TERMS AND CONDITIONS FOR THE CHOWKING DELIVERY WEBSITE AND APP

Effective Date: July 25, 2023 These Terms and Conditions shall apply to all orders of Chowking products (“Products”) of a customer through the Chowking Delivery Website (“Site”) and Chowking App (“App”). By placing an order for Products through the Site and/or App, you understand, agree with, and accept: (i) these Terms and Conditions and any corresponding changes thereto which we may implement from time to time; and (ii) our Privacy Policy in connection with how we process your personal information collected from the Site and/or App. For purposes of these Terms and Conditions, “Chowking”, “our”, or “we” shall refer to Fresh N’ Famous Foods Inc. – Chowking, while “customer”, “you”, or “your” shall refer to the customer.

I. Service Area

You understand and agree that the Site and/or App can only process orders covering specific service areas depending on the Order Fulfillment Option chosen (i.e., Delivery or Pick-up). If your area is not within any of these service areas, you will be prompted upon placing your order online and will be unable to place an order as there is no available store within your area.

Delivery Area

The customer selects where the order will come from. The store where the order will come from cannot be changed once the order is confirmed.

Pick-Up Area

The customer selects the store where the order will be picked up. The store where the order will be picked up from cannot be changed once the order is confirmed.

II. Account Creation

If you decide to place an order through the Site and/or App, you will be asked to register by creating an account (“Account”) which requires your personal information such as your name, complete delivery address, telephone or mobile number, email address, password, and your birth month (optional). Creating an account allows you to automatically fill-up necessary details such as delivery address and contact number on your next order. Inputting and confirming a password on the “Guest Information” or “Sign Up” page of the Site and/or App, along with other confirmations, allows you to make an account. Other information such as your birth month allows you to receive certain promos or offers during your birth month should you choose to receive the optional promo notifications. You must keep your provided password confidential and must not disclose it to anyone. If you believe someone else knows your password, please change it immediately. We reserve the right to suspend your registration if you violate any of these Terms and Conditions. You may choose to create an account by linking your Facebook, Gmail, or Apple (for iPhone users only) account. Doing so does not allow or permit the Site and/or App to access any of the contents of your Facebook, Gmail, or Apple account, except for the following:

• Your Facebook, Gmail, or Apple account name, which shall be your Account name in the Site and/or App;

• Your email address linked to your Facebook, Gmail, or Apple account, which shall be used as the email address for your Account; and

• Your phone number linked to your Facebook, Gmail, or Apple account, which shall be used as your phone number in the Site and/or App.

If you wish to order as guest, the Site and/or App will require your full name, delivery address, email address, and cellphone number on every use of the ordering platform. The information you provide will be used to facilitate your delivery or pick-up order, including resolving any issues on payment. If you are ordering as a guest, do not input or confirm any password on the pertinent pages of the Site and/or App. If another person uses your account to order Products on your behalf, with or without your knowledge, such order shall be subject to these Terms and Conditions, and you agree that the order shall be considered your own and will be charged to you. You have the option to save your full name, credit card number, expiration date, and CVV (“Credit Card Details”) for seamless payment transactions. Credit Card Details are collected, stored, and processed by our authorized third party, not by us, and we are not responsible for securing and protecting said Credit Card Details. You may manage saved credit card by: (1) adding credit card number, expiration date, CVV and your name, (2) deleting saved credit card number and your name, or (3) setting a default credit card. Once you have saved your credit card details, you may pay using the same during check out in future transactions, without entering details such as the credit card number, expiration date and CVV. As part of the validation process, our authorized third party will apply a test charge of Php10.00 when you save your credit card details. The test charge will be automatically triggered for voiding after validation of your credit card details. The option to save credit card details is applicable to registered users only.

III. Fulfillment of Order

The order submitted through the Site and/or App will be fulfilled via delivery or pick-up only. The delivery order is fulfilled either through Chowking delivery riders or other third-party delivery services which we may engage. The pick-up order is fulfilled by you based on your selected time and date and upon confirmation of your order by the selected pick-up store. We reserve the right to revise or add other order fulfillment options in the future.

