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ONE GO TERMS AND CONDITIONS

Welcome to our website (drinkies.ph) dedicated to the Heineken® brand (the “Website”). You should be of legal drinking age in your country to visit the Website.

These Terms and conditions together with our Privacy and Cookie Policy (the “Terms”) govern your use of this Website.

 

HEALTH WARNING:

• Parties to and Terms of the Agreement
  • This agreement (“Agreement”) is an agreement between you (“you” or “your”) and ONE GO DISTRIBUTION, INC. (“ONE GO”), an authorized entity of Heineken Philippines Inc. and shall govern:
• the use of drinkies.ph (“Site”);
• the services made available to you through or in connection with the Site (“Services”);
• sale and purchase of any of the products offered through the Site (“Products”); and
• your use of all details, content, dimensions, data, photographs, text, descriptions, specifications, audio, video clips, graphics, images, materials, documentation and/or other information or any part thereof (“Information”) made available to you by ONE GO in connection with this Agreement.
  • Your use of the Site constitutes your full agreement to the terms contained in this Agreement. If you do not accept any of the terms contained in this Agreement, you should immediately cease all usage of the Site and notify ONE GO to discontinue any updates which you have signed up for, failing which you shall be deemed to have accepted all the provisions contained in this Agreement.
• Compliance with Laws and Policies
  • The sale of alcohol to individuals below the age of 18 years old is strictly prohibited. If you fall below 18 years old, you are legally prohibited from purchasing products from this Site and you must immediately exit the same.
  • You shall comply with and procure all your employees, staff, agents, representatives and/or personnel to comply with all applicable laws, regulations, guidelines, policies, orders, codes and/or other requirements as may be imposed by all relevant governmental or regulatory bodies and authorities from time to time.
  • You shall comply with all guidelines, rules, regulations, policies, instructions, and procedures in connection with this Agreement as imposed or may be imposed from time to time by ONE GO at ONE GO’s absolute discretion.
• Provision of Services and Products
  • If you wish to have full access to the Site and Services or if you wish to purchase any of the Products, you shall provide ONE GO with all the necessary Information. You shall be responsible for ensuring that all Information made available by you to ONE GO is accurate, original, authentic, complete, reliable, current, error-free and will not infringe the Intellectual Property Rights (hereinafter defined) of any third party. You may be asked to provide additional verification or Information and ONE GO shall be entitled to refuse you the access to the Site and/or the Services and/or refuse to process your order in the event you do not agree or fail to provide the requested Information without any liability on the part of ONE GO. If you have created an account, you shall be solely responsible for maintaining the confidentiality of the information and activities of your account.
  • In the event that the contract for the sale of any of the Products is deemed to have been formed, usually when you have received the order confirmation email from ONE GO, you may not modify or cancel such contract except with ONE GO’s agreement in writing and on the condition that you shall indemnify ONE GO in full against all loss, costs, damages, charges and expenses (including loss of profit) incurred by ONE GO as a result of such modification or cancellation.
  • ONE GO reserves the right to limit your order or the quantity of the Products you may order. Your order is subject to the availability of the Products. Please refer to Clause 7 for order fulfilment and delivery.
• License Terms
  • Subject to the terms and conditions contained herein, ONE GO hereby grants you a non-transferable, non-exclusive license to use the Site, Services and the Information made available to you by ONE GO in connection with this Agreement, reference to ONE GO Property and Services shall include any part thereof. You shall not and shall not attempt to:

ONE GO Property and Services

• use ONE GO Property and Services for any purposes other than for the purpose of this Agreement;
• use ONE GO Property and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement;
• commercially exploit, misuse or abuse ONE GO Property and Services in any manner whatsoever or otherwise compromise the integrity of ONE GO’s software or systems;
• transmit through ONE GO Property and Services any content which violates or infringes in any way upon the rights of others, which is unlawful, technologically harmful, false, misleading, threatening, abusive, defamatory, an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
• transmit or distribute a virus or any other type of malicious code to or through ONE GO Property and Services;
• send, advertise or publish any unsolicited advertising or promotional content through or on ONE GO Property and Services;
• collect or harvest any Information from ONE GO Property and Services save and except Information collected through the normal use of ONE GO Property and Services; and
• carry out any activity or use ONE GO Property and Services in a way which may:

1. interfere with the proper working of ONE GO Property and Services or otherwise affect the

performance or functionality of any computer facilities related to ONE GO Property and Services;

1. interfere with or circumvent the security features of ONE GO Property and Services or any related website, other websites, or the Internet;

• damage, disable, overburden, impair or compromise ONE GO’s systems or security; or

1. interfere with other users’ use and enjoyment of ONE GO Property and Services;

