Warranty

The commitment of Phuan’s Kitchen Concept Corporation is to provide support and assistance to customers who would like to avail of the manufacturer’s warranty.

The Company warrants the Thermomix TM6 against defect in materials and workmanship when used in accordance with the Thermomix® user manual for a period of (from date of delivery):

• TWENTY-FOUR (24) months for domestic use
• TWELVE (12) months for commercial use

All consumables and/or accessories (e.g. Mixing knife, Mixing Bowl, Spatula, Butterfly whisk, splash guard, Varoma set etc.) are generally not serviceable items as these items go through wear and tear through regular usage. General wear and tear are not considered manufacturer’s defects. These items are available for replacement purchase through our Thermomix Experience Center.

In case the item purchased has a problem, customer may email us at  techsupport@phuanskitchen.com.ph  for guidance.
 
All reported items claiming under warranty, are subject to manufacturer’s verification or investigation. Warranty claims will be according to manufacturer’s disposition.
 
Any unauthorized attempts to dismantle or repair the Thermomix unit will void the warranty agreement. The Company is not liable for any losses suffered by any third party directly or indirectly caused by unauthorized repairs or remedial work and the customer shall indemnify The Company against all losses arising out of such claims.

The Company offers warranty only to customers that bought the Thermomix through the Company. Other Thermomix users that purchased the Thermomix from other sources or outside of the Philippines must claim their warranty from the respective retailer / supplier.

To the extent allowed under Philippine law, the Company shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.

 

User Registration

Registration is required prior to making an order through our online shop. You must be at least 18 years of age to place an order on our online shop. Registration is only complete when you have supplied the required information and we have confirmed your login information with you.

All information supplied by you upon registration must be true, complete, and accurate (“User Data”). You must maintain and promptly update your User Data as appropriate from time to time.

We reserve the right to refuse any user registration if all or part of the information you have provided is false or inaccurate. Other grounds for refusal of registration may include, but are not limited to, offensive content, obscenity, defamatory content, contempt, incitement, copyright infringement, brand names or registered trademarks, company or organization names, names of high-profile or public figures or names promoting political, religious, social or economic groups or issues.

Without limiting any other provision of these terms, if you provide any information that is untrue, inaccurate, incomplete, or if we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and to refuse any and all current or future use of this online shop (or any portion thereof).

You agree not to assign, transfer or sublicense your rights as a Registered User of this online shop. You further agree not to register more than one account, create an account on behalf of someone else, or create a false or misleading identity on this online shop.

You agree to keep the User Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your account. If you become aware of any unauthorized use of your account, you should notify us immediately.

Order procedure

1. Order processing is from Mondays through Friday, 10:00am through cut-off time of 4:00pm (Manila Time). Orders placed after cut-off shall be processed the next business day.
2. For International credit card, an international valid ID shall be required.
3. You may be asked to provide additional information or requirements for verification purposes before we accept the order. Verification normally takes 1-2 days after the cardholder has completed the requirements. Please be advised that the additional documents required should be forwarded within 7 days from the date of order.
4. Please take note that there are cases wherein an order cannot be processed for several reasons, such as, restrictions on the maximum number of units that a single customer can purchase. The site has the right to refuse or cancel any order for any of these reasons.
5. Once we have completed the verification, we will send you a Confirmation Email.
6. Products on this site are normally available for consolidation within 24hrs after the order has been accepted. If an order will not be available within 24hrs, or is out of stock, or if under order basis (7-10 working days) the customer will be notified through telephone or email as to when the product will be available. The customer, on the other hand, has the option to cancel the order without any charges.
7. For select transactions (Non-OTP and international card), kindly allow additional 3-5 work days processing. We may also get in touch with you to request for a copy of Valid ID.

Order information

We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
 
We reserve the right to limit the quantity of items purchased per person, per household or per order for any reason.  These restrictions may apply to orders placed by the same account, the same credit card, and to orders that use the same billing and/or shipping address.  We will notify you should such limits be applied.

Payment method and processing

Our preferred payment method are bank cards. However, we also offer other methods of payment, and these methods will be presented to you upon checkout of the product you purchased from us. We will process your payment immediately. However, all payments are subject to the final approval of your bank.