IV. Submission of Order

Upon submission of your order, you thereby authorize us to process your order and prepare the Products you have specified on your order form. However, we reserve the right to refuse the processing of your order, should we find any incorrect or incomplete details or any previous spurious transactions with the given personal information. Your failure to respond to any messages and/or calls from the store or the delivery rider may result in the late or non-delivery of the Products or the late preparation of the Products for pick-up which shall not be taken against us. We may conduct additional verification or confirmation calls as may be required to properly proceed with your order.

V. Order Conditions

Delivery Conditions

By submitting your order via delivery through the Site and/or App, you understand and agree that the processing of your order shall be subject to the following conditions:

1. There is a forty-five (45) minute delivery guarantee for single receipt transactions amounting to P600 and below, except that this guarantee does not cover any delay due to heavy traffic, inclement weather, unavoidable technical difficulties in the stores, or similar conditions or circumstances that are beyond our control, or any non-delivery due to the non-availability of delivery services arising from extreme weather, natural disasters, unavoidable technical difficulties in the store/s in your area.

2. The arrival time in our delivery service guarantee will be based on our rider’s arrival at the gate of your subdivisions, villages, factories, industrial areas and other gated communities (as the case may be); while the arrival time in buildings, hospitals, condominiums, and hotels will be based on our rider’s arrival at the lobby.

3. For Orders amounting to P3,001.00 and up, you will receive a call from our store to verify your identity and your order details. Due to the volume of the Products ordered, we do not guarantee that orders will be delivered within any specific period of time and the store will coordinate with you on the delivery serving time.

4. Product/s are subject to availability at the time of delivery. If the products you ordered are not available, we may offer you a reasonable substitute product or equivalent quality and price or we may advise you through phone call for alternative product/s. You understand that should you choose to order other product/s, this may affect the purchase price.

5. Excessive requests of items such as condiments, utensils, and the like are subject to store discretion.

6. For Advanced Orders, if you wish to order in advance through the Site and/or App, you may place your order at least two (2) hours before your expected delivery time.

7. Any other special request outside the list of the Chowking product menu is strictly prohibited. Additional special request such as medicine, newspaper, cigarettes, grocery items, and the like will not be entertained.

8. If a Senior Citizen (SC) or Person with Disability (PWD) discount was applied on the delivery transaction, the corresponding SC or PWD ID/s must be uploaded in the section provided. In addition, the SC or PWD must be physically present during receipt of the delivery, and the SC or PWD ID must be presented to our rider for validation.

9. Orders above P7,000.00 are considered big orders and will not be accepted by the Site and/or App. Instead, you can place big orders directly to store via the contact numbers which may be found in https://stores.jfc.com.ph/chowking.php.

Pick-Up Conditions

By submitting your order via pick-up through the Site and/or App, you understand and agree that the processing of your order shall be subject to the following conditions:

1. Orders shall be prepared after you click the “Place Order” button. For orders amounting to P3,000.00 and below, there will be a fifteen to twenty (15-20) minutes preparation time. For orders amounting to P3,001.00 and up, you may receive a call from our store to verify your identity and your order details. Due to the volume of the Products ordered, we do not guarantee that orders amounting to P3,001.00 and up will be prepared within the 15 to 20-minute preparation time. If you were not able to click the “Place Order” button before your arrival to the store, you understand and accept the late preparation of your order.

2. In certain instances, you may choose your preferred pick-up date and time. If you do so, you are expected to arrive at the relevant store at the selected pick-up date and time. In all other cases, you are expected to arrive at the relevant store within 15 to 20-minutes upon clicking the “Place Order” button.

3. We shall exert reasonable efforts to meet the applicable pick-up date and time upon clicking the ‘Place Order’ button. You understand and accept, however, that any delay due to order volume or similar or analogous conditions or circumstance are beyond our control and shall not at any time be taken against us. You understand and agree that product/s are subject to availability at the time of pick-up. If the products you ordered are not available, we may offer you a reasonable substitute product or equivalent quality and price or we may advise you through phone call, text or e-mail for alternative product/s. You understand that should you choose to order other product/s, this may affect the purchase price.