SITE

• copy the Site except where such copying is incidental to the normal use of the Site, or where it is necessary for the purpose of back-up or operational security;
• rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Site or any part thereof;
• disassemble, decompile or reverse engineer or create derivative works based on the whole or any part of the Site; and
• permit the Site or any part thereof to be combined with, or become incorporated in, any other programs.
  • Without prejudice to other rights and remedies ONE GO may have under this Agreement and notwithstanding anything contained herein, ONE GO shall be entitled to immediately, without notice, terminate or suspend your use of or deny your access to ONE GO Property and Services in the event that ONE GO has reasonable grounds to suspect that you have breached any of the provisions contained in this Clause to protect the Site and other users of the Site.
• Consumer Protection
  • Notwithstanding anything contained herein, if the Consumer Act of the Philippines (“RA 7349”) applies and if you are dealing as a consumer under the RA 7349 (consumer shall have the meaning prescribed to it by the , “Consumer”),
• ONE GO gives you such implied warranties under the CPA that cannot be excluded by the CPA;
• this Agreement is only intended to exclude or limit the remedies and rights you may have to the maximum extent permitted by RA 7349; and
• nothing in this Agreement is intended to exclude or limit ONE GO’s liability to you for any loss or damage arising from ONE GO’s negligence or ONE GO’s breach of any express or implied terms of this Agreement without adequate justification.
• Terms of Payment
  • You may make payment to ONE GO for the purchase of any of the Products via any of the payment gateways available on the Site. You shall be bound by the specific terms and conditions applicable to the relevant payment gateway in addition to this Agreement.
• Order Fulfilment and Delivery of Products
  • Time for delivery shall not be of the essence of the Agreement. Dates quoted on the Site for delivery are approximate only and ONE GO shall not be liable for any delay in delivery of the Products. Please note that ONE GO has the right to sub-contract its obligations for the delivery of the Products to any third party at any time and at its sole discretion. The order fulfilment and delivery of the Products shall be in accordance with ONE GO’s order fulfilment and delivery policy attached to this Agreement as Part 1 of Schedule 1.
• Risk and Title
  • Risk of damage to or loss of the Products shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Products, the time when ONE GO has tendered delivery of the Products. ONE GO shall not be liable for any damage to or loss of the Products from the time when risk passes to you.
  • The property in the Products shall pass to you upon the later of the following events:
• ONE GO has received cleared funds payment in full of the price of the Products; or
• delivery of the Products.
• Return and Refund Policy
  • If you are dealing as a Consumer under RA 7349, this Clause is only intended to exclude or limit the remedies and rights you may have under RA 7349 to the maximum extent permitted by RA 7349. Save and except the foregoing, the provisions below shall apply to all contracts formed between ONE GO and you for the sale and purchase of the Products.
  • The return and refund of any Products shall be in accordance with ONE GO’s return and refund policy set out in Part 2 of Schedule 1.
• Promotions, Vouchers and Points
  • ONE GO may do promotions, issue vouchers and award points for the purchase of the Products through the Site from time to time. The promotions and issuance and utilization of the vouchers and points shall be governed by the terms and conditions set out in Part 3 of Schedule 1
• Warranties
  • To the maximum extent permitted by law and subject to the provisions of RA 7349 (where you are dealing as a Consumer under RA 7349 ), all Products and ONE GO Property and Services are provided on an “as is” and “as available” basis, with all faults and without warranties or conditions of any kind, and ONE GO hereby disclaims all warranties (express or implied) and conditions with respect to such Products and ONE GO Property and Services. Without limiting the generality of the foregoing, ONE GO does not guarantee, represent or warrant:
• that the Products and/or ONE GO Property and Services will meet your requirements;
• that your use of the Services and/or the Site will be uninterrupted, timely, secure or error-free;
• the timeliness, adequacy or completeness of the Information contained in the Site or the Services; and
• that the Site or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent or program.
  • You understand that advice or recommendations are a matter of opinion and may not represent the true application, quality or feature of a particular Product, as such you accept that any advice or recommendation given by ONE GO, its employees or agents is followed or acted upon entirely at your own risk, and accordingly ONE GO shall not be liable for any such advice or recommendation.
  • Information which is made available to you may be furnished to ONE GO by third parties. While ONE GO shall use all reasonable endeavors to ensure that such Information is communicated to you in its original form supplied to ONE GO by the third parties, ONE GO does not warrant that the said Information is accurate, complete, reliable, current, or error-free.
• Liability of ONE GO
  • To the maximum extent permitted by law and subject to the provisions on RA 7349:
• In no event shall ONE GO be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever whether or not such losses were reasonably foreseeable or ONE GO had been advised of the possibility of you incurring the same; and
• In any event, ONE GO’s maximum and cumulative total liability (including any liability for acts and omissions of its employees, representatives, personnel, agents and/or subcontractors as well as that of Heineken Philippines, Inc.) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses however arising under this Agreement shall not exceed the fees paid by you for the relevant Products.
• Intellectual Property Rights
  • You acknowledge and agree that ONE GO and/or ONE GO’s suppliers, contractors, partners and/or licensors (if any), shall own and retain all rights, titles and interests in, to and under (a) patents, registered designs, designs, copyrights and all other intellectual or industrial properties in connection with the Products and ONE GO Property and Services, including without limitation know-how, inventions, and trade secrets (and all copies and derivative works thereof, by whomever produced); and (b) all of its respective names, service marks and logos, trade names and any other trademarks (collectively be referred to as the “Intellectual Property Rights”). Nothing in this Agreement shall transfer or assign any such Intellectual Property Rights to you.
  • You shall not use ONE GO Property and Services and any other properties in which any of the Intellectual Property Rights subsist except only to extent necessary for the purpose of and to the extent permitted by this Agreement.
• User generated content; acceptable content
  • Certain Sites may allow you to send ideas, concepts, comments, graphics, photographs, questions, complaints, materials, or other information (each a “User Content”) posted or communicated to Drinkies. By submitting User Content to us, you grant us, and represent and warrant that any applicable third party with rights in the User Content grants us, a perpetual, irrevocable, worldwide, royalty free, non-exclusive, transferable license to use, reproduce, distribute, sublicense, modify, translate, prepare derivative works of, publicly display, broadcast, publish, and perform this User Content in any manner or medium known now or later devised, including but not limited to commercial use, without any consent/approval, notice and attribution, or compensation to you or any third party. You hereby irrevocably waive, and agree not to assert, any claims based on “moral rights” or similar theories
  • Any material or communication transmitted by you to the Site will not be treated as confidential.
  • You may not post or transmit to the Site any submission containing the image or likeness of anyone who is or appears to be under the legal drinking age or from whom permission has not been granted.
  • You represent and warrant that you have permission to transmit any material or communication transmitted by you to this Site, and that the material does not infringe the intellectual property or privacy rights of any third party person or non-person, whether living or dead.
  • You will not post or transmit any submissions to the Site that contain any of the following: Unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, as determined by Drinkies.
  • You agree that your submissions will not incorporate, encourage, or condone:
    • Criminal activity or conduct that gives rise to civil liability;
    • Any form of violence, hatred or harassment;
    • Any form of discrimination on any ground covered by human rights legislation, such as religion, race, color, sexual orientation, disability, etc.
  • You agree that your submissions will not depict, promote, or encourage:
    • Irresponsible consumption of alcohol;
    • Consumption of alcohol by anyone under the legal drinking age.
    • Engaging in any skilled or dangerous activity while consuming alcohol.
  • You agree that your submissions will not contravene any applicable law, regulation, policy, guidelines or industry standards, as determined by Drinkies.
  • Drinkies reserves the right to delete or hide any User Content that it deems inappropriate based on these Terms and Conditions.
• Confidential Information
  • “Confidential Information” means all information of any kind, whether in machine readable or visually readable form, oral or otherwise and whether or not labelled as “Confidential”, that are made available by or on behalf of the disclosing party to the receiving party for the purposes relating to or in connection with this Agreement. “Confidential Information” shall not include information that: (i) was, at the time of its disclosure, already in the possession of the receiving party and such party can establish, through reasonably sufficient and credible competent evidence, such prior possession; (ii) is independently developed by the receiving party, (iii) is or becomes generally available to the public other than as a result of a breach of this Agreement by the receiving party or its Representatives (hereinafter defined); or (iv) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party or its Representatives; provided, however, that such source is not to the knowledge of the receiving party bound by a confidentiality agreement or other legal or fiduciary obligation of secrecy to the disclosing party.
  • The receiving party shall not disclose the Confidential Information or any part thereof to any person except (i) where such disclosure is required by law or the regulations of any securities exchange; (ii) where such disclosure is permitted under this Agreement; (iii) to their respective employees, agents, service provider, personnel and/or legal, financial and/or accounting advisors (collectively, “Representatives”) who have a definite need to know such Confidential Information for the purpose of this Agreement; and/or (iv) with prior written approval of the disclosing party. In the event that any Confidential information is disclosed to any third party and/or Representatives in accordance with this Clause, the receiving party shall ensure that such third party and/or Representatives have been duly apprised of the requirements of this Clause and are or will be bound to keep such Confidential Information confidential as required in this Agreement.
  • All Confidential Information shall solely be used for the purpose of this Agreement.
• Personal Data
  • Your Personal Data will be processed in accordance with the Privacy Notice published on the Site.
• Force Majeure
  • ONE GO shall not be liable to you in any manner whatsoever or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of ONE GO’s obligations if such delay or failure was due to any cause beyond ONE GO’s reasonable control, including but not limited to:
• fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
• war or threat of war, sabotage, insurrection, civil disturbance or requisition;
• acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
• import or export regulations or embargoes;
• strikes, lock outs or other industrial actions or trade disputes (whether involving employees of ONE GO or of a third party);
• difficulties in obtaining raw materials, labor, fuel, parts or machinery faced by ONE GO or suppliers; or
• telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
• Reviews
  • You may post and/or submit any reviews, comments, suggestions, ideas, and other Information to ONE GO via the Site provided that such Information is in compliance with the relevant provisions contained in Clause 4. ONE GO reserves the right (but not the obligation) to remove or edit any Information posted or submitted by you.
  • If you do post or submit any Information to ONE GO, unless otherwise specified by you and agreed by ONE GO, you grant ONE GO a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Information throughout the world in any media together with your name and identity. You represent and warrant that all Information posted and/or submitted by you to ONE GO is accurate, original, authentic, complete, reliable, current, error-free and will not infringe the Intellectual Property Rights of any third party.
  • You agree that you shall not upload any submission that includes or references any one or more of the following:

