company acceptable to SFC, which is required in order to complete the order. Alternatively, you may pay by any method that we have said is acceptable to SFC. 
5.6 SFC shall not be bound to supply before funds have been cleared in full. The Customer’s credit card payments will be received and processed by our 3rd Party Payment Service Provider. Depending on the results of a credit approval, we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
5.7 If the Customer is asked for details of a payment card, Customer must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to SFC.
5.8  Customer undertakes that all details provided to SFC for the purpose of purchasing the Product will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. SFC reserves the right to obtain validation of your payment details before providing you with the Product.
5.9 SFC is not be obliged to supply the Product to the Customer until completion of the Order.
5.10 For any mistakes with a completed Order after you have submitted it to the Site, please contact Customer Service at support@seachampfoods.com immediately. SFC cannot guarantee that Completed Orders can be amended to Customer’s instructions.
5.11 If the price for the Order changes before completion of Order, SFC reserves the right contact the Customer and ask to confirm that the Customer wishes to proceed at the amended price.

6.0 IMAGE RIGHTS AND INTELLECTUAL PROPERTY

6.1 All rights to use imagery on SFC lie with SFC or our partners. The use of the material - in whatever form - is prohibited unless explicit permission from SFC has been granted.
6.2 Customer acknowledges and agrees that all material and information (such as data files, written text, computer software, music, audio files or other sounds, designs, photographs, drawings, videos or other images (hereafter referred to as the “Content”) that you may have access to on seachampfoods.com is owned or controlled by seachampfoods.com, except where stated otherwise.
6.3 You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works based on the Content (either in whole or part) unless you have the express written consent of SFC. You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works on the content (either in whole or part) unless you have the expressed written consent of SFC, either in these Terms and Conditions or otherwise.

7.0 LIABILITY

7.1 SFC is liable only for intent and gross negligence, unless there are fraudulently concealed damages, damages for loss of life, limb or health or damage arising from any infringement of essential contractual obligations. The same applies to violations by SFC’s sales executives.

8.0 SERVICE AND COMPLAINTS

8.1 We strive to be the best.  Because our customers deserve it. Therefore we aim to deal with our customers’ concerns as quickly as possible and always provide them with our feedback. For service inquiries, please contact our customer service department at e-mail support@seachampfoods.com.

9.0 CONFIDENTIALITY

9.1 SFC and Customer agree to keep confidential all relevant information, discussions and terms relating to or arising out of these Terms and Conditions and purchase of the Product. Each party shall seek the written consent of the other before any such information, discussions or terms can be released or disclosed to a third party, except such information already of public knowledge at the time of disclosure or as may be required by law or any government authority or regulatory body. The obligations hereunder shall remain effective and in full force for the term of these Terms and Conditions and shall continue to survive after the expiration thereof.

10.0 DATA PROTECTION 

10.1 SFC has implemented reasonable and appropriate organizational, physical and technical measures intended for the protection of Customer’s personal and sensitive personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing.
10.2 Any processing of Customer’s personal information shall be made for a valid, legal and reasonable purpose, taking into consideration appropriate security measures to ensure the confidentiality and/or integrity of the personal information of Customer. In this regard, any and all personal information related to Customer which may come into SFC’s possession and/or control shall be solely used for the completion of the sale of the Product.
10.3 SFC shall only retain the information of Customer until the declared, specific and legitimate purpose has been achieved or the processing relevant to the purpose has been terminated. However, SFC reserves the right to retain the information when necessary to establish, exercise or defend legal claims, for legitimate business purposes, or when provided by law, which must be in accordance with standards followed by the applicable industry or approved by the appropriate government agency.
10.4 Please refer to our Privacy Notice for details.
                                       