4. Excessive requests of items such as ketchup, gravy, utensils, and the like are subject to store discretion.

5. For Advanced Orders, you may order in advance through the Site and/or App by choosing your preferred date and time.

6. Any other special request outside the list of the Chowking product menu is strictly prohibited. Additional special request such as medicine, newspaper, cigarettes, grocery items, and the like will not be entertained.

7. For credit card transactions payable upon pick-up, you will be requested to present a valid ID to our cashier for validation.

8. If a Senior Citizen (SC) or Person with Disability (PWD) discount was applied on the transaction, the SC or PWD must be physically present at the time and place of the pick-up, and the SC or PWD card must be presented to our cashier for validation.

9. Orders above P7,000.00 are considered big orders and will not be accepted by the Site and/or App. Instead, you can place big orders directly to store via the contact numbers which may be found in https://stores.jfc.com.ph/chowking.php.

VI. Order Acceptance and Confirmation

Delivery

1. Your pertinent order number;

2. The date and time of your order;

3. The total amount payable

Pick-Up

For Pick-Up, our acceptance of an order occurs when you click the “Place Order” button after receiving an on-screen message or email message confirming that your order has been placed (“Pick-Up Order Confirmation”). The Pick-Up Order Confirmation will only serve as a record of our agreement to prepare the Products you ordered and your obligation to pay the price of the Products in full and for you to pick up the Products if and once you click the “Place Order” button. The Pick-Up Order Confirmation will contain the following information:

1. Your pertinent order number;

2. Time reminder to pick up the order;

3. The Chowking store that has received and will process your order; and

4. Place Order button.

VII. Changes to and Cancellation of Orders

Changes to Order

For Delivery, changes in your order or delivery time can be made within five (5) minutes from the time that the order was placed by calling the Chowking store that received the order or by clicking “Message to Store” in the Delivery Order Confirmation page/email. For Pick-Up, changes in your order can be made prior to clicking the “Place Order” button by clicking “Message to Store” in the Pick-Up Order Confirmation page/email. Once “Place Order” button has been clicked, your order is considered final and may no longer be changed. You understand that the total amount of your order will be changed should there be any changes in your order, and that you agree to pay the new total amount. Thus:

• If you paid for your order online via credit card, any price difference as a result of changing your order must be paid in cash, payable upon delivery or pick-up.
• If, as a result of any change/s you make to your order, the total amount payable is less than the amount paid online via credit card, any amount paid in excess of the new total amount payable shall be refunded to you by your own bank. You understand and agree that in such a case, we will not process the refund on your behalf, and that you are personally responsible for processing the refund with your own issuing bank.
• If you choose to pay by credit card upon pick-up (card swipe or tap), the total amount shall be chargeable and payable upon pick-up.

If any of the changes to order include promotions which are only available for limited periods, any changes to your order may mean that the promotions are no longer available by the time the changes are made. We reserve the right to refuse any modification in case the order has already been dispatched for delivery prior to receipt of your request.

Cancellation of Order

We reserve the right to refuse any cancellation in case the order has already been prepared for delivery or pick-up prior to receipt of your request for cancellation. If payment is made via credit card and the cancellation of order was successful, it will be your responsibility to contact the issuing bank to cancel or process the refund of the payment made. VIII. Prices and Payment Unless otherwise stated in writing, the individual Product prices quoted on the Site and/or App are inclusive of value-added taxes, any other applicable taxes, and any applicable delivery charge. The Product prices on the Site and/or App are subject to change without prior notice. To check the price/s of the Product you want to order, please click the Checkout button to see the breakdown and total amount due. You can pay by any of the following methods:

• Cash upon delivery; or
• Cashless mode of payment on-Site and/or on-App (credit card and/or debit card), subject to the condition that the on-Site and/or on-App credit card payment may not be available 24 hours. Cashless payment on-Site and/or on-App will involve a redirection to a third-party payment gateway. You acknowledge that Chowking will not be responsible for any information provided in the payment gateway.

If your order is placed using a credit card, such card should be valid on the date of delivery of your order. A Senior Citizen (SC) or Person with Disability (PWD) discount may be applied on the delivery or pick up transaction, provided you comply with the Delivery and Pick Up Conditions stated below. Senior citizen and PWD discount cannot be availed in conjunction with other discounts and/or promotions. We reserve our right to refuse to deliver or prepare any order if for whatever reason we believe that payment will be refused at any stage.