1. Information known by you to be false, inaccurate or misleading;
2. Offensive, profane, vulgar, obscene or inappropriate language or visuals;
3. Defamatory, libelous, or slanderous content;
4. Content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
5. Programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.

• Availability of the Site
  • ONE GO shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment or device needed for access to and use of the Site.
• Third Party Sites
  • The Site may contain links to other independent third party sites/platforms. Such third party sites/platforms are not under ONE GO’s control, and ONE GO is not responsible for any Information contained therein. The inclusion of such a link or reference does not imply endorsement of, or association with, the site/platform by ONE GO, or any warranty of any kind, either express or implied.
• Indemnity
  • You agree to defend, indemnify and hold ONE GO and/or Heineken Philippines, Inc. harmless from and against all losses, damages, claims, demands, costs, expenses, payments, fines, penalties and liabilities (“Loss”) made against, suffered or incurred by ONE GO and/or Heineken Philippines, Inc. howsoever arising under or in connection with this Agreement, including without limitation Losses arising from: (i) your use of ONE GO Property and Services; (iii) your negligent conduct, act or omission; and/or (iii) your breach of this Agreement. This indemnity shall be granted whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination.
• Termination
  • Without prejudice to any other rights ONE GO may have under this Agreement or at law, ONE GO may immediately terminate this Agreement by notice in writing if:
• you are in breach of this Agreement and such breach is not remedied within thirty (30) days of ONE GO's written notice; or
• you shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration or bankruptcy proceeding or if a receiving order is made against you or you make any arrangement or composition with your creditors.
  • Upon termination of this Agreement and during any suspension, (a) all rights granted to you under this Agreement shall cease; (b) you must immediately cease all activities authorized by this Agreement; and (c) when requested, you shall return to ONE GO or destroy all Confidential Information.
• Notices
  • “Business Day” shall mean a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the Philippines. Except as otherwise agreed or provided in this Agreement, all notices and other communications to be sent to the other party (“Recipient”) pursuant to this Agreement shall be in writing and file:///C:/Users/adria/OneDrive/Documents/terms and condition.html 8/24