Until all amounts due and owed by you to us have been paid in full, you authorize us to charge your chosen payment method (including but not limited to credit card and debit card). You agree to keep your payment information current at all times. If the card or your payment method cannot be verified, is invalid, is over-limit or is not otherwise acceptable, your order will be kept on hold or suspended by us.

Should you wish to pay in cash or bank transfer or e-wallet, please reach out to us via thermomix@phuanskitchen.com.ph.

The Company takes no responsibility and assumes no liability for any loss or damage to the customer arising from payment information entered by the customer or wrong remittance by the customer in connection with the payment for the items purchased. We reserve the right to check whether the customer is duly authorized to use certain payment method and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

You may not claim against the Company for any failure, disruption, or error in connection with your chosen payment method. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

Payment by Instalment via Credit Cards

We also accept payments by regular installments for BDO credit card holders. The bank interests incurred will be borne by you. The instalment plans are subjected to final approval by the bank. The payment calculations may be explained by your Thermomix® Advisor. An administration fee applies for any cancellation of orders.

Security of Information

While we use our best efforts to protect the security of transmission of information over the internet, we do not guarantee or warrant that any transmission of any data over the internet is totally secure. Accordingly, any information which you transmit to us is transmitted at your own risk. However, we take reasonable steps to preserve the security of any information that you have provided to us.

Your Privacy

We may collect information from third parties (such as Independent Thermomix Advisors). If you choose to purchase our products and/or avail of our services, or if you choose to become an Advisor, you will be required to provide personal information to us. By providing this information, you agree that we may use the information to directly market to you (unless you opt out). Information may be disclosed to our service providers and data processors.

We collect, hold, and use information subject to our privacy policy.

Cancellation Policy

All transactions may be cancelled before making any payments. Once the payment has been made, the Return and Refund Policy shall apply. The Company reserves the right to charge an administrative fee to cancel orders that have already been paid. Please read and understand all the terms and conditions before finalizing your purchase.

Should your order be cancelled for whatever reason, you will be duly notified via e-mail by our employees.

Our employees will facilitate a full refund of any payments made to us.

Delivery

Delivery and shipment of orders within the Philippines shall be handled by our Company or appointed delivery partners as long as destination is covered by its delivery network. Delivery of the products shall be made to the address you specify in your Order.

We reserve the right to charge freight on all deliveries. Shipping costs will vary according to the location of the delivery address. This fee will be made known to you at the time of placing your order. No deliveries will be made while payment is outstanding.

Orders are normally dispatched on the next working day after the payment is accepted; delivery lead time are as follows:

a)        1 - 3 working days within Metro Manila

b)       5 - 7 working days for Luzon Area

c)        8 - 13 days for Visayas and Mindanao

Upon delivery of item, the cardholder should present the following:

a)        Confirmation letter

b)       Valid ID with photo and signature. (Please refer to acceptable valid ID listed under Order Requirements)

In the absence of the cardholder, an authorized representative may receive the product provided the following will be presented:

a)          Confirmation letter

b)         Signed authorization letter from cardholder

c)          Clear copy of cardholder’s valid ID with photo and signature

d)        Clear copy of representative’s valid ID with photo and signature

Please observe the guidelines upon delivery which was mentioned above as there will be no release of item without the confirmation letter, valid ID of cardholder, signed authorization letter, if applicable and copy of representative’s valid ID, if applicable.

The Company shall not be held liable for non-delivery of product due to the following circumstances beyond our control and its affiliate partners:

a)        Unavailability of cardholder or authorized representative

b)       Incomplete or incorrect address.

The Company reserves the right to charge additional delivery fees after the first unsuccessful delivery attempt due to unavailability of the receiver. We shall wait for customer’s/cardholder’s advice before proceeding to the delivery attempt. If delivery failed on the third attempt, the transaction shall be deemed terminated. Delivery fees and other payments made shall be forfeited.

You acknowledge that delivery of the Products is subject to availability but you acknowledge that while stock information on the site is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your product is delayed, we will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available. The time for delivery shall not be of the essence, and we shall not be liable for any delay in delivery whatsoever caused. In the event you do not receive the Product by the projected delivery date and provided that you inform us within 3 days immediately of such projected delivery date, we will try to locate and deliver the Product. If the Company does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Philippine law.

