Merchant Terms & Policy

1. Definition of Terms

• Platform / Application: The Pasugo technology system provided to merchants to receive and manage orders.
• Goods: The food, beverages, or other retail products offered by the Merchant through the Platform.
• Service Fee: The commission rate payable to Pasugo for successful orders, established as 10% to 12% of the total order value or a minimum of ₱15.00 per completed order, whichever is higher.
• Income From Goods: The final remitted amount owed to the Merchant after Pasugo deducts the applicable Service Fee and any customer refunds.
• Customer Personal Data: Any identifying information of the end-user (e.g., name, delivery address, phone number) provided to the Merchant solely for fulfilling the order.

2. Merchant Registration

2.1 The Merchant confirms that all information provided during registration is true, accurate, and complete.

2.2 Pasugo reserves the right to verify business information and approve or reject any merchant application at its sole discretion.

3. Device Usage and Order Preparation

3.1 The Merchant shall ensure that during its declared business hours, the Pasugo Merchant Application or provided ordering device is turned on, connected to the internet, and actively monitored to receive and process orders.

3.2 The Merchant agrees to prepare orders promptly, ensure all items are complete and properly packaged, and cooperate with Pasugo riders to ensure timely delivery.

4. Product Availability

4.1 The Merchant is solely responsible for maintaining accurate product availability within the Pasugo application.

4.2 Merchants must use the product availability toggle to immediately mark any out-of-stock item as Unavailable.

4.3 If a customer places an order for an unavailable product due to the Merchant's failure to update inventory, the Merchant accepts full responsibility for any resulting cancellation, refund, delay, or customer complaint.

4.4 Repeated failure to maintain accurate inventory may result in account warnings, temporary suspension, or permanent removal from the Pasugo platform.

5. Product Pricing

5.1 The Merchant is responsible for ensuring that all prices displayed in the Pasugo app are accurate and up to date.

5.2 Prices must match the actual selling price unless an approved promotion is being offered. The Merchant must verify and complete customer orders with reasonable care and is strictly prohibited from manually adjusting prices to be higher than what is displayed on the Application.

6. Commission Structure

6.1 The Merchant agrees to Pasugo's service commission, established as 10% to 12% of each completed order, or a minimum commission of ₱15.00 per completed order, whichever amount is higher.

6.2 Pasugo reserves the right to deduct the applicable commission directly before rendering merchant payouts.

7. Product Quality, Safety, and Alcoholic Beverages

7.1 The Merchant is solely responsible for the quality, freshness, safety, and legality of all products sold through the Pasugo platform. Food items must be prepared, handled, and packed according to prevailing food safety standards, and non-food items must be fit for purpose and in good condition.

7.2 Merchants selling alcoholic beverages (beer, liquor, wine, or similar products) are strictly responsible for complying with all applicable Philippine laws and local government ordinances.

7.3 The Merchant expressly agrees to:

• Sell alcoholic beverages only where legally permitted by local zoning and licensing.
• Refuse the sale of alcoholic beverages to persons below the legal drinking age (minor) or to any customer prohibited from purchasing alcohol under applicable law.
• Accept full, exclusive liability for compliance with alcohol-related laws and regulations.

7.4 Pasugo acts solely as a technology platform and is not responsible for the Merchant's compliance with laws governing the sale of alcoholic beverages.

8. Prohibited Activities

8.1 Merchants shall not:

• Sell illegal, regulated, or counterfeit products.
• Misrepresent products, specifications, or pricing.
• Provide false, misleading, or fraudulent business information.
• Commit fraud or otherwise abuse the Pasugo platform ecosystem.
• Engage in abusive, harassing, or inappropriate behavior toward customers, riders, or Pasugo personnel.

9. Refunds and Complaints

9.1 If an order issue is caused by the Merchant — including incorrect items, missing items, poor product quality, expired products, damaged goods, or inaccurate inventory updates — the Merchant shall be held financially responsible for refunds, replacements, or other appropriate consumer resolutions.

10. Data Privacy and Confidentiality

10.1 The Merchant shall use Customer Personal Data provided by Pasugo solely for the direct and specific purpose of fulfilling the requested order.

10.2 The Merchant is strictly prohibited from extracting, copying, or retaining Customer Personal Data for direct marketing, promotional SMS, or any other unauthorized purposes. Once the order is completed, the Merchant must not contact the customer outside of the Pasugo Platform.

11. Intellectual Property and Marketing Rights

11.1 The Merchant grants Pasugo and its affiliates a perpetual, worldwide, royalty-free, and non-exclusive license to use, modify, and display the Merchant's trade name, logos, menu details, and product photographs.

11.2 Pasugo shall have the right to promote or advertise these materials via any lawful means or channel (such as social media or digital ads) to market the Merchant and the Platform without requiring further approval or paying advertising fees to the Merchant.

12. Indemnification

12.1 The Merchant shall indemnify, defend, and hold harmless Pasugo, its directors, officers, and employees from and against any and all claims, damages, losses, or expenses (including legal fees) arising out of or in connection with:

• Any personal injury, foodborne illness, food poisoning, or death resulting from the consumption or use of the Merchant's Goods;
• The Merchant's violation of any laws, including consumer protection regulations, food safety standards, or alcohol licensing requirements;
• Any allegation that the Merchant's products or uploaded images infringe upon the intellectual property rights of a third party.

13. Limitation of Liability

13.1 Pasugo provides a digital platform connecting merchants, customers, and independent delivery riders.

13.2 Pasugo is not responsible or liable for losses resulting from the Merchant's products, inventory lapses, pricing errors, legal non-compliance, business operations, or events beyond Pasugo's reasonable control.

14. Suspension and Termination

14.1 Pasugo reserves the right to suspend or terminate any Merchant account, with or without prior notice, for violations of these Terms & Policy, repeated customer complaints, fraudulent activity, misuse of the platform, or any conduct that may harm Pasugo, its customers, riders, or other affiliate merchants.

15. Amendments, Governing Law, and Jurisdiction

15.1 Pasugo may update these Terms & Policy from time to time. Continued use of the platform after updates become effective constitutes express acceptance of the revised Terms.

15.2 These Terms & Policy shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes shall be resolved exclusively in the proper courts of the Philippines.

16. Acknowledgement

By agreeing, I acknowledge that I am responsible for maintaining accurate product availability, pricing, product quality, and strict compliance with all applicable laws, including those governing the sale of alcoholic beverages where applicable. I agree to Pasugo's commission of 10%–12% or a minimum of ₱15.00 per completed order, whichever is higher, and understand that failure to comply may result in account suspension or termination.