11.0 GENERAL PROVISIONS

11.1 These Terms and Conditions shall be fully binding upon, inure to the benefit of, and be enforceable by the parties hereto, and their respective successors and permitted assigns.
11.2 Neither party may assign its rights, interest or benefit hereto without the prior written consent of the other party.
11.3 Any right or remedy conferred herein upon either party shall not be exclusive of any other right or remedy of such party, whether hereunder or provided or permitted to such party at law or in equity, but each right or remedy shall be cumulative of every other right or remedy available to such party.
11.4 Should any provision of this agreement be legally void, this does not invalidate the whole contract. Instead, the invalid provision shall be replaced with an effective provision with the same economic purpose. The same applies to possible gaps in this contract.
11.5 SFC reserves the right to amend these terms and conditions for future business. SFC will publish any amended Terms and Conditions in a timely fashion on seachampfoods.com.
11.6 These Terms and use of the Website shall be governed by and construed in accordance with Philippine law. Customer submits to the exclusive jurisdiction of the Philippines courts to settle any dispute which may arise under these Terms.
11. 7 These terms and conditions embody the entire agreement between the parties with respect to their subject matter and supersede any prior negotiations, arrangement, understanding or agreement with respect to the subject matter or any term of these terms and conditions.

12.0 PRIVACY POLICY

PRIVACY NOTICE

Please read the following Privacy Notice to understand how we collect, use, disclose, and process your Personal Data. 

How We Collect Personal Data

We collect data when you interact with us in any or combination of the following medium:

• (website) - This is a consumer-directed website operated by us or through third party social networks such as Facebook (handle), Instragram (handle) or Twitter (handle).
• E-mail, text and other electronic messages (Viber, WeChat, Telegram, etc.). Communication via electronic means between you and our authorized personnel.
• (PLEASE ADD OTHER MODES OF DATA COLLECTION, IF ANY)

 

What Data We Collect

Depending on how you interact with us, we collect various types of information from you, as follows:

• Contact information. This includes any contact information you provide in our website, third party social media accounts, text message, or email, such as your name, telephone number, address, e-mail address, social network identifications in Facebook, Instagram, Twitter, etc.
• Information from computer/mobile device. Information about your computer system or other electronic devices that you use to access our website, including the Internet protocol (IP) address you use to connect your computer or device to the Internet, operating system type, and web browser type and version. We or our media partners may also use cookies, log files, web beacons or other similar applications that collect your browsing habits when you visit our website or third party social media networks.
• User-generated content. Content such as photographs that you may have created and shared with us on our third party social networks, or by uploading it to our website. We collect and may publish these user-generated content for promotions, marketing and other similar activities.
• Information in Third Party Social Networks. These are information on your social network accounts, such as Facebook or Instagram, which you have made accessible by the public, or those information which you have allowed your social network to share with us. These may include your name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc. 
• Information shared when buying or paying. When buying or paying, we require that you disclose certain information, such as the details of your credit card or debit card. These information are treated with utmost confidentiality and security in the manner that is compliant with all applicable laws.
• Calls to Our Authorized Dealers, Agents, or Personnel. There may be instances when you would like to speak with our authorized dealers, agents or personnel to inquire about your transactions with us. In such calls, we will be asking for your personal data, such as your name, address, or other relevant information, so we could properly address your concerns or inquiries. These communications may be recorded for training purposes. We will inform you about such recordings at the beginning of the call.
• Sensitive Personal Information. In the ordinary course of business, we will not collect or process any sensitive personal data, such as information: i) about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; ii) about an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such individual, the disposal of such proceedings, or the sentence of any court in such proceedings; iii) issued by the government agencies peculiar to an individual which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; iv) specifically established by an executive order or an act of Congress to be kept classified.

 

If the collection of any of your sensitive personal information becomes necessary, we shall ask for your prior express consent.

