TERMS AND CONDITIONS

AGREEMENT TO OUR LEGAL TERMS

We are Fickle Baking Corporation ("Company," "we," "us," "our"), a company registered in the Philippines at 25 Bautista Street, Corinthian Gardens, Quezon City, Metro Manila 1100.

We operate the mobile application Fickle App (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at admin@theficklegroup.com or by mail to 25 Bautista Street, Corinthian Gardens, Quezon City, Metro Manila 1100, Philippines.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Fickle Baking Corporation, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. OUR SERVICES

The information provided when using the Services 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 us to any registration requirement within such jurisdiction or country.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
3. you have the legal capacity and you agree to comply with these Legal Terms;
4. you are not under the age of 13;
5. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
6. you will not access the Services through automated or non-human means;
7. you will not use the Services for any illegal or unauthorized purpose; and
8. your use of the Services will not violate any applicable law or regulation.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. All products are subject to availability, and prices are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment: Visa, Mastercard, GCash, and Maya.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in Philippine Peso.

7. RETURN/REFUNDS POLICY

Please review our Return Policy prior to making any purchases: https://fickle-api-staging.rocketship.ph/returnPolicy.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users.
• Circumvent, disable, or otherwise interfere with security-related features.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.

9. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content.

10. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with our criteria. We may accept, reject, or remove reviews in our sole discretion.

12. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms and to take appropriate legal action against anyone who violates the law or these Legal Terms.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: Privacy Policy.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice.

17. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of the Philippines.

18. DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by the International Commercial Arbitration Court. The seat shall be Metro Manila, Philippines.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services.

24. ELECTRONIC COMMUNICATIONS

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications.

25. SMS TEXT MESSAGING

Opting Out

Login and update profile settings.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received.

Support

If you have any questions, please email us at admin@theficklegroup.com.

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us.

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: