1. INTRODUCTION
1.1
Welcome to the Pinoy Electronic Store Online (PESO) platform (the
"Site"). Please read the following Terms of Service carefully before
using this Site or creating a new Pinoy Electronic Store Online (PESO) account
("Account") so that you are aware of your legal rights and
obligations with respect to Pinoy Electronic Store Online (PESO) and its
affiliates and subsidiaries (individually and collectively, "Pinoy
Electronic Store Online (PESO)", "we", "us" or
"our"). The "Services" we provide or make available include
(a) the Site, (b) the services provided by the Site and by Pinoy Electronic
Store Online (PESO) client software made available through the Site, and (c)
all information, linked pages, features, data, text, images, photographs,
graphics, music, sounds, video, messages, tags, content, programming, software,
application services (including, without limitation, any mobile application
services) or other materials made available through the Site or its related
services ("Content"). Any new features added to or augmenting the
Services are also subject to these Terms of Service. These Terms of Service
govern your use of Services provided by Pinoy Electronic Store Online (PESO).
1.2
The Services include an online platform service that provides a place and
opportunity for the sale of goods between the buyer (“Buyer”) and the seller
(“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for
sale is between Buyer and Seller and Pinoy Electronic Store Online (PESO) is
not a party to that or any other contract between Buyer and Seller and accepts
no obligations in connection with any such contract. Parties to such
transaction will be entirely responsible for the sales contract between them,
the listing of goods, warranty of purchase and the like. Pinoy Electronic Store
Online (PESO) is not involved in the transaction between Users. Pinoy
Electronic Store Online (PESO) may or may not pre-screen Users or the Content
or information provided by Users. Pinoy Electronic Store Online (PESO) reserves
the right to remove any Content or information posted by you on the Site in
accordance to Section 6.4 herein. Pinoy Electronic Store Online (PESO) cannot
ensure that Users will actually complete a transaction.
1.3
Before becoming a User of the Site, you must read and accept all of the terms
and conditions in, and linked to, these Terms of Service and you must consent
to the processing of your personal data as described in the Privacy Policy
linked hereto.
1.4 Pinoy
Electronic Store Online (PESO) reserves the right to change, modify, suspend or
discontinue all or any part of this Site or the Services at any time or upon
notice as required by local laws. Pinoy Electronic Store Online (PESO) may
release certain Services or their features in a beta version, which may not
work correctly or in the same way the final version may work, and we shall not
be held liable in such instances. Pinoy Electronic Store Online (PESO) may also
impose limits on certain features or restrict your access to parts of, or the
entire, Site or Services in its sole discretion and without notice or
liability.
1.5 Pinoy
Electronic Store Online (PESO) reserves the right to refuse to provide you
access to the Site or Services or to allow you to open an Account for any
reason.
BY USING PINOY ELECTRONIC STORE ONLINE (PESO)
SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND
CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND
CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO
NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE
LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR
COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL
GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL
AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL
YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR
LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS
OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE
OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS
CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
2.1
Your privacy is very important to us at Pinoy Electronic Store Online (PESO).
To better protect your rights we have provided the Pinoy Electronic Store
Online (PESO) Privacy Policy to explain our privacy practices in detail. Please
review the Privacy Policy to understand how Pinoy Electronic Store Online (PESO)
collects and uses the information associated with your Account and/or your use
of the Services (the “User Information”). By using the Services or providing
information on the Site, you:
(i)
consent to Pinoy Electronic Store Online (PESO)'s collection, use, disclosure
and/or processing of your Content, personal data and User Information as
described in the Privacy Policy;
(ii)
agree and acknowledge that the proprietary rights of your User Information are
jointly owned by you and Pinoy Electronic Store Online (PESO); and
(iii)
shall not, whether directly or indirectly, disclose your User Information to
any third party, or otherwise allow any third party to access or use your User
Information, without Pinoy Electronic Store Online (PESO)’s prior written
consent.
2.2
Users in possession of another User’s personal data through the use of the
Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws
with respect to any such data; (ii) allow the User whose personal data the
Receiving Party has collected (the “Disclosing Party”) to remove his or her
data so collected from the Receiving Party’s database; and (iii) allow the
Disclosing Party to review what information have been collected about them by
the Receiving Party, in each case of (ii) and (iii) above, in compliance with
and where required by applicable laws.
3. LIMITED
LICENSE
3.1 Pinoy
Electronic Store Online (PESO) grants you a limited and revocable license to
access and use the Services subject to the terms and conditions of these Terms
of Service. All proprietary Content, trademarks, service marks, brand names,
logos and other intellectual property (“Intellectual Property”) displayed in
the Site are the property of Pinoy Electronic Store Online (PESO) and where
applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party
accessing the Site to use or reproduce any Intellectual Property, and no party
accessing the Site shall claim any right, title or interest therein. By using
or accessing the Services you agree to comply with the copyright, trademark,
service mark, and all other applicable laws that protect the Services, the Site
and its Content. You agree not to copy, distribute, republish, transmit,
publicly display, publicly perform, modify, adapt, rent, sell, or create
derivative works of any portion of the Services, the Site or its Content. You
also may not, without our prior written consent, mirror or frame any part or
whole of the contents of this Site on any other server or as part of any other
website. In addition, you agree that you will not use any robot, spider or any
other automatic device or manual process to monitor or copy our Content,
without our prior written consent (such consent is deemed given for standard
search engine technology employed by Internet search websites to direct
Internet users to this website).
3.2
You are welcome to link to the Site from your website, provided that your website
does not imply any endorsement by or association with Pinoy Electronic Store
Online (PESO). You acknowledge that Pinoy Electronic Store Online (PESO) may,
in its sole discretion and at any time, discontinue providing the Services,
either in part or as a whole, without notice.
4. SOFTWARE
Any
software provided by us to you as part of the Services is subject to the
provisions of these Terms of Service. Pinoy Electronic Store Online (PESO)
reserves all rights to the software not expressly granted by Pinoy Electronic
Store Online (PESO) hereunder. Any third-party scripts or code, linked to or
referenced from the Services, are licensed to you by the third parties that own
such scripts or code, not by Pinoy Electronic Store Online (PESO).