Regardless of the date of delivery selected by you when purchasing, you agree to collect the Goods from the Company within 120 days of the date of order (“the 120-day period”). You also agree that the Company shall deliver the Goods to your address should you fail to collect the Goods after the expiry of the 120-day period. However, you may contact us at thermomix@phuanskitchen.com.ph to request for an extension of the delivery date and the Company shall assess such request on a case-by-case basis.

If you fail to collect the Goods from the Company after the 120-day period, or if the address you provided is not valid, or if you fail to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of the Company’s default) then, without prejudice to any other right or remedy available to the Company, the Company reserves the right to:

• store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
• sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge you for any shortfall below the price under the Contract.
• Any claims of discrepancy or discrepancies SEVEN (7) days after the delivery date will not be entertained.

Return and Refund Policy

Replacement of unit due to change of mind is not allowed. Only defective goods can be returned or exchanged.

If the item was defective, the customer shall inform the Company within 7 days. Kindly send us an email at thermomix@phuanskitchen.com.ph and a Customer Service Representative will get in touch with you to investigate and provide you with guidance on the matter.

The customer may return any Thermomix® product within seven (7) working days from the date of purchase and the returns and refunds are subject to the Company’s inspection and verification that the product’s packaging is sealed, unopened, with its packaging in its original/perfect condition and with prepaid shipping charges and insured for the full purchase price, with original copy of Sales Invoice. Shipping and handling charges are non-refundable.

However, if the product has been delivered and the packaging has been opened, the return and refund policy does not apply regardless of whether it was already used or not.

In case the customer informed the Company later than 7 days, the concern will still be investigated but item replacement will be under manufacturer’s disposition on case by case basis.

In the case of verified refunds, refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us or check pick-up on preferred branch of store. Also, all refunds will be deducted from handling and shipping fee incurred on the transaction.

The Company offers no guarantee on the timeliness of the refunds. The processing of payment may take time depending on the guidelines provided by the respective banks and/or payment provider’s internal processing guidelines.

We reserve the right to modify the mechanism of processing refunds at any time without notice. We will not provide you with a refund for certain goods which by nature cannot be returned.  Such items include items which cannot be resold for health and hygiene reasons once unwrapped.

All terms and conditions herein are subject to applicable laws of the Philippines.

Here are the list of reasons why customers can return their purchased product:

1. Item not as advertised - item(s) received is not as expected based on website purchase.
2. Wrong Item Delivered - item(s) received by the customer is not the same product he/she ordered.
3. Damaged Item - item(s) received by the customer may have dents, scratches or any issues that relates to cosmetics quality.
4. Defective item - item(s) received by the customer is not working properly or it has “Factory Defect”.
5. Missing Accessories/Item - Some parts or bundles of the order is missing.

Risk of loss

Ownership over the products will only be passed to you when we receive full payment of all sums due from you, including delivery charges. At the time of delivery, risk of loss and/or damage to the products will be transferred to you.

Violations of these terms and conditions

Without limiting any other remedies available to us at law or in equity, we reserve the right to temporarily or indefinitely refuse to provide services to you without notice if:

• you breach any provision of these Terms and Conditions;
• we are unable to verify or authenticate any information that you provide to us; or
• we believe that your actions may cause damage and/or legal liability, to us, any of our customers or suppliers or any other person.

 

General

We reserve the right to amend these terms and conditions at our sole discretion and as we deem fit and reasonable without prior notice.

If any of these terms are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the terms and the severed part will not affect the validity and enforceability of any remaining provisions.

These terms will be governed by and interpreted in accordance with the laws of the Republic of the Philippines.

You agree to the jurisdiction of the courts and other alternative means of dispute resolution of the Republic of the Philippines to determine any dispute arising out of these terms.

Please direct any questions regarding our terms and conditions to our Customer Service by emailing us at thermomix@thermomix.com.sg

 

Trademarks

The trademarks, logos, and service marks displayed on this website are the property of the Company or their respective owners. You are not permitted to use these items without the prior written consent of the Company or their respective owners. 

