Terms and Conditions
When you create a SoilMate App account or use the SoilMate App, you hereby warrant that:
WHEREAS, the term “SOILMATE” refers to THE SOILMATE APP.
WHEREAS, the term “TSCI” refers to THE SOILMATE COLLECTIVE, INC.
WHEREAS, the term “WWF-PH” refers to THE WORLD WIDE FUND FOR NATURE PHILIPPINES.
WHEREAS, SOILMATE offers a service offers a service which provides clients materials for food waste collection and a bucket exchange service/system as a solution to improper food waste handling/disposal.;
NOW THEREFORE, for and in consideration of the foregoing premises and the covenants and stipulations set forth below, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations.
If you access or download SoilMate from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We, The SoilMate Collective Inc., reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
Last updated: June 19, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by you on any electronic device, named SoilMate.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) from which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for you to access our Service or parts of our Service.
- Country refers to: the Philippines.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Soilmate Collective Inc., Unit 3302 Tycoon Center Pearl Drive Ortigas Center Pasig City, Philippines 1605.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Book-a-Bucket Composting Service processes by the company.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to you.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You (also referred to as “User” in this Agreement) means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
If you do not agree with these Terms & Conditions, you are prohibited from further using the app, accessing our website, or using any other services provided by the SoilMate App.
You represent that you are over the age of 18. Persons under the age of18 are not permitted to use the Service.
Services & Subscriptions
The Service or some parts of the Service are available only with a paid Subscription. you will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.
You may cancel your Subscription renewal either through your Account settings page or by contacting the Company. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the Service until the end of your current Subscription period.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Company recognizes their responsibilities under the Republic Act No. 10173 (Act), also known as the Data Privacy Act of 2012, with respect to the data they collect, record, organize, update, use, consolidate or destruct from the users of the Application. The personal data obtained from this Service is entered and stored within the Company’s authorized information and communications system and will only be accessed by the SOILMATE and TSCI authorized personnel. The Company has instituted appropriate organizational, technical and physical security measures to ensure the protection of the users’ personal data.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.
The Service, including but not limited to content (excluding content provided by you or other users), graphics, user interface, editorial content, scripts and software used to implement the Service, features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of the Philippines.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of the Service.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company. In the event of a suit arising out of or in accordance with these Terms, it shall be brought exclusively to the proper courts of Pasig City.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is made we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Any such amendments shall bind you unless you object thereto by manifesting your intention to terminate this Agreement in writing within thirty (30) days from notice of amendments.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. Failure to notify TSCI of your intention to terminate this Agreement as provided in this clause shall also be construed as your acceptance of the amendments to this Agreement.
All notices or communication under this Agreement shall be in writing and shall be delivered personally or transmitted by registered mail, postage prepaid, or e-mail as indicated on this form. All notices shall be deemed duly given on the date of receipt, if personally delivered or e-mailed.
If you have any questions about these Terms and Conditions, you can contact us:
- By email: firstname.lastname@example.org or email@example.com
- By phone: +63 918 959 9398