5. ACCOUNTS
AND SECURITY
5.1
Some functions of our Services require registration for an Account by selecting
a unique user identification ("User ID") and password, and by
providing certain personal information. If you select a User ID that Pinoy Electronic
Store Online (PESO), in its sole discretion, finds offensive or inappropriate, Pinoy
Electronic Store Online (PESO) has the right to suspend or terminate your
Account. You may be able to use your Account to gain access to other products,
websites or services to which we have enabled access or with which we have tied
up or collaborated. Pinoy Electronic Store Online (PESO) has not reviewed, and
assumes no responsibility for any third party content, functionality, security,
services, privacy policies, or other practices of those products, websites or
services. If you do so, the terms of service for those products, websites or
services, including their respective privacy policies, if different from these
Terms of Service and/or our Privacy Policy, may also apply to your use of those
products, websites or services.
5.2
You agree to (a) keep your password confidential and use only your User ID and
password when logging in, (b) ensure that you log out from your account at the
end of each session on the Site, (c) immediately notify Pinoy Electronic Store
Online (PESO) of any unauthorised use of your
Account, User ID and/or password, and (d) ensure that your Account information
is accurate and up-to-date. You are fully responsible for all activities that
occur under your User ID and Account even if such activities or uses were not
committed by you. Pinoy Electronic Store Online (PESO) will not be liable for
any loss or damage arising from unauthorised use of
your password or your failure to comply with this Section.
5.3
You agree that Pinoy Electronic Store Online (PESO) may for any reason, in its
sole discretion and with or without notice or liability to you or any third
party, immediately terminate your Account and your User ID, remove or discard
from the Site any Content associated with your Account and User ID, withdraw
any subsidies offered to you, cancel any transactions associated with your
Account and User ID, temporarily withhold any sale proceeds or refunds, and/or
take any other actions that Pinoy Electronic Store Online (PESO) deems
necessary. Grounds for such actions may include, but are not limited to, (a)
extended periods of inactivity, (b) violation of the letter or spirit of these
Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening
or abusive behavior (d) having multiple user accounts for illegitimate reasons,
or (e) behavior that is harmful to other Users, third parties, or the business
interests of Pinoy Electronic Store Online (PESO). Use of an Account for
illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may
be referred to law enforcement authorities without notice to you. If a legal
dispute arises or law enforcement action is commenced relating to your Account
or your use of the Services for any reason, Pinoy Electronic Store Online (PESO)
may terminate your Account immediately with or without notice.
5.4
Users may terminate their Account if they notify Pinoy Electronic Store Online
(PESO) in writing (including via email at support@pinoyelectronicstore.com of their desire to do so. Notwithstanding any such termination,
Users remain responsible and liable for any incomplete transaction (whether
commenced prior to or after such termination), shipment of the product, payment
for the product, or the like, and Users must contact Pinoy Electronic Store
Online (PESO) after he or she has promptly and effectively carried out and
completed all incomplete transactions according to the Terms of Service. Pinoy
Electronic Store Online (PESO) shall have no liability, and shall not be liable
for any damages incurred due to the actions taken in accordance with this
Section. Users waive any and all claims based on any such action taken by Pinoy
Electronic Store Online (PESO).
5.5
You may only use the Services and/or open an Account if you are located in one
of our approved countries, as updated from time to time.
6. TERM
OF USE
6.1
The license for use of this Site and the Services is effective until
terminated. This license will terminate as set forth under these Terms of
Service or if you fail to comply with any term or condition of these Terms of
Service. In any such event, Pinoy Electronic Store Online (PESO) may effect
such termination with or without notice to you.
6.2
You agree not to:
(a)
upload, post, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, alarming, distressing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
(b)
violate any laws, including without limitation any laws and regulation in
relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(c)
use the Services to harm minors in any way;
(d)
use the Services to impersonate any person or entity, or otherwise misrepresent
your affiliation with a person or entity;
(e)
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Services;
(f)
remove any proprietary notices from the Site;
(g)
cause, permit or authorize the modification, creation of derivative works, or
translation of the Services without the express permission of Pinoy Electronic
Store Online (PESO);
(h)
use the Services for the benefit of any third party or any manner not permitted
by the licenses granted herein;
(i)
use the Services for fraudulent purposes;
(j)
manipulate the price of any item or interfere with other User's listings;
(k)
take any action that may undermine the feedback or ratings systems;
(l)
attempt to decompile, reverse engineer, disassemble or hack the Services (or
any portion thereof), or to defeat or overcome any encryption technology or
security measures implemented by Pinoy Electronic Store Online (PESO) with
respect to the Services and/or data transmitted, processed or stored by Pinoy
Electronic Store Online (PESO);
(m)
harvest or collect any information about or regarding other Account holders,
including, without limitation, any personal data or information;
(n)
upload, email, post, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(o)
upload, email, post, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
(p)
upload, email, post, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail", "spam",
"chain letters", "pyramid schemes", or any other unauthorized
form of solicitation;
(q)
upload, email, post, transmit or otherwise make available any material that
contains software viruses, worms, Trojan-horses or any other computer code,
routines, files or programs designed to directly or indirectly interfere with,
manipulate, interrupt, destroy or limit the functionality or integrity of any
computer software or hardware or data or telecommunications equipment;
(r)
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other Users of the Services are able to type, or otherwise act in a
manner that negatively affects other Users' ability to engage in real time
exchanges;
(s)
interfere with, manipulate or disrupt the Services or servers or networks
connected to the Services or any other User's use and enjoyment of the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Site;
(t)
take any action or engage in any conduct that could directly or indirectly
damage, disable, overburden, or impair the Services or the servers or networks
connected to the Services;
(u)
use the Services to intentionally or unintentionally violate any applicable
local, state, national or international law, rule, code, directive, guideline,
policy or regulation including, without limitation, laws and requirements
(whether or not having the force of law) relating to anti-money laundering or
counter-terrorism;
(v)
use the Services in violation of or to circumvent any sanctions or embargo
administered or enforced by the U.S. Department of Treasury’s Office of Foreign
Assets Control, the United Nations Security Council, the European Union or Her
Majesty’s Treasury;
(w)
use the Services to violate the privacy of others or to "stalk" or
otherwise harass another;
(x)
infringe the rights of Pinoy Electronic Store Online (PESO), including any
intellectual property rights and any passing off of the same thereof;
(y)
use the Services to collect or store personal data about other Users in
connection with the prohibited conduct and activities set forth above; and/or
(z)
list items which infringe upon the copyright, trademark or other intellectual
property rights of third parties or use the Services in a manner which will
infringe the intellectual property rights of others.