 

in English language and shall be valid and sufficient if dispatched or sent to the address or drinkies.ph@heineken.com. Such notice shall be deemed to have been served (a) if delivered personally at the time of delivery; (b) if sent by registered mail or courier, five (5) days after dispatch; or (c) if sent by e­mail, upon successful delivery of the e-mail and recorded as a sent mail if sent before 5p.m. on a Business Day and if sent on a non-Business Day or after 5p.m. on a Business Day, the next Business Day.

• The details of ONE GO are as follows:

Address	No. 4 Esteban Abada St., Loyola Heights, Quezon City
Email Address	drinkies.ph@heineken.com

 

• No Agency/Partnership
  • Nothing in this Agreement shall create, or be deemed to create, a joint venture, partnership or the relationship of principal and agent between/among the parties. No party has any authority to act, make representations or bind or contract on behalf of the other party.
• Variation
  • ONE GO shall have the right at any time to add, delete, amend, or modify this Agreement, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for access and use. Such addition, deletion, amendment, or modification shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Site by you after the issuance of such notice shall be deemed to constitute acceptance of this Agreement with such addition, deletion, amendment, or modification.
  • You are responsible for reviewing the latest version of this Agreement each time you submit your order.
• Waiver
  • No failure or delay by ONE GO in exercising any right under this Agreement shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish ONE GO’s rights under this Agreement. No single or partial exercise of any rights or remedies by ONE GO shall affect ONE GO’s other rights or remedies under this Agreement. A provision of right or remedy under this Agreement may not be waived except in writing signed by ONE GO. A waiver by ONE GO of any breach shall not constitute a continuing waiver in respect of any subsequent or continuing breach.
• Severability
  • If any term, condition, stipulation, provision, covenant and/or undertaking of this Agreement (“Provision”) is to any extent illegal, otherwise invalid, or incapable of being enforced, such Provision shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable Provision shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable Provision.
• Governing law
  • This Agreement shall be governed by the laws of the Philippines and you agree to submit to the non­exclusive jurisdiction of the Courts in the Philippines.
• Entire Agreement
  • This Agreement (together with any documents referred to herein) constitutes the whole agreement between the parties relating to the subject matter hereof and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing relating to the subject matter hereof and no representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as set out in this Agreement.
• Assignment, Novation, Delegation and Subcontracting
  • Your rights, title, benefits, obligations and duties under this Agreement shall not be transferred, assigned, novated and/or sub-contracted to any other party without ONE GO’s prior written consent. ONE GO shall be entitled to transfer, assign, novate and sub-contract its rights and obligations under this Agreement.
• Successors and Assigns
  • This Agreement shall be binding upon the parties and their permitted legal assigns and successors in title.
• Survival
  • The Provisions of this Agreement which are capable of having effect after the expiration/termination of this Agreement shall remain in full force and effect following the expiration/termination of this Agreement unless otherwise agreed in writing.
• Interpretation
  • In this Agreement, unless the context otherwise requires: (a) words denoting the singular include the plural and vice-versa; (b) words denoting natural persons may include bodies corporate and unincorporated; (c) references to any legislation or to any provision of legislation shall include any modification or re­enactment of that legislation or any legislative provision substituted for, and all regulations and statutory instruments issued under such legislation or provision; (d) headings of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement; (e) no rule of construction or interpretation applies to the disadvantage or detriment of the party having control or being responsible for the preparation of this Agreement; and (f) any words following the terms including, include or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

SCHEDULE 1

POLICIES’

• ORDER FULFILMENT AND DELIVERY POLICY

Order Fulfilment

1. ONE GO will process your order from 10:00 am to 9:00 pm, Monday to Sunday excluding public holidays (“Order Processing Window”). All orders received outside these hours, and on any such public holiday will not be processed by ONE GO until the next Order Processing Window.

Delivery

2. Subject to Clause 7 of this Agreement, all orders received before 9:00 pm on a day which is not a public holiday will be delivered to you between 10:00 am to 10:00 pm on the same day.
3. You shall be present at the address and within the delivery window specified or selected by you to take delivery and accept the Products. After your second order with ONE GO, you may authorize a representative who has attained the age of 18 years to take delivery and accept the Products at the address specified by you on your behalf. Such representatives shall accept the Products under the same terms and conditions that would apply had you taken the delivery yourself. Unless otherwise agreed, anyone at the delivery address is presumed to have attained the age of 18 years and authorized by you to receive the delivery.
4. If you fail to take delivery of the Products, you may receive instructions from ONE GO or any other third party engaged by ONE GO to collect the Products or rearrange for re-delivery. In the event that you have unreasonably delayed in accepting or taking the delivery or fail to give ONE GO adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of ONE GO’s fault) then, without prejudice to any other right or remedy available to ONE GO, ONE GO may:

• store the Products for three (3) days from the last date ONE GO and/or its agent contacted you to take delivery. ONE GO shall be entitled to charge storage fees thereafter incurring on a daily basis until the Products are collected by or re-delivered to you; or
• terminate the Contract and sell the Products at the best price readily obtainable and refund the money paid by you and received by ONE GO after deducting (i) all reasonable costs incurred by ONE GO (including storage and selling expenses), and (ii) any shortfall below the price under the contract for the sale and purchase of the Products by you.

