Terms and Conditions
By accessing and using the Site, you agree to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE. We’ll be sad because we want you to use our great Site, but it is for our protection.
MATERIALS.The Site (including past, present and future versions) and all materials that are included in or are otherwise a part of the Site, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by Del Monte, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Del Monte, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for Del Monte and/or its parent, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Del Monte’s rights to exploit fully any or all of the Materials. You agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Del Monte’s rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
COPYRIGHT/TRADEMARKS.The entire contents of the Site (including the Materials) are copyrighted under Philippine copyright laws and/or similar laws of other jurisdictions. Without limitation, Del Monte owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Site. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks on the Site are the service and trademarks of, or licensed by, Del Monte or affiliated companies. Without Del Monte’s prior written permission, you shall not display, reproduce, or use, in any manner any such marks; nevertheless, all goodwill associated with any use by you thereof will inure exclusively to Del Monte or their respective owners. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Del Monte, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site.
PROHIBITED ACTIVITIES.You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Site in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Del Monte without the prior written consent of Del Monte.
USER CONTENT.The Site may provide you and others with the opportunity to participate in forums, blogs, message boards and other communication functionality (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Del Monte or the Site, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).
LICENSE TO DEL MONTE FOR USER CONTENT.You grant to Del Monte the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Del Monte is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Del Monte, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant Del Monte the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to Del Monte the right to sub-license and authorize others to exercise any of the rights granted to Del Monte under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Del Monte under these Terms. You further authorize Del Monte to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
DEL MONTE’S OBLIGATIONS REGARDING USER CONTENT.You agree that Del Monte has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that Del Monte will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and Del Monte may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Del Monte reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which Del Monte will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Rules when notice of such violations are directed to Del Monte’s attention. User Content posted may not be maintained on the Site by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that Del Monte is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
YOUR OBLIGATIONS REGARDING USER CONTENTYou agree that you must evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As Del Monte may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.
PRODUCT SUBMISSIONS PROHIBITED.Del Monte does not accept unsolicited submissions for web sites, products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Del Monte (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Del Monte through the Site, including through User Forums. However, if you decide to make any such unsolicited submission, you hereby grant to Del Monte the right and license as if it were User Content as specifically set forth above.
User Content must be yours.All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere.
No pictures or images of anyone but you, your friends and family.If you choose to upload photos to the Site, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know – but only with their express permission to submit it, and if that person is a minor in the jurisdiction in which they live, with the express permission of his/her parent or legal guardian.
Please act appropriately.Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments so we can continue to build User Forums for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical or mental disability or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you discover content that violates these Terms, you may report such abuse by clicking on the "report abuse" buttons located throughout the Sites.
Don't upload third party materials.Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
Does your User Content contain music?Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
Do not use the User Forums for commercial purposes.Your User Content may not advertise or promote a product or service, other than a Del Monte product or service. You may not use your User Content to raise money for anyone, any organization (including charitable organizations), any business or for a pyramid or other multi-tiered marketing scheme.
Do not upload User Content that is inappropriate or illegal.Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
Be honest and do not misrepresent yourself or your User Content.Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
Others are watching.We hope that you will use the User Forums to exchange information and content and have discussions with other members. However, please remember that the User Forums is a public forum and User Content that you post on the User Forums will be accessible and viewable by other users. Do not post personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
Don't share other people's personal information.Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
Don't damage the Site or anyone's computers.User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system. We reserve the right to request at any time proof of the permissions referred to above in the sections starting “User Content must be yours”, “No pictures or images of anyone but you and your friends and family” and “Does your User Content contain music?” in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Site.
MOBILE FEATURESThe Site may offer features and services that are available to you via your mobile phone. These features and services may, include, without limitation, the ability to upload content to the Site, receive messages from the Site, download applications to your mobile phone or access the Site’s features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
TERMS OF MOBILE FEATURES.SYou agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Del Monte of any changes to your mobile number and update your account on the Site to reflect this change.
LIMITATIONS OF LIABILITY.UNDER NO CIRCUMSTANCES WILL THE DEL MONTE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DEL MONTE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DEL MONTE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE DEL MONTE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE MATERIALS.
TERMINATION.Del Monte reserves the right to terminate your access to and use of the Site at any time, in its sole discretion, without notice and liability, including, without limitation, if Del Monte believes your conduct fails to conform with these Terms. Del Monte also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Del Monte. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
MODIFICATIONS.Del Monte reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Del Monte will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
WHAT HAPPENS UPON TERMINATION?Upon termination of your access to the Site, or upon demand from Del Monte, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site, including links to the Site; and (b) destroy all Materials obtained from the Site and all related documentation.
LOCATION OF SITES.The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Del Monte to any registration requirement within such jurisdiction or country. Del Monte controls and operates the Site from offices located in the Philippines and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on his or her own initiative and is responsible for compliance with Philippines and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
GOVERNING LAW/JURISDICTION.These Terms and the interpretation of these terms are governed by the laws of the Republic of the Philippines. You and Del Monte agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising from and pertaining to the use of the this Site shall be governed by Philippine law and you hereby consent and submit to the proper courts of Taguig City, Philippines to the exclusion of all other courts.
- If you are returning an item from OUTSIDE of Greater Manila Area, please arrange for shipment & send it to A12 Fedcor Compound, KM 21 Macarthur Highway, Brgy. Ibayo, Marilao,Bulacan. Remember to email us a picture of the receipt showing the amount, this will help facilitate approval of its refund.
- A buyer may not apply for return of an item due to change of mind.
How to apply for a Return:
- Send us an email via www.kitchenomics.com, state ‘Return’ as Subject
- Provide the following information in the body of your message
- Name, Contact no, Shipping address
- Order ID, Item Name to return or exchange, Quantity
- Picture or Video of item received & Airway Bill
- Proof of payment (if non-COD)
- A customer service representative will get in touch with you to provide assistance & jumpstart the returns process