6.3
You understand that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from whom such Content
originated. This means that you, and not Pinoy Electronic Store Online (PESO),
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available through the Site. You understand that by using the
Site, you may be exposed to Content that you may consider to be offensive,
indecent or objectionable. To the maximum extent permitted by applicable law,
under no circumstances will Pinoy Electronic Store Online (PESO) be liable in
any way for any Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result of the
use of, or reliance on, any Content posted, emailed, transmitted or otherwise
made available on the Site.
6.4
You acknowledge that Pinoy Electronic Store Online (PESO) and its designees
shall have the right (but not the obligation) in their sole discretion to
pre-screen, refuse, delete, remove or move any Content, including without
limitation any Content or information posted by you, that is available on the
Site. Without limiting the foregoing, Pinoy Electronic Store Online (PESO) and
its designees shall have the right to remove any Content (i)
that violates these Terms of Service; (ii) if we receive a complaint from
another User; (iii) if we receive a notice of intellectual property
infringement or other legal instruction for removal; or (iv) if such Content is
otherwise objectionable. We may also block delivery of a communication
(including, without limitation, status updates, postings, messages and/or
chats) to or from the Services as part of our effort to protect the Services or
our Users, or otherwise enforce the provisions of these Terms and Conditions.
You agree that you must evaluate, and bear all risks associated with, the use
of any Content, including, without limitation, any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you have not and, to the maximum extent permitted by applicable law, may
not rely on any Content created by Pinoy Electronic Store Online (PESO) or
submitted to Pinoy Electronic Store Online (PESO), including, without
limitation, information in Pinoy Electronic Store Online (PESO) Forums and in
all other parts of the Site.
6.5
You acknowledge, consent to and agree that Pinoy Electronic Store Online (PESO)
may access, preserve and disclose your Account information and Content if
required to do so by law or pursuant to an order of a court or by any
governmental or regulatory authority having jurisdiction over Pinoy Electronic
Store Online (PESO) or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce these Terms of Service; (c) respond to claims that any Content violates
the rights of third parties; (d) respond to your requests for customer service;
or (e) protect the rights, property or personal safety of Pinoy Electronic
Store Online (PESO), its Users and/or the public.
7. VIOLATION
OF OUR TERMS OF SERVICE
7.1
Violations of this policy may result in a range of actions, including, without
limitation, any or all of the following:
-
Listing deletion
-
Limits placed on Account privileges
-
Account suspension and subsequent termination
-
Criminal charges
-
Civil actions, including without limitation a claim for damages and/or interim
or injunctive relief
7.2
If you believe a User on our Site is violating these Terms of Service, please
contact support@pinoyelectronicstore.com
8. REPORTING
INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1
The Users are independent individuals or businesses and they are not associated
with Pinoy Electronic Store Online (PESO) in any way. Pinoy Electronic Store
Online (PESO) is neither the agent nor representative of the Users and does not
hold and/or own any of the merchandises listed on the Site.
8.2
If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorized
by an IPR Owner (“IPR Agent”) and you believe that your right or your
principal’s right has been infringed, please notify us in writing by email
to support@pinoyelectronicstore.com and copy legal@pinoyelectronicstore.com and provide us the
documents requested below to support your claim. Do allow us time to process
the information provided. Pinoy Electronic Store Online (PESO) will respond to
your complaint as soon as practicable.
8.3
Complaints under this Section 8 must be provided in the form prescribed by Pinoy
Electronic Store Online (PESO), which may be updated from time to time, and
must include at least the following: (a) a physical or electronic signature of
an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the
type and nature of intellectual property right that is allegedly infringed and
proof of rights; (c) details of the listing which contains the alleged
infringement; (d) sufficient information to allow Pinoy Electronic Store Online
(PESO) to contact the Informant, such as Informant’s physical address,
telephone number and e-mail address; (e) a statement by Informant that the
complaint is filed on good faith belief and that the use of the intellectual
property as identified by the Informant is not authorized by the IPR Owner or
the law; (f) a statement by the Informant that the information in the
notification is accurate, indemnify us for any damages we may suffer as a
result of the information provided by and that the Informant has the
appropriate right or is authorized to act on IPR Owner’s behalf to the
complaint.
9. PURCHASE
AND PAYMENT
9.1
Pinoy Electronic Store Online (PESO) supports one or more of the following
payment methods in each country it operates in:
(i) Credit
Card
Card payments are processed through
third-party payment channels and the type of credit cards accepted by these
payment channels may vary depending on the jurisdiction you are in.
(ii) Cash
on Delivery (COD)
Pinoy Electronic Store Online (PESO) provides
COD services in selected countries. Buyers may pay cash directly to the deliver
agent upon their receipt of the purchased item.
(iii) Bank
Transfer
Buyer may make payments through an Automated
Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Pinoy
Electronic Store Online (PESO) Guarantee Account (as defined in Section 11).
Buyer must provide Pinoy Electronic Store Online (PESO) with the transfer
receipt or payment transaction reference for verification purposes through the
‘Upload Receipt’ function found in Pinoy Electronic Store Online (PESO)’s app
as payment confirmation. If payment confirmation is not received by Pinoy
Electronic Store Online (PESO) within three (3) days, Buyer’s order will be
cancelled.