5. The Products will only be delivered to a valid residential, corporate or home address. If your designated delivery location (i.e., street, avenue, etc.) is inaccessible, rendering ONE GO unable to make the delivery, ONE GO will contact you to determine the best alternate location.
6. ONE GO offers a same day delivery promise subject to postcode coverage, geographical limitations and weather and traffic conditions.
7. ONE GO or its representative will contact you for verification purposes and update you regarding the status of delivery and estimated time of arrival of your Products.

Unforeseen Circumstances and Indemnity

8. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to the delivery schedule. If there is a significant delay, ONE GO’s customer service representative may call or e-mail you to let you know the status of your delivery. ONE GO will deliver your order the first possible moment the conditions permit.
9. You shall fully indemnify ONE GO for any costs and expenses incurred by ONE GO as a result of your failure to comply with ONE GO’s delivery policy.

• RETURN AND REFUND POLICY

1. If there is any issue with the delivered Products, you shall immediately submit a return form to ONE GO by way of e-mail to the email address specified and in any event such form shall be lodged within twenty four (24) hours after receipt of the Products. A reference number will be issued to you upon the receipt of the return form by ONE GO. ONE GO reserves the right to refuse any returned Product where a return form is not submitted or attached. Please follow the instructions stated in the return form and package the Product securely.
2. You acknowledge and accept that all returned Products will be subject to an examination by ONE GO, its merchant, manufacturer or supplier. ONE GO reserves the right to refuse to replace or issue the refund for the returned Products in the following situations, including without limitation:

• Change of Products without any specific reason;
• Products with missing merchandise serial number or product code;
• Non-faulty Products
• Free gift items; and/or
• Promotional items.
• VOUCHERS AND POINTS

ONE GO may do promotions, issue vouchers and award points for the purchase of the Products through the Site from time to time subject to the terms and conditions contained herein. ONE GO shall have the absolute discretion to vary the terms and conditions applicable to each voucher/promotion. “Vouchers” includes, but not limited to, points, coupon code, discount code, discount coupon, sale voucher, voucher code or any other form of discount applicable to the purchase of the Products from the Site.

Unless stated otherwise:

1. Vouchers are for one (1) time use only;
2. Vouchers can only be used for normal priced items;
3. Vouchers cannot be used in conjunction with any promotions, discounts, sales or special events;
4. Vouchers cannot be used for any corporate orders;
5. Only one (1) voucher per transaction;
6. Vouchers are not transferable or exchangeable for cash or any other forms of legal tender;
7. If the value of your order exceeds the amount stated in the Voucher, the difference thereof should be paid by you. If the value of your order is less than the amount stated in the Voucher, the difference thereof shall not be refunded to you.
8. If applicable, a valid Voucher must be entered at the checkout page in order to redeem its value.
9. Failed transaction or cancelled payment will make the Voucher used in connection with such failed transaction or cancelled payment void or invalid. Please contact ph@heineken.com for assistance.
10. Vouchers shall be valid during the validity period specified and the validity of the Vouchers cannot be extended. Points expire within one (1) year from the date the points are credited into your account.
11. Additional terms and conditions may be specified in relation to specific 13. Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers. Some special conditions must be satisfied in order to activate the Vouchers.
12. ONE GO shall not be held responsible for the loss or damage of any Vouchers. Damaged vouchers will be considered as invalid Vouchers and will not be replaced.
13. Failure to comply with any of these terms and conditions may result in order cancellation and/or Vouchers to be void.
14. ONE GO reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including without limitation due to:
15. Suspicious or fraudulent purchasing activity or Vouchers’ use;
16. Abuse of Vouchers, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
17. Voucher used in bad faith (including resold Vouchers or use of the Vouchers by customers purchasing Products for the purpose of re-selling).
18. All Vouchers are provided on an “as is” and “as available” basis, with all faults and without warranties or conditions of any kind, and ONE GO hereby disclaims all warranties (express or implied) and conditions with respect to all Vouchers. ONE GO will not be liable and/or be required to offer replacement of any Vouchers.

ONE GO PRIVACY POLICY

1. General

This Privacy Policy applies to our website dedicated to Drinkies.ph for consumers in the Philippines, available at www.drinkies.ph (the "Website") where we, ONE GO DISTRIBUTION, INC. (“we”, “us” or “our”), as an authorized entity of Heineken Philippines, Inc. collect certain personal data. Heineken Philippines, Inc. is the controller of the Personal Data collected and processed. However, where processing is undertaken for the purpose of globally strategic reporting, Heineken International B.V. is considered to be a separate data controller of your Personal Data.

Please read this Privacy Policy carefully as it contains important information to help you understand our practices regarding any personal information that you give to us or that we collect otherwise in the context of the Website (‘Personal Data’).

We respect your privacy, and we are committed to keeping your Personal Data secure and managing it in accordance with our legal responsibilities under applicable data protection laws.

Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the services (for example, prize fulfilment) but we will notify you if this is the case at the time.

2. What Personal Data We Collect and How We Use your Personal Data

You can use the majority of our Website without being required to provide any Personal Data to us. For certain services and purposes of the Website, you need to provide Personal Data to us. For example, for us to be able to process your orders or to send newsletters or other information to you. In addition to the information you are required to provide to us, we collect certain information when you visit our Website. Some information requested on the Website is mandatory. If you do not provide the requested information, we will not be able to deliver the service or product to you.

We have specified the Personal Data we collect, the purposes for which we use the Personal Data and how long we will generally retain your Personal Data:

• Registration and creating an account on our Website. Before you make a purchase, you can create an account and provide us with a log-in name and password (which we need to process your account) and email address, first name/last name, phone number, billing address, birth date (which we will use to process your order or contact you in case of irregularities around your order). You can manage the information in your account yourself and view e.g. which purchases you have made earlier.