Copyrights

The Company either owns the intellectual property rights in the content that is made available on this website, or has obtained the permission of the owner to make it available on this website. The Company strictly prohibits the redistribution or copying of this website, in whole or in part, without written permission from the Company. This website authorizes you to display on your computer, download, or print the pages from this website provided: 

A. The copyright notice appears on all printouts.
B. The information is intact and will not be altered in any way.
C. The content is used for personal, educational, or non-commercial use only.

You do not redistribute or copy the information to any other media.
The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at the contact information provided below. Please include the following:

a)        A description of the intellectual property that you claim has been infringed.

b)       A description of the material that you claim is infringing on the said intellectual property.

c)        An address, telephone number, and email address where you can be contacted.

Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Include the statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Your physical signature.

Exclusion of Liability

The Company’s security shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with  any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and any use of or access to any other website or webpage linked to the site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the site is entirely at your own risk and we shall not be liable therefor.

THE COMPANY, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE COMPANY SITE

Content Submission and Information

The Company allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through The Company site.

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity. 

If you make any submission to the Company site, you automatically grant, or warrant that the owner of such content has expressly granted The Company, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.  You should not submit any Content to us that you do not wish to license to us.  The Company is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content.  You grant the Company the right to use the name that you submit in connection with any Content.

Although the Company cannot monitor all Content, you understand that the Company shall have the right, but not the obligation, to monitor the Content of the Company website to determine compliance with this Agreement and any other operating rules that may be established by the Company from time to time.  The Company shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, The Company site for any reason, including violation of this Agreement, whether for legal or other reasons.  Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify The Company and its affiliates for all claims resulting from any Content you submit.

The Company may, from time to time, be required by government agencies to disclose certain information in connection with any audit and investigation. You understand that we are not required to contest any demand made by an authority for such information.

Links to Other Sites

This website contains links to other websites and are provided for convenience only. The Company has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by the Company, of the website or their owners, products, or services. 

Submission of Ideas

The Company or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Company products, services, or marketing strategies might seem similar to ideas submitted to the Company. Please do not send your unsolicited ideas to the Company or anyone at the Company. If, despite our request, you still send us your ideas or materials, please understand that the Company makes no assurances that your ideas or materials will be treated as confidential or proprietary. 

Rules of Conduct

Your use of this website is subject to all applicable local, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. The Company reserves the right to seek damages from any such person to the fullest extent permitted by law.
In addition, you agree not to post or transmit through this website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this website by "hacking", "cracking", "spoofing", or defacing any portions of this website.
You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with The Company and/or this website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent.

Global Availability

Our Company controls this site from its Philippine offices. If you use this website from other locations you are responsible for compliance with applicable local laws. The Company makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services may not be available worldwide.

Accuracy, Completeness and Timeliness of Information

The Company is not responsible if the information that is made available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

Disclaimer 

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH THE USE OF THIS WEBSITE OR ANY CONTENT. THE COMPANY MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY THE COMPANY AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PHUAN’S KITCHEN CONCEPT CORPORATION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF THE COMPANY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; ( c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Jurisdiction

This agreement and all claims relating to the relationship between the parties are governed by the laws of the Republic of the Philippines.

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Notices

Notices from us: All notices or other communications given to you if:  (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

We may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

Termination

This Agreement is effective unless and until terminated by either you or the Company.  You may terminate this Agreement at any time, provided that you discontinue any further use of The Company site.  The Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny your access to The Company site, if in The Company’s sole discretion you fail to comply with any term or provision of this Agreement.  Upon any termination of this Agreement by either you or The Company, you must promptly destroy all materials downloaded or otherwise obtained from The Company site, as well as all copies of such materials, whether made under this Agreement or otherwise.  The following sections shall survive any termination of this Agreement: “Terms of use,” “Content Information,” “Offer to buy,” “Order Procedure,” “Pricing Policy,” “Copyrights,” “Termination,” “Disclaimer,” “Jurisdiction,” “Limitation of Liability,” and “Privacy Policy.”

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them.  Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.  The failure of the Company to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Company’s rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under Philippines law without regard to conflicts of law provisions.  Any action or proceeding arising out of or related to this Agreement or your use of the Company site must be brought in the courts of the Philippines, and you consent to the exclusive personal jurisdiction of such courts.

Privacy Policy

You may see our Privacy Policy here.