THESE TERMS AND CONDITIONS APPLY TO THE WEBSITE www.dairyqueen.com.ph PLEASE READ THIS STATEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS THIS SITE. ACCESS OF THIS SITE BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

This Site contains many of the valuable trademarks owned and used by Dairy Queen, its franchisees and their subsidiaries and affiliates throughout the world to distinguish its quality products and services. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of Dairy Queen.

PPI HOLDINGS, INC. (a franchisee of Dairy Queen in the Philippines) strives to ensure that the information contained in this Site is accurate and reliable. However, PPI HOLDINGS, Inc. (“PPI” for brevity) and the World Wide Web (or Website Host) are not infallible and errors may sometimes occur. You should take appropriate steps to verify all information on this Site before acting on it. PPI disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the availability of the Site. PPI may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall PPI be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.

By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall PPI be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Site or any material on any site linked to this Site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if PPI has been advised of the possibility of such damage. In addition, no liability can be accepted by PPI in respect of any changes made to the content of this Site by unauthorized third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.

Any goods displayed or provided on this Site are done so on an “as is” and “if available” basis and PPI expressly excludes any warranties, conditions, representations or other terms with respect to this Site or the content or goods displayed on it, whether express or implied, unless expressly stated to the contrary.

Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.

This statement does not affect your statutory rights and nor does this paragraph apply to PPI’s liability for products sold through the Site.

The Site may link to sites not maintained or related to PPI. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or PPI. PPI has not reviewed any of the sites hyperlinked to or from this Site and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk and PPI makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Site. Further, PPI does not implicitly endorse third-party sites hyperlinked to this Site. PPI will also not be responsible for the content of any third-party advertising or sponsorship that may appear on the Site nor for compliance of the same with any laws or regulations.

The Site may also contain references to other companies (i.e., PPI, Araneta Center, Inc., Uniprom Inc., Ticketnet Inc., Novotel Manila Araneta Center, Progressive Development Corporation and its Affiliates and subsidiaries), brand and product names. These companies, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Site are either the property of, or used with permission by PPI. PPI may be, but is not necessarily sponsored by or affiliated with any of the owners of the other company, brand or product name appearing on the Site, and makes no representations about them, their owners, their products or services. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights.

The graphic images, buttons and text contained in this Site (and the Site’s ‘look and feel’) are the exclusive property of PPI and, except for personal use, may not be copied, distributed, or reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of PPI. The content, arrangement and layout of the Site, including, but not limited to, the trademarks, service marks, package designs, text, and content, are proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of PPI.

Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

By visiting the Site the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site.

If you decide to register with this Site, you will be asked to create a password. You must keep this password confidential and must not disclose it to anyone. PPI reserves the right to suspend your registration if you breach these Terms and Conditions. If you register using your social media accounts or link your social media account to our Site, we may access information about your social media account, which you have submitted or provided.

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

These terms and conditions are governed by the laws of the Republic of the Philippines and you agree that the venue of action shall exclusively be in Quezon City or anywhere in the Republic of the Philippines at the option of PPI, to the exclusion of other venues. This Site is for use only by persons who access it from within the Republic of the Philippines. Goods available from this Site are available only to residents of (or companies incorporated in) the Republic of the Philippines. PPI makes no representation that any material contained on this Site is appropriate for any other jurisdiction.

PRODUCT TERMS AND CONDITIONS

The following words and expressions shall have the following meanings:

The Customer, You, Your – means you, the customer, who buys the Products from PPI Delivery; Our and We – means PPI Delivery (Philippines) Products – means the goods in the Menu as appearing on the Web Site; and, Website, Site – means the website www.dairyqueen.com.ph

1 Order and Acceptance

1.1 These Conditions shall apply to all orders and contracts for the supply of the Products by PPI Delivery to the Customer. All orders for the Products shall be deemed to be an offer by the Customer to purchase the Products in accordance with these Conditions. Any variations to these Conditions must be in writing, otherwise they will not be binding on either party.

1.2 The acceptance of orders for the Products shall be at the entire discretion of PPI Delivery. Our acceptance of an order occurs when you receive an on-screen message confirming your order has been placed at which point, your contract with PPI Delivery is made and up until this point, We may decline to provide You with the Products without giving any reason.