We will retain your account details for as long as you actively use your account. After one (1) year of inactivity, we will delete your account. You can also request to remove your account via the Contact Us page on the website. As a guest, we will save your order in our back end and create a unique customer ID which contains your contact details. If you then make another purchase, we are able to link this order to the same contact details. We do this to avoid duplication of data and to ensure we can fulfill your purchase order. You can also request to remove this data via the Contact Us page on the website.

• Processing your order to be able to process your payment and to deliver the requested product or service to you; We need your name, e-mail address, telephone number (in case we need to communicate to you about your order), postal address of you or the recipient of our services (if different than yourself), your date of birth (as we are legally required to ask for before allowing you to visit our Website), payment information. This is also for our sales administration.

The use of this Personal Data is to perform our agreement with you or to comply with legal obligations, such as tax and accounting rules. Our online sales records will be retained by us for ten (10) years or longer if required by tax or corporate bookkeeping.

• Customer services: You can always reach out with a question via the Website or our email address. We can also reach out to you in case of product recalls or other service mails. For these purposes, we will process your email address, name and/or phone number. We register your requests, questions and our responses and other actions to handle your request.

The processing of your customer care issues is based on the performance of our contract, as you have requested us to respond to your questions or issues, or on a legitimate interest of ours, when we create insights and improvements or our services based on the issues or questions that you have raised with us.

Customer Service will retain all information for one (1) year after your question or complaint has been solved or the inquiry was closed.

• Sending commercial messages: We use multiple ways to send you commercial messages. You can subscribe to receiving commercial messages (e.g. newsletter), in that case we will use the contact details (such as your email address, social media account or phone number) you have provided to send you our commercial messages. Furthermore, when you purchase a product from us, you will also automatically be added to our customer database and therefore you will receive commercial messages about similar products or services, unless you object to this processing of personal data at the time of your purchase. If you no longer wish to receive any commercial messages from us, you can unsubscribe at any time by using the unsubscribe function in each e-mail message or you can contact us at drinkies.ph@heineken.com

When we are legally required, we ask for prior consent to send you commercial messages. In the case of an existing business relationship, we use of your Personal Data as it is in our legitimate interests to send our existing customers information about our products.

We will remove your contact details once you have opted-out of receiving commercial messages, unless this is also used and retained for other purposes listed in this Privacy Policy.

• Personalized Marketing; information about your purchases, your online searches and social media activity (such as Twitter, LinkedIn, Google, Facebook & Instagram) (clicks and views), your settings on our Website, the items in your shopping cart, your customer service requests, your location and contact history can be combined by us. This information enables us to build a profile or your interests and matching this with your other online information (for example by using Facebook or Google Custom audience services) in order for us to use different channels for relationship management and marketing of our products and services to you via e-mail, direct mail, social media, telephone or online advertising which may include personalizing Website marketing content and offers, in particular when we use data management platforms, so these are tailored to your preferences.

You can always opt-out of receiving our newsletter, direct mail, social media and telephone and you can always object to our use of your Personal Data for direct marketing purposes.

We use this Personal Data as it is necessary in our legitimate interests to be able to promote our products and services to our customers and website visitors, to enable us to attract more customers, to improve the sale of our products and services and to finance our Website (via online advertisements). We will ask for prior consent when we are legally required.

We will retain the Personal Data as specified under the relevant purposes for which the Personal Data have been collected (e.g. newsletters, account information, processing orders and payments). The Personal Data shall generally be deleted or anonymised 1years after your last order on our Website, except where we are legally required to retain the Personal Data or where it is kept for any of the other purposes.

• Information about your visit to and use of our Website; we collect certain information when you visit our Website, such as which web pages you visit, clicks and views, the type of device you use, the operating system you use, and type of internet browser. We also keep track of how you use our newsletter, which pages you view and which parts you read so we can customize the newsletter to your preferences. The information about your use of our Website and services enables us to build segments, which are groups of website visitors or customers with a number of common characteristics such as age group, gender or region. We will likely add you to one of our segments. Segments are used by us to customize the Website and to e.g. change the order of search results or where we place certain offers so you are more likely to see these. We may also use segments to show online advertisements or to send e-mailings that we think are relevant for you.

We use this Personal Data as it is necessary in our legitimate interests to do so to be able to promote our products and services to our customers and website visitors, to enable us to attract more customers, to improve the sale of our products and services and to finance our Website (via online advertisements).

Read more about our Cookie Policy to learn about how long personal data collected via cookies is retained.

• Maintenance and optimization of our Website; Your Personal Data will also be used for maintenance and analysis of our Website to solve performance issues, to improve the availability and to secure the website against fraud (e.g. in case of repeated attempts to log-in or to make a purchase or if the purchase is made where there is non-compliance with our terms and conditions, e.g. by individuals under 18). The analysis also enables us to check whether the online ordering process works efficiently so we can improve, where possible.

Our use of your Personal Data for these purposes is necessary in our legitimate interests and will be retained. Read more about how long personal data collected via cookies is retained in our Cookie Policy.

• Participate in research activities: We may request you to participate in research activities such as: surveys, pilots, panels, focus groups, and other research activities. Depending on the research activity, we will collect different sets of Personal Data. You will always be informed prior to the research activity what Personal Data we will collect and for what purpose we will collect this Personal data.

We will provide research activities either with your consent or because we have a legitimate interest, depending on the type and nature of the research activity.

Our use of your Personal Data for research activities is necessary in our legitimate interest or based on your prior specific consent, depending on the type of research activity and what exact Personal Data we will collect from you. The Personal Data will be retained for a maximum period of 12 months.