9.2
Buyer may only change their preferred mode of payment for their purchase prior
to making payment.
9.3
Pinoy Electronic Store Online (PESO) takes no responsibility and assume no
liability for any loss or damages to Buyer arising from shipping information
and/or payment information entered by Buyer or wrong remittance by Buyer in
connection with the payment for the items purchased. We reserve the right to
check whether Buyer 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.
9.4
At the moment, Pinoy Electronic Store Online (PESO) is only able to make
payment to Users via bank transfer. Hence, Users are required to provide Pinoy
Electronic Store Online (PESO) with his/her banking details in order to receive
payments i.e. from the sale of item or refund from Pinoy Electronic Store
Online (PESO).
10. PINOY
ELECTRONIC STORE ONLINE (PESO) WALLET
10.1
Pinoy Electronic Store Online (PESO) Wallet is a service provided by Pinoy
Electronic Store Online (PESO) or its authorized agent to facilitate the
storage of money you receive from your sales proceeds and refunds for purchases
made via bank transfer, cash payment or your Pinoy Electronic Store Online (PESO)
Wallet. The sum of this money, minus any withdrawals, will be reflected as your
Pinoy Electronic Store Online (PESO) Wallet balance.
10.2
You may transfer funds from your Pinoy Electronic Store Online (PESO) Wallet
(up to the amount of your Pinoy Electronic Store Online (PESO) Wallet balance)
to your linked bank account (“Linked Account”) by submitting a transfer request
(“Withdrawal Request”) a maximum of once per day. Pinoy Electronic Store Online
(PESO) may also automatically transfer funds from your Pinoy Electronic Store
Online (PESO) Wallet to your Linked Account on a regular basis, as determined
by Pinoy Electronic Store Online (PESO). Pinoy Electronic Store Online (PESO)
shall only process such transfers on business days and such transfers may take
up to two business days to be credited to your Linked Account.
10.3
Each User is entitled to a maximum number of one (1) free Withdrawal Request
per week. Pinoy Electronic Store Online (PESO) may impose a fee of ₱15
(₱500 for BPI Family Savings) for each additional Withdrawal Request made
in excess of such maximum number in a given week (“Withdrawal Fee”). The
maximum number of free Withdrawal Requests each User is entitled to and the
amount of Withdrawal Fees charged are subject to change at Pinoy Electronic
Store Online (PESO)’s discretion.
10.4
Money from your sale of items on Pinoy Electronic Store Online (PESO) shall be
credited to your Pinoy Electronic Store Online (PESO) Wallet within three (3)
days after the item is delivered to Buyer or immediately after Buyer has
acknowledged that they have received the item. Money from refunds of items on Pinoy
Electronic Store Online (PESO) shall be credited to your Pinoy Electronic Store
Online (PESO) Wallet within one (1) day of the return or refund request being
approved.
10.5
Once submitted, you may not modify or cancel a Withdrawal Request.
10.6
If there is an error in the processing of any transaction, you authorize us to
initiate debit or credit entries to your designated bank account, to correct
such error, provided that any such correction is made in accordance with
applicable laws and regulations. If we are unable to debit your designated bank
account for any reason, you authorize us to resubmit the debit, plus any
applicable fees, to any other bank account or payment instrument that you have
on file with us or to deduct the debit and applicable fees from your Pinoy
Electronic Store Online (PESO) Wallet balance in the future.
10.7
You authorize us to initiate debit or credit entries to your Pinoy Electronic
Store Online (PESO) Wallet:
(i)
to correct any errors in the processing of any transaction;
(ii)
where Pinoy Electronic Store Online (PESO) has determined that you have engaged
in fraudulent or suspicious activity and/or transactions;
(iii)
in connection with any lost, damaged or incorrect items;
(iv)
in connection with any rewards or rebates;
(v)
in connection with any uncharged fees;
(vi)
in connection with the settlement of any transaction dispute, including any
compensation due to, or from, you;
(vii) in
connection with any banned items or items that are detained by customs; and
(viii) in connection
with any change of mind agreed to by both Buyer and Seller.
11. PINOY
ELECTRONIC STORE ONLINE (PESO) GUARANTEE
11.1
Pinoy Electronic Store Online (PESO) Guarantee is a service provided by Pinoy
Electronic Store Online (PESO) or its authorized agent to protect purchases. To
protect against the risk of liability, payment for purchases made to Seller
using the Services will be held by Pinoy Electronic Store Online (PESO) or its authorized
agent (“Pinoy Electronic Store Online (PESO) Guarantee Account”). Seller will
not receive interest or other earnings from the sum you have paid into Pinoy
Electronic Store Online (PESO) Guarantee Account.
11.2
After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”),
Buyer’s Purchase Monies will be held in Pinoy Electronic Store Online (PESO)
Guarantee Account until:
(a)
Buyer sends confirmation to Pinoy Electronic Store Online (PESO) that
Buyer has received his/her goods, in which case, unless 11.2(d) applies, Pinoy
Electronic Store Online (PESO) will release Buyer’s Purchase Monies (less the
Transaction Fee (defined below), and (if applicable) the Cross Border Fee
(defined below)) in Pinoy Electronic Store Online (PESO) Guarantee Account to
Seller;
(b)
Pinoy Electronic Store Online (PESO) Guarantee Period (or any approved
extension under 11.3) expires, in which case, unless 11.2(c) or 11.2(d)
applies, Pinoy Electronic Store Online (PESO) will release Buyer’s Purchase
Monies (less the Transaction Fee (defined below), and (if applicable) the
Cross Border Fee (defined below)) in Pinoy Electronic Store Online (PESO)
Guarantee Account to Seller;
(c)
Pinoy Electronic Store Online (PESO) determines that Buyer’s application
for a return of goods and/or refund is successful, in which case, unless
11.2(d) applies, Pinoy Electronic Store Online (PESO) will provide a refund to
Buyer, subject to and in accordance with the Refunds and Return Policy;
(d) such
other time as Pinoy Electronic Store Online (PESO) reasonably determines that a
distribution of Buyer’s Purchase Monies (less the Transaction Fee (defined
below), and (if applicable) the Cross Border Fee (defined below)) is
appropriate, including, without limitation, where it deems reasonably necessary
to comply with applicable law or a court order or to enforce these Terms of
Service.