IX. Refund

In case of a refund, any refund for payments made in cash would need to be processed by our Customer Services team by calling Chowing store that processed your order. Refunds for orders paid via credit card must be processed by you through your issuing bank.

X. Promotions and Coupons (Special Offers)

From time to time, products may be subject to special offers. Any special offer shall be subject to these Terms and Conditions, unless otherwise specified by us. In case of inconsistency between the special offer and these Terms and Conditions, the former shall prevail. We reserve the right to change the conditions and/or availability of special offers or withdraw them at our discretion. However, we will honor any order received before the withdrawal or changes on the special offers. All special offers are valid only within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated. For special offers made available through online coupons, these coupons may have separate mechanics and qualifiers which will be explicitly stated in each coupon. In order for you to successfully avail the coupon, you understand and acknowledge that you will follow the mechanics and qualifiers stated in each coupon, and that your failure to do so may result in your ineligibility or inability to avail the same. In such a case, you agree that we will not be liable for your ineligibility or inability to avail the coupon.

XI. Limitation and Liability

You agree that we shall not be liable for any loss, expense, cost, or damage arising directly or indirectly out of or in connection with: (i) your use of the Site and/or App; or (ii) the delay beyond the estimated time or date of delivery; or (iii) availability of product/s at any given time; or (iv) force majeure; or (v) your ineligibility or inability to avail any special offer or coupon if you are unable to follow the relevant terms and conditions or qualifiers/promo mechanics of such special offer or coupon; or (vi) any circumstances beyond our control, and over which we could not have avoided even with the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by customers or third parties. In any event, our liability for any given transaction shall not exceed the total price charged for the relevant items. The Products ordered should be consumed within one (1) hour from their actual receipt. We will not be liable for any event that may arise as a result/consequence of consuming the Products beyond the specified time.

XII. Intellectual Property

This Site and/or App contains the CHOWKING mark and their logos, as well as other trademarks, service marks, product names, designs, titles, words or phrases, graphics and logos used in connection with the Site and/or App (collectively, the “Trademarks”), including, all text, images, photographs, illustrations, data, and/or other related information, and other materials featured, displayed, contained and available in and on the Site and/or App (collectively, the “Content”), which are owned by or licensed to Chowking. The Trademarks, Content and related proprietary property are protected from copying and imitation under national and international laws and are not to be used, reproduced, adapted (whether in its original form or derivations thereof), or copied, in whole or in part, without the express written permission of Chowking. Third parties are not allowed to use the Trademarks and Content in any manner, or for any other purpose, commercial or otherwise, without Chowking’s prior express written consent.

XIII. Privacy Policy

Our Privacy Policy, and any changes thereto which we may implement from time to time, in connection with how we process your personal information collected from the Site and/or App are found in the Privacy Policy. You agree that with your acceptance of these Terms and Conditions, you have read, understood, and accepted our Privacy Policy.

XIV. Updating these Terms and Conditions

Whenever necessary, we may, from time to time, update and/or revise these Terms and Conditions. We shall inform you of any update or revision by placing the date of the latest version on top of these Terms and Conditions.

XV. Miscellaneous Provisions

These Terms and Conditions shall be governed by and interpreted in accordance with Philippine law. In case of disputes, the venue for any action shall be the proper courts of Pasig City to the exclusion of all other venues. Failure of JFC to enforce a particular term or condition does not constitute a waiver of that term or condition by Chowking, and shall not be construed as a waiver or variation of it or preclude its exercise at any subsequent time. If any of the terms or conditions is held to be invalid or unenforceable, then such term or condition shall, so far as it is invalid or unenforceable, be given no effect and shall be deemed not to be included in these Terms and Conditions, but without invalidating any of the remaining provisions.

XVI. Contact Us

If you have any questions regarding this Terms and Conditions, please contact us through: Customer Care Email: [email protected] For orders made through Grabfood and Foodpanda, place your feedback through these links: https://help.grab.com/passenger/en-ph [email protected] Note that by clicking these links, you will be leaving this page and will be directed to the specific helpdesks of our service providers.