How We Use Your Data

Any data we collect from you shall be used and processed for legitimate purposes only, including but not limited to the following:

• To develop and improve our products and services.
• To fulfill our obligations to you when you purchase any of our products and services or when you transact with us through our website, authorized agents, dealers, or personnel.
• To determine which product or services you would most likely be interested in.
• To make a profile of our customers so we may develop our products and services to suit your needs.
• To make our operations and business processes more efficient.
• To settle disputes;
• To respond to the requirements of the law or to law enforcement authority or other government regulatory bodies;
• To answer and resolve inquiries, concerns or complaints;
• To make promotional events or activities;
• To conduct audits, including operational, risk, compliance, financial, and anti-fraud and corruption audits, and/or investigate a Complaint or security threat;
• To establish, exercise, or defend legal claims; and
• Fulfill any other purposes directly related to the above-stated purposes

Where and To Whom We Disclose Collected Data

Service providers. These are companies that we ask for help to improve our business in terms of order fulfilment, payment processing, fraud detection and identity verification, website operation, market research companies, support services, promotions, advertising providers, website development, data analysis, etc. We authorize only a limited and selected number of personnel to access and use your Personal Data for the contracted task that we have requested them to do. The processing of your data shall be subject to written contracts that specify the rights and obligations of all parties pertaining to the collection, use, and processing of your personal data.

Other Uses and Disclosures. We may also be asked to provide your Personal Data to other parties as required by law, or to protect our rights and interests, to facilitate acquisition or disposition of our business, and in emergencies where the health or safety of a person is endangered.

We may also be required by law or by necessity, contract, or legal obligation to disclose your Personal Data to the following third parties:

• Regulatory bodies/agencies, law enforcement authorities, and other legal bodies;
• Service providers;
• Suppliers;
• Stockholders and business partners; and
• Potential investors or target companies in the context of mergers and acquisitions.

 

Retention of Personal Data

In accordance with applicable laws, we will use your Personal Data for as long as necessary to fulfill the purposes for which your Personal Data was collected or to comply with applicable legal requirements. Personal data used to provide you with a personalized experience will be kept for a duration permitted by applicable laws.

Storage of Personal Data

We employ measures to keep your Personal Data confidential, safe, and secure by restricting people who can access your Personal Data on a need to know basis. We have put in place procedures designed to help prevent unauthorized access, maintain data security, and proper treatment of your Personal Data collected. 

Your Rights

Access to your Personal Data. Under the Data Privacy Act of 2012, you have a right to obtain from us any information relating to you that we have in our computer database and/or manual filing system. 

You may demand to access the following:

• The contents of your personal data that were processed.
• The sources from which they were obtained.
• Names and addresses of the recipients of your data.
• Manner by which they were processed.
• Reasons for disclosure to recipients, if there were any.
• Information on automated systems where your data is or may be available, and how it may affect you.
• Date when your data was last accessed and modified
• The identity and address of the personal information controller.

Additional rights. You may also (i) request deletion, the portability, correction or revision of your Personal Data; (ii) limit the use and disclosure of your Personal Data; (iii) revoke consent to any of our data processing activities; and (iv) object to the processing of your Personal Data, including the right to lodge a complaint with the National Privacy Commission.

Note, however, that there may be instances when we will be compelled to delete your user account in order to delete your personal data. 

Some exceptions may disallow the exercise of an individual’s right to access. This is to balance the right to privacy of an individual versus the needs of civil society. Here are some examples:

• A criminal suspect is not allowed access to the personal data held about him by law enforcement agencies as it may impede investigation.
• You are not allowed access to information about you as contained in communications between a lawyer and his or her client, if such communication is subject to legal privilege in court.
• Your right to access your own medical and psychological data may be denied you in the rare instance where it is deemed that your health and well-being might be negatively affected.

 

Changes to this Notice

This Notice may be amended or revised from time to time. You will be updated of the changes that will significantly affect your rights.

Data Controllers and Contact

To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, you may reach us through email: support@seachampfoods.com.

You may also contact our Data Protection Officer via email at: bernardo.mutuc@seachamp.com

We will acknowledge and investigate all complaints about the way we manage your Personal Data including complaints of breach of your rights under applicable privacy laws.