Pinoy Electronic Store
Online (PESO) Guarantee is only offered to Buyers who have made payment through
the channels provided by Pinoy Electronic Store Online (PESO) into Pinoy
Electronic Store Online (PESO) Guarantee Account. Offline arrangements between
Buyer and Seller will not be covered under Pinoy Electronic Store Online (PESO)
Guarantee.
11.3
Payments made through Pinoy Electronic Store Online (PESO) channels will be
held in the Pinoy Electronic Store Online (PESO) Guarantee Account for a
specified period of time (the “Pinoy Electronic Store Online (PESO) Guarantee
Period”). To find out more about the Pinoy Electronic Store Online (PESO)
Guarantee Period, please click this link. Buyer may
apply for a one-time extension of Pinoy Electronic Store Online (PESO)
Guarantee Period prior to the expiry of the applicable Pinoy Electronic Store
Online (PESO) Guarantee Period, subject to and in accordance with the Refunds
and Return Policy. Upon Buyer’s application, Pinoy Electronic Store Online (PESO)
Guarantee Period may be extended for a maximum period of three (3) days unless Pinoy
Electronic Store Online (PESO) in its sole discretion determines that a longer
extension is appropriate or required.
11.4
If, for any reason, the Seller's bank account cannot be credited and/or the
Seller cannot be contacted, Pinoy Electronic Store Online (PESO) will use
reasonable endeavors to contact the Seller using the contact details provided
by him/her. In the event that the Seller cannot be contacted and the Buyer’s
Purchase Monies remain unclaimed for more than six (6) months after they become
due to the Seller, Pinoy Electronic Store Online (PESO) will deal with such
unclaimed Buyer's Purchase Monies in accordance with any applicable laws.
11.5
Seller/Buyer must be the beneficial owner of the Account and conduct transaction
on the Site only on behalf of him or herself. Pinoy Electronic Store Online (PESO)
may require Seller or Buyer to provide his or her personal data such as recent
identity photograph, bank account details and/or any other such documentation
necessary, for verification purposes, including verification required by third
party payment processing and logistic service providers. Seller/Buyer hereby
grants Pinoy Electronic Store Online (PESO) his/her consent to use or provide
to third party his/her personal data to facilitate his/her use of the Site.
Further, Seller/Buyer authorizes Pinoy Electronic Store Online (PESO) to use
his/her personal data to make any inquires we consider necessary to validate
his/her identity with the appropriate entity such as his/her bank. For more
information in relation to how Pinoy Electronic Store Online (PESO) handles
your personal information, please visit our Privacy Policy page.
11.6
The Pinoy Electronic Store Online (PESO) Guarantee is in addition and without
limitation to Buyer’s and Seller’s obligations under applicable law, which may
go above and beyond what is provided for by the Pinoy Electronic Store Online (PESO)
Guarantee. The Pinoy Electronic Store Online (PESO) Guarantee is neither
intended nor designed to assist Buyer or Seller in complying with its own legal
obligations, for which each party will remain solely responsible, and Pinoy
Electronic Store Online (PESO) accepts no liability in connection with the
same. Without limitation, the Pinoy Electronic Store Online (PESO) Guarantee
does not constitute a product warranty.
11.7
Buyer and Seller acknowledge and agree that Pinoy Electronic Store Online (PESO)’s
decision (including any appeals) in respect of and relating to any issues
concerning the Pinoy Electronic Store Online (PESO) Guarantee is final.
11.8
For the avoidance of doubt, any transactions not conducted on the Site will not
qualify for the protection offered by Pinoy Electronic Store Online (PESO)
Guarantee.
12. Pinoy
Electronic Store Online (PESO) Coin Reward System
12.1
Users may earn loyalty points (“Pinoy Electronic Store Online (PESO) Coin”) by
buying merchandises on the Site using the Pinoy Electronic Store Online (PESO)
Guarantee system or through participation in other Pinoy Electronic Store
Online (PESO) activities as Pinoy Electronic Store Online (PESO) may from time
to time determines (“Eligible Activities”) based on the conversion rate
determined by Pinoy Electronic Store Online (PESO) in its sole discretion.
Generally, Pinoy Electronic Store Online (PESO) Coin will be credited to a
User’s Account upon the completion of a successful transaction or activity
approved by Pinoy Electronic Store Online (PESO). You are eligible to
participate in the Pinoy Electronic Store Online (PESO) Coin reward system if
you are a User and your Account does not expressly exclude you from
participation.
12.2
Transaction not completed on the Site using Pinoy Electronic Store Online (PESO)
Guarantee do not qualify for the Pinoy Electronic Store Online (PESO) Coin
reward system. Pinoy Electronic Store Online (PESO) may at its sole discretion
exclude categories of items from the Pinoy Electronic Store Online (PESO) Coin
reward system.
12.3
Pinoy Electronic Store Online (PESO) Coin has no monetary value, does not
constitute your property and cannot be purchased, sold, transferred or redeemed
for cash.
12.4
Subject to Pinoy Electronic Store Online (PESO) rules and regulation as
determined, varied or modified by Pinoy Electronic Store Online (PESO) from
time to time, subject to any cap imposed by Pinoy Electronic Store Online (PESO)
at its sole discretion, User may redeem Pinoy Electronic Store Online (PESO)
Coin by sending a request to Pinoy Electronic Store Online (PESO) and use Pinoy
Electronic Store Online (PESO) Coin to offset the purchase price of selected
items when making purchases on the Site as advised by Pinoy Electronic Store
Online (PESO) from time to time. All refunds will be subject to Pinoy
Electronic Store Online (PESO)’s Refunds and Return Policy under Section 14.4.