• Allowing you to participate in sweepstakes, contests or other promotions. If you take part in contests or events, depending on the campaign, prize draw or contest you will be asked for your name, email address, home address, telephone number and answers to open questions in order to ‘win’. If needed to send you the prizes per regular mail (e.g. as for tickets or products), we will also ask for your physical address or we may ask other specific details needed to award your prize to you.

We need this information as it is in our legitimate interest to process your participation and to be able to communicate with you about your prize or to send the prizes to you.

All information about your participation in our campaigns, prize draws and contests will be retained by us for a maximum period of 12 months after the end of the contest. The information will not be used for other purposes if you have not explicitly been informed about these purposes and/or have been asked for prior consent.

• Sharing of Personal Data with other Heineken group affiliates and subsidiaries: As member of a global business, we share Personal Data and Cookie data with Heineken group affiliates and subsidiaries (Heineken N.V., Heineken Nederland B.V.) for reasons as aggregated analytical and operational purposes and for personalized online marketing purposes (as described in paragraph 2.5), such as direct marketing, creating of consumer audiences or look-a-like audiences, enriching of existing customer profiles and/or sending emails (as described in paragraph 2.4). This includes information about your visit to our Website as described in paragraph 2.6.

We will only share such Personal Data when we are allowed to do so by law. This means that we will ask for prior consent, if this should be the lawful basis (for example when we share ‘direct marketing’ data). When we are allowed to rely on our legitimate interest, we will do so. This is the case when we create aggregated marketing insights or segments.

We will also receive Personal Data from ONE GO group affiliates and subsidiaries (Heineken N.V., Heineken Nederland B.V.) for the above mentioned purposes.

• Strategic reporting purposes. All of the Personal Data collected by Heineken Philippines, Inc is accessed and used by Heineken International B.V. to create aggregated strategic reports, which are used to identify opportunities globally and improve our products and services.

Heineken International B.V. uses this information as it is in our joint legitimate interest to identify opportunities globally and improve our products and services. All of your information will be retained for a maximum period of one (1) year.

3. How We Share Your Personal Data

As member of a global business, we share Personal Data and information we have acquired via your (online) interactions with us with Heineken group affiliates and subsidiaries (Heineken N.V., Heineken Nederland B.V.) for reasons as aggregated analytical and operational purposes and for marketing purposes, such as direct marketing, creating of consumer audiences or look-a-like audiences, enriching of existing customer profiles. We will only share such Personal Data when we are allowed to do so by law. This means that we will ask for prior consent, if this should be the lawful basis (for example when we share cookie or marketing opt-in data). When we are allowed to rely on our legitimate interest, we will do so. This is the case when we create aggregated marketing insights or segments.

We also receive cookie data and Personal Data from Heineken group affiliates and subsidiaries (Heineken N.V., Heineken Nederland B.V.) for reasons as aggregated analytical and operational purposes and for marketing purposes, such as direct marketing, creating of consumer audiences or look-a-like audiences, enriching of existing customer profiles. We will only receive such Personal Data when we are allowed to do so by law. This means that we will have asked for prior consent, if this should be the lawful basis (for example when we receive cookie data or direct marketing data). When we are allowed to rely on our legitimate interest, we will do so. This is the case when we create aggregated marketing insights or segments. We need to share Personal Data with third parties to help us provide services and products to you and to run our Website. These third parties are:

We may need to share Personal Data with third parties to help us provide services and products to you and to run our Website. These third parties are:

• Heineken group companies for the purpose of storing Personal Data processed via the Website, due to shared IT systems
• Service providers where this is needed to provide us with a service and to provide data analytics services
• Independent debt recovery agencies other agents for the purpose of collecting monies due or outstanding on your account
• Prize fulfilment agencies
• Couriers, hauliers and and service companies where necessary for providing you with goods or services you have requested
• Heineken International B.V. for strategic reporting purposes, where Heineken International B.V. will act as an independent data controller
• Data management platform provider, Relay42, who provides marketing strategy services
• Service providers that help us organize campaigns and promotions
• First and Third party advertising companies
• Media agencies for marketing purposes and research purposes
• Third party providers of Social Media Platforms (including Facebook, Google and Instagram)
• Service providers such as solicitors and accountants
• Payment service providers https://www.paymongo.com/terms-of-service-paymongo-philippines-inc
• Courts, parties to litigation and their professional advisers where we reasonably deem it necessary in connection with the establishment, exercise or defense of legal claims; and
• A purchaser or parties interested in purchasing any part of our business
• In case Heineken sells all or some of the assets or shares of a Heineken group company to which Personal Data was transferred to a third party, your Personal Data may be provided to this third party;
• In addition, we may use, disclose or transfer your information to a Heineken group company in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

4. Security of Personal Data

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They are subject to a duty of confidentiality.

Unfortunately, no transmission of information over the internet can be completely secure, and you should also note that the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect account information and passwords, so please take care to protect this information.

Our Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites, plug-ins or applications and are not responsible for their privacy statements. We encourage you to read the privacy notice of every website you visit and third party service/application that you use.

5. Retention of Your Personal Data

We will retain your Personal Data for as long as legally required or for as long as necessary to provide you with any requested services or for any of the other purposes listed in this Privacy Policy. The specific retention term are listed in this Privacy Policy for each of the relevant purposes. We will take reasonable steps to destroy or de-identify Personal Data we hold if it is no longer needed for the purposes set out above or after the expiration of the defined retention term.