2 Prices and Payment

2.1 Unless otherwise stated in writing the prices quoted by PPI Delivery on the Website are inclusive of VAT. Prices may vary depending on location.

2.2 Prices are subject to change without prior notice.

2.3 The price of the Products will be as quoted on the Site at the time you confirm your order (by clicking the checkout button) subject only to any inadvertent technical mistake which We shall not be liable for. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to terminate this agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.

2.4 You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, such card is valid on the date of dispatch of your order and the person who will receive the Products will be able to present said card upon delivery

3 Changes to your Order

If you wish to cancel, amend or complain about your order, please get in touch with our Customer Service at 89111111 (Metro Manila) or email [email protected] , details of which will be included in the confirmatory e-mail sent to you upon placing your order. If you amend your order, the price charged will be the price for the amended order. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.

Any changes made can affect the originally committed delivery time. After 10 minutes, any addition to your original order may be considered as a separate transaction and will be subject to the minimum food order value and delivery fees.

4 Delivery

4.1 We will aim to provide you with your ordered Products as close as possible to your requested delivery time. However, in case of typhoons, floods, fire, war, strike, force majeure, fortuitous events, heavy traffic and other similar instances, PPI Delivery may not be able to deliver your ordered Products.

4.2 For delivery, the customer agrees to a minimum food order value of P300.00. A fixed delivery fee of P49.00 will be added for each delivery transaction.

4.3 We reserve the right to suspend, modify and revoke our delivery service depending on weather conditions and/ or for the interest of personnel safety.

4.4 Some areas are not covered by our delivery service, please call 89111111 (Metro Manila) to confirm if our services cater to your desired delivery location.

4.5 The Customer agrees to accept delivery of the ordered Products.

4.6 We can only fulfill an order for large quantities at the discretion of PPI Delivery from which you are ordering. For a single delivery transaction of 2,500 pesos and above, this will be considered a large food order and will require 50% down payment. A Dairy Queen customer service representative will get in touch to arrange for down payment and delivery time.

4.7 For orders with 18 food items and above, it is advised that customers place their orders at least 2 hours before their desired time of delivery.

4.8 PPI Delivery will deliver the ordered Products at the main entrance of the delivery address provided at the time the order was placed. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.

4.9 Products are subject to availability. If your products are not available, We may offer you a reasonable substitute of equivalent quality and price or We may call you to tell you that your ordered products are not available and to ask you if you would like to order something else. This may affect the price you pay.

5 Transfer of Property

5.1 The Customer agrees that risk in the Products shall pass to the Customer upon acceptance of the delivered Products. If the Product being delivered is not in accordance to the order or is not to the complete satisfaction of the Customer, the Customer shall refuse to receive the Product. Acceptance of the Product means that the Customer waives, releases, and forever quitclaims any and all claims the Customer may have in relation to, in connection with or incidental to the Product.

5.2 The Customer acknowledges that all intellectual property rights in the Products do and shall continue to belong to PPI and the Customer agrees that it will not infringe any of PPI’s intellectual property rights.

6 Oral Statements

The Customer agrees that, in the event of any conflict, written information about the Products supplied by PPI Delivery shall prevail over any oral statements made by PPI or by PPI Delivery’s employees or agents. PPI Delivery shall use all reasonable efforts to ensure that its written information about the Products is accurate.

7 Promotions

From time to time, the Company may offer special promos. Any special promos shall be subject to these Terms and Conditions which will prevail if there is inconsistency between the terms of the special promos and these Terms. We may change the terms of special promos or withdraw them at our discretion but We will honor any order placed by you before the promo is withdrawn subject always to manifest technical errors.

8 Limitation of Liability

8.1 To the fullest extent permitted by law, once the Customer accepts the ordered Products, PPI shall no longer be liable for any loss, damage or consequences suffered or incurred by the Customer or others, arising directly or indirectly out of or in connection with the delivered Products.

8.2 In any event, PPI’s liability to the Customer will not exceed the total price charged for the relevant items.

9 Law

Orders or Purchases made in this Website shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The Customer agrees that venue of action shall be the Courts or Administrative Bodies in Quezon City, Philippines, to the exclusion of all other venues. Thank you for visiting our Web Site.

This site is owned and operated by PPI HOLDINGS, Inc., a company registered in Philippines.

Copyright PPI Holdings, Inc 2020. All rights reserved.