12.5
The Pinoy Electronic Store Online (PESO) Coin you redeem will be deducted from
your Pinoy Electronic Store Online (PESO) Coin balance. Each Pinoy Electronic
Store Online (PESO) Coin comes with an expiry date. Do check your account
details on the Site for Pinoy Electronic Store Online (PESO) Coin balances and
expiry date.
12.6
From time to time, we may tell you that bonus Pinoy Electronic Store Online (PESO)
Coin will be awarded for particular Eligible Activities. This may include but
is not limited to purchases you make at participating Sellers or pursuant to
specific promotional offers. We will notify you of the terms of such bonus
awards if any from time to time.
12.7
If you have a dispute in relation to the number of Pinoy Electronic Store
Online (PESO) Coin which you have been awarded in respect of an Eligible
Activity, such a dispute must be made within one (1) month from the date of the
Eligible Activity. We may require you to provide evidence to support your
claim.
12.8
Pinoy Electronic Store Online (PESO) gives no warranty and accepts no
responsibility as to the ultimate tax treatment of Pinoy Electronic Store
Online (PESO) Coin. You will need to check with your tax advisor whether
receiving Pinoy Electronic Store Online (PESO) Coin affects your tax situation.
12.9
Pinoy Electronic Store Online (PESO) reserves the right to (i)
discontinue the Pinoy Electronic Store Online (PESO) Coin Reward System at any time
at its sole discretion and (ii) cancel or suspend a User’s right to participate
in Pinoy Electronic Store Online (PESO) Coin Reward System, including the
ability to earn and redeem Pinoy Electronic Store Online (PESO) Coin at its
sole discretion.
13. DELIVERY
13.1
Pinoy Electronic Store Online (PESO) will inform Seller when Pinoy Electronic
Store Online (PESO) receives Buyer’s Purchase Monies. Unless otherwise agreed
with Pinoy Electronic Store Online (PESO), Seller should then make the necessary
arrangements to have the purchased item delivered to Buyer and provide details
such as the name of the delivery company, the tracking number, etc. to Buyer
through the Site.
13.2
Seller must use his/her best effort to ensure that Buyer receives the purchased
items within, whichever applicable, the Pinoy Electronic Store Online (PESO)
Guarantee Period or the time period specified (for offline payment) by Seller
on Seller’s listing.
13.3
Users understand that Seller bears all risk attached to the delivery of the
purchased item(s) and warrants that he/she has or will obtain adequate
insurance coverage for the delivery of the purchased item(s). In the event
where the purchased item(s) is damaged, lost or failure of delivery during the
course of delivery, Users acknowledge and agree that Pinoy Electronic Store
Online (PESO) will not be liable for any damage, expense, cost or fees resulted
therefrom and Seller and/or Buyer will reach out to the logistic service
provider to resolve such dispute.
13.4
For Cross-Border Transaction. Users understand and acknowledge
that, where a product listing states that the product will ship from overseas,
such product is being sold from a Seller based outside of the Philippines, and
the importation and exportation of such product is subject to local laws and
regulations. Users should familiarize themselves with all import and export
restrictions that apply to the designating country. Users acknowledge that Pinoy
Electronic Store Online (PESO) cannot provide any legal advice in this regard
and agrees that Pinoy Electronic Store Online (PESO) shall not bear any risks
or liabilities associated with the import and export of such products to the
Philippines.
14. CANCELLATION,
RETURN AND REFUND
14.1
Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase
Monies into Pinoy Electronic Store Online (PESO) Guarantee Account.
14.2
Buyer may apply for the return of the purchased item and refund prior to the
expiry of Pinoy Electronic Store Online (PESO) Guarantee Period, if applicable,
subject to and in accordance with Pinoy Electronic Store Online (PESO)’s
Refunds and Return Policy. Please refer to Pinoy Electronic Store Online (PESO)’s Refunds and Return
Policy for further information.
14.3
Pinoy Electronic Store Online (PESO) reserves the right to cancel any
transaction on the Site for valid/legal grounds, such as in certain cases where
Seller and Buyer cannot or do not fulfil their obligations under the contract
for sale between Seller and Buyer. Buyer agrees that Buyer’s sole remedy will
be to receive a refund of the Buyer’s Purchase Monies paid into Pinoy
Electronic Store Online (PESO) Guarantee Account.
14.4
If you have redeemed Pinoy Electronic Store Online (PESO) Coin for your
transaction and you are successful in obtaining a refund based on Pinoy
Electronic Store Online (PESO)’s Refunds and Return Policy, Pinoy Electronic
Store Online (PESO) shall refund the monies you have actually paid for the item
and credit back any redeemed Pinoy Electronic Store Online (PESO) Coin to your
Account separately.
14.5
Pinoy Electronic Store Online (PESO) does not monitor the cancellation, return
and refund process for offline payment.
15. SELLER’S
RESPONSIBILITIES
15.1
Seller shall properly manage and ensure that relevant information such as the
price and the details of items, inventory amount and terms and conditions for
sales is updated on Seller’s listing and shall not post inaccurate or
misleading information.
15.2
The price of items for sale will be determined by the Seller at his/her own
discretion. The price of an item and shipping charges shall include the entire
amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc.
and Seller shall not charge Buyer such amount additionally and separately.
15.3
Seller agrees that Pinoy Electronic Store Online (PESO) may at its discretion
engage in promotional activities to induce transactions between Buyer and
Seller by reducing, discounting or refunding fees, or in other ways. The final
price that Buyer will pay actually will be the price that such adjustment is
applied to.
15.4
For the purpose of promoting the sales of the items listed by Seller, Pinoy
Electronic Store Online (PESO) may post such items (at adjusted price) on
third-party websites (such as portal sites and price comparison sites) and
other websites (domestic or foreign) operated by Pinoy Electronic Store Online
(PESO).
15.5
Seller shall issue receipts, credit card slips or tax invoices to Buyer on
request.
15.6
Seller acknowledges and agrees that Seller will be responsible for paying all
taxes, customs and duties for the item sold and Pinoy Electronic Store Online (PESO)
cannot provide any legal or tax advice in this regard. As tax laws and
regulations may change from time to time, Sellers are advised to seek
professional advice if in
doubt.