6. Cookies

A major part of the information referred to in this Privacy Policy is collected via our use of cookies and similar techniques. Cookies are small text files containing small amounts of information which are downloaded and may be stored on your user device, e.g. your computer, smartphone or tablet. Techniques we use that may be similar to cookies are tracking pixels. These cookies and similar techniques are sometimes necessary to remember your account settings, language and country, but also enable us to measure and analyze your behavior on our Website and for showing you personalized advertisements on our Website or on third party websites. Where required, you will be asked for consent to our use of cookies. To view more information on what cookies we use and how we use them please review our separate Cookie Policy.

7. Social Media

You may choose to share information on our Website via social media, such as Facebook, Instagram and Twitter. This means that the information you share, with name and preferences, shall be visible to visitors of your personal pages. We advise you to carefully read the privacy policies of the social media parties as these are applicable to the processing of your Personal Data by these parties.

8. Children's Privacy

The Website is not intended for use by individuals under the age of 18. We do not knowingly collect Personal Data from individuals under the age of 18.

9. Your choices and rights

If your personal data is or has been subject to the Data Privacy Act of 2012 or the European GDPR (General Data Protection Regulation) or such other applicable laws, you have the right to request access to and deletion of your personal data, to object, to request restricted processing, to receive an overview of the personal data that you have provided to us in a structured, commonly used and machine-readable format. You also have the right to file a complaint with your local data protection authority. All your rights are subject to applicable data protection laws and other relevant laws and regulations, to the ONE GO Privacy Procedures and other ONE GO guidelines. However, you always have the right to object to our use of your Personal Data for direct marketing communications, and when you do so, we will accommodate your request. Where you have provided consent to our use of your Personal Data, you have the right to withdraw your consent without this effecting the lawfulness of our use of this Data before your withdrawal.

Please note that if you make use of (some of) your choices and rights, you may not be able to use, in whole or in part, of our Website services anymore

10. Updates

We will keep this Privacy Policy under review and make updates from time to time. Any changes to this Privacy Policy will be posted on our Website page and to the extent reasonably possible, will be communicated to you.

11. Contact

If you wish to exercise any of your rights listed above, you can contact us through the Contact Us page in our website. Please note that we may request proof of identity. If you have any other question, objection to our use of your Personal Data or a complaint about this Privacy Policy or about our handling of your Personal Data, you can e-mail via our Contact Us page.

Heineken International B.V. is the data controller for Personal Data processed for strategic overviews. If you have any question, objection to our use of your Personal Data or want to make use of any of your Personal Data rights, or file a complaint about this use of Personal Data or about the handling of your Personal Data, please contact us via this webform with a data privacy request.

The most recent version of this cookie policy is dated: 01 March 2022

ONE GO COOKIE POLICY

ONE GO DISTRIBUTION, INC is an authorized entity of Heineken Philippines, Inc., the latter being a part of the HEINEKEN Group (Heieneken N.V.). ONE GO (‘we’ or ‘us’) uses cookies to give you a better online experience. In order to make full use of the ONE GO website (‘Website’), your computer, tablet or mobile phone will need to accept cookies.

We use cookies or similar techniques to achieve this. Please note that by continuing to use our Website, you are agreeing to our use of cookies in the manner set out in this Cookie Policy. We therefore feel it is important that you read the Cookie Policy carefully, so that you know what cookies our Website uses and for what purposes.

What is a cookie?

Cookies are small text files containing small amounts of information which are downloaded and may be stored on your user device e.g. your computer (or other internet enabled devices, such as a smartphone or tablet). At ONE GO we may use similar techniques, such as pixels, web beacons and device fingerprints. For the sake of consistency, all these techniques combined will be hereafter referred to as ‘cookies’.

This Cookie Policy provides you with information about the cookies we use and why. Our Privacy Policy sets out full details of the personal data we collect and how we may use your personal information.

Cookies used on the Website

By clicking ‘Yes’ on the cookie banner, you give your consent to ONE GO to place and/or read cookies. ONE GO uses several different types of cookies:1) functional cookies, 2) analytics cookies, and 3) advertising cookies. Some of these are session cookies which are temporary and allow us to link your actions during a browser session. Session cookies are erased when you close the browser. Other cookies are persistent cookies which remain on your device for the period of time specified in the cookie. The Website uses cookies for the following purposes:

• FUNCTIONAL COOKIES

Functional cookies are essential and help you navigate the Website. They enhance the user friendliness of the Website for visitors. These cookies make sure that you only have to pass the age-gate once and that your basket is saved during all the steps of your checkout process. These cookies also help to support website security and basic functionality.

• ANALYTICS COOKIES

Analytics cookies help us to understand the behavior of our visitors and the usage of the Website in an aggregated manner. For instance, we can use these cookies to gain insight into how our visitors use our Website. This means we can find out what works and what doesn’t, it allows us to continuously improve the Website, and measure how effective our advertising and communication is.

We use Google Analytics cookies to obtain an overall view of visitor habits and visitor volumes, and to help improve the overall experience on our website. You may refuse the use of cookies by selecting the appropriate settings on your browser as described above. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB#. You may disable the use of Google Analytics by using the link disable Google Analytics. This link creates an opt-out cookie which prevents the further processing of your data. For more information about Google Analytics cookies, please see Google's help pages and Privacy policy:

Google's Privacy Policy

Google Analytics Help pages.

• ADVERTISING COOKIES

Advertising cookies will remember your product and page preferences and in general that you visited the Website. We strive to provide you with advertisements relevant to you and your interests on other online platforms, where available on the basis of your visits and surfing behavior on our Website and other third party websites. Based on these interests, we develop a segmented profile and then adapt the content and the advertisements on our website for various groups of customers. Third parties that set cookies via our website may also try to find out what your interests are in this way, and this information may also be used to present you with content or advertisements that appear more likely to