15.7
Seller acknowledge and agrees that Seller’s violation of any of Pinoy
Electronic Store Online (PESO)’s polices will result in a range of actions as
stated in Section 7.1.
16. Paid
Advertising
16.1 Pinoy
Electronic Store Online (PESO) will be launching keyword advertising and/or
other advertising services (hereinafter referred to as "Paid
Advertising") on its Paid Advertising Site on an ongoing
basis. Sellers may purchase the Paid Advertising services. Pinoy Electronic
Store Online (PESO) provides the Paid Advertising services in accordance with
these Terms of Service and any explanatory materials published on this Site,
the Paid Advertising Site or otherwise communicated to Sellers in writing
(hereinafter referred to as the "Paid Advertising Rules"). Sellers
who purchase Paid Advertising services agree to be bound by the Paid
Advertising Rules. If you are not agreeable to being bound by the Paid
Advertising Rules, do not buy any Paid Advertising Services.
16.2 In
order to purchase Paid Advertising services, you must be an eligible Seller
under the Paid Advertising Rules. At the time when you purchase and pay for the
Paid Advertising Services, your Account must not be suspended.
16.3 You
may purchase Paid Advertising services by purchasing advertising credits on the
Paid Advertising Site (“Advertising Credits”), and fees payable for the Paid
Advertising services will be deducted from the Advertising Credits on a
pay-per-click basis, as determined by Pinoy Electronic Store Online (PESO). All
Advertising Credits will be subject to value-added services tax. Except as
otherwise provided in the applicable Paid Advertising Rules, you may not cancel
the order and/or request for a refund after you have purchased Advertising
Credits and completed the payment process.
16.4 You
have the option to purchase the keyword advertising service at the time you
list an item for sale or subsequently. When you purchase the keyword
advertising service, you can set different budgets, keywords, marketing
periods, etc. for each item in accordance with the Paid Advertising Rules. The
keyword advertising service for each item will be activated and will expire on
the respective dates set by you (the “Keyword Advertising Period”). You will
not be entitled to transfer the remaining Keyword Advertising Period or
Advertising Credits to other items if an item is sold or unlisted during the
Keyword Advertising Period you set for that item. The Advertising Credits will
also not be refunded.
16.5 The
goods you list on the Site must comply with all relevant laws and regulations,
the Paid Advertising Rules, these Terms of Service and the Prohibited and
Restricted Items Policy. You understand and agree that Pinoy Electronic Store
Online (PESO) has the right to immediately remove any listing which violates
any of the foregoing and any Paid Advertising fees that you have paid or
Advertising Credits you have used in relation to any listing removed pursuant
to this Section 16.5 will not be refunded. Pinoy Electronic Store Online (PESO)
will also not be liable to compensate you for any loss whatsoever in relation
to listings removed pursuant to this Section 16.5.
16.6 You
understand and agree that Pinoy Electronic Store Online (PESO) does not warrant
or guarantee any increase in viewership or sales of your items as a result of
the Paid Advertising services.
16.7 You
are advised to only purchase Paid Advertising services after fully considering
your budget and intended advertising objectives. Except as otherwise provided
in these Terms of Service or the Paid Advertising Rules, Pinoy Electronic Store
Online (PESO) shall not be liable for any compensation or be subject to any
liability (including but not limited to actual expenses and lost profits) for
the results or intended results of any Paid Advertising service.
16.8 IF,
NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, PINOY ELECTRONIC STORE
ONLINE (PESO) IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE
(INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE,
THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU
OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID
ADVERTISING SERVICE IN QUESTION ONLY.
17. PURCHASE
AND SALE OF ALCOHOL AND TOBACCO OR TOBACCO-RELATED PRODUCTS
17.1
The purchase and sale of alcoholic products (“Alcohol”) and tobacco or
tobacco-related products, including without limitation electric cigarettes
(“Tobacco Products”) on the Site is permitted by Pinoy Electronic Store Online
(PESO) subject to the terms and conditions of this Section 17. If you are
a buyer of Alcohol (“Alcohol Buyer”) or Tobacco Products (“Tobacco Products
Buyer”), you will be deemed to have consented to the terms and conditions in
this Section 17 when you purchase Alcohol or Tobacco Products on the Site.
Similarly, if you are an approved seller of Alcohol (“Alcohol Seller”) or
Tobacco Products (“Tobacco Products Seller”), you will be deemed to have
consented to the terms and conditions in this Section 17 when you sell Alcohol
or Tobacco Products on the Site.
17.2
If you are an Alcohol Buyer or Tobacco Products Buyer:
(i)
you represent and warrant that you and (if applicable) the person receiving the
Alcohol or Tobacco Products (“Recipient”) are aged 18 or above; and
(ii)
if requested by an Alcohol Seller, Tobacco Products Seller or Pinoy Electronic
Store Online (PESO) (or its agents), you and/or the Recipient shall provide
photo identification for age verification purposes.
17.3
If you are an Alcohol Seller or Tobacco Products Seller, you represent and
warrant that:
(i)
you hold all necessary licenses and/or permits to sell Alcohol or Tobacco
Products through the Site; and
(ii)
all information and documents provided to Pinoy Electronic Store Online (PESO)
are true and accurate.
17.4
When delivering Alcohol to an Alcohol Buyer:
(i)
the delivery agent reserves the right to request for valid photo identification
for age verification purposes; and
(ii)
Pinoy Electronic Store Online (PESO) (via the delivery agent) reserves the
right to refuse the delivery of Alcohol if the Alcohol Buyer and/or the
Recipient appears intoxicated or is unable to provide valid photo
identification for age verification purposes.
17.5
When delivering Tobacco Products to Tobacco Products Buyer:
(i)
the delivery agent reserves the right to request for valid photo identification
for age verification purposes; and
(ii)
Pinoy Electronic Store Online (PESO) (via the delivery agent) reserves the
right to refuse the delivery of Tobacco Products if the Tobacco Products Buyer
and/or the Recipient is unable to provide valid photo identification for age
verification purposes.
17.6
Each Alcohol Buyer and Alcohol Seller, and each Tobacco Products Buyer and
Tobacco Products Seller, severally agrees to indemnify, defend and hold
harmless Pinoy Electronic Store Online (PESO), and its shareholders,
subsidiaries, affiliates, directors, officers, agents, co-branders or other
partners, and employees (collectively, the "Indemnified Parties")
from and against any and all claims, actions, proceedings, and suits and all
related liabilities, damages, settlements, penalties, fines, costs and expenses
(including, without limitation, any other dispute resolution expenses) incurred
by any Indemnified Party arising out of or relating to: (a) any inaccuracy or
breach of its representations in Section 17.2 and/or Section 17.3 (as
applicable); and (b) its breach of any law or any rights of a third party.
18.
TRANSACTION FEES
18.1 Effective
May 1, 2019, Pinoy Electronic Store Online (PESO) will charge a fee for all
successful transactions completed via bank transfer, credit card or Pinoy
Electronic Store Online (PESO) Wallet on the Site (“Transaction Fee”). The
Transaction Fee is borne by the Seller, and is calculated as one point five
percent (1.5%) of the Buyer’s Purchase Monies, rounded to the nearest PESO. The
Transaction Fee is inclusive of value-added tax. Pinoy Electronic Store Online
(PESO) shall issue receipts or tax invoices for the Transaction Fee upon
request.
18.2 For
Sellers located outside of the Philippines, Pinoy Electronic Store Online (PESO)
charges a fee for all successful transactions completed via bank transfer,
credit card or Pinoy Electronic Store Online (PESO) Wallet on the Site (“Cross
Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated
according to the rates as notified to such Sellers from time to time on the
Site.
18.3 Following
the successful completion of a transaction, Pinoy Electronic Store Online (PESO)
shall deduct the Transaction Fee and the Cross Border Fee (as applicable) from
the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance
with Section 11.2. Pinoy Electronic Store Online (PESO) shall issue receipts or
tax invoices for the Transaction Fee paid by Seller on request.
19. DISPUTES
19.1
In the event a problem arises in a transaction, the Buyer and Seller agree to
communicate with each other first to attempt to resolve such dispute by mutual
discussions, which Pinoy Electronic Store Online (PESO) shall use reasonable
commercial efforts to facilitate. If the matter cannot be resolved by mutual
discussions, Users may approach the claims tribunal of their local jurisdiction
to resolve any dispute arising from a transaction.
19.2
Each Buyer and Seller covenants and agrees that it will not bring suit or
otherwise assert any claim against Pinoy Electronic Store Online (PESO) or its
Affiliates (except where Pinoy Electronic Store Online (PESO) or its Affiliates
is the Seller of the product that the claim relates to) in relation to any
transaction made on the Site or any dispute related to such transaction.
19.3
Users covered under Pinoy Electronic Store Online (PESO) Guarantee may send
written request to Pinoy Electronic Store Online (PESO) to assist them in
resolving issues which may arise from a transaction upon request. Pinoy
Electronic Store Online (PESO) may, at its sole discretion and with absolutely
no liability to Seller and Buyer, take all necessary steps to assist Users
resolving their dispute. For more information, please refer to Pinoy Electronic
Store Online (PESO)’s Refunds and Return Policy.
19.4
To be clear, the services provided under this Section 19 are only available to
Buyers covered under Pinoy Electronic Store Online (PESO) Guarantee. Buyer
using other payment means for his/her purchase should contact Seller directly.
20. FEEDBACK
20.1
Pinoy Electronic Store Online (PESO) welcomes information and feedback from our
Users which will enable Pinoy Electronic Store Online (PESO) to improve the
quality of service provided. Please refer to our feedback procedure below for
further information:
(i)
Feedback may be made in writing through email to or using the feedback form
found on the App.
(ii)
Anonymous feedback will not be accepted.
(iii)
Users affected by the feedback should be fully informed of all facts and given
the opportunity to put forward their case.
(iv)
Vague and defamatory feedback will not be entertained.
21. DISCLAIMERS
21.1
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS
OR REPRESENTATIONS MADE BY PINOY ELECTRONIC STORE ONLINE (PESO) OF ANY KIND
EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, PINOY ELECTRONIC STORE ONLINE (PESO) DOES NOT WARRANT THAT THE
SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE,
THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER
THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS,
WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS,
TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
21.2
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF
THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW.
21.3
PINOY ELECTRONIC STORE ONLINE (PESO) HAS NO CONTROL OVER AND, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY
RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR
LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO
SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE
INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN
THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
RELEASE PINOY ELECTRONIC STORE ONLINE (PESO) AND ITS AFFILIATES FROM ANY AND
ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH
DISPUTE.
22. EXCLUSIONS
AND LIMITATIONS OF LIABILITY
22.1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINOY
ELECTRONIC STORE ONLINE (PESO) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE
OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i)
(A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA;
(E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH
CASE WHETHER DIRECT OR INDIRECT; OR
(ii)
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES,
INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF PINOY
ELECTRONIC STORE ONLINE (PESO) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
22.2 YOU ACKNOWLEDGE
AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION
WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR
DISCONTINUE ANY USE OF THE SERVICES.
22.3 IF,
NOTWITHSTANDING THE PREVIOUS SECTIONS, PINOY ELECTRONIC STORE ONLINE (PESO) IS
FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS
NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS
LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY
AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE PINOY ELECTRONIC STORE ONLINE (PESO)
GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE DOLLARS).
22.4 NOTHING IN THESE
TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL
INJURY CAUSED BY PINOY ELECTRONIC STORE ONLINE (PESO)’S NEGLIGENCE, FOR FRAUD
OR FOR ANY OTHER LIABILITY ON THE PART OF PINOY ELECTRONIC STORE ONLINE (PESO)
THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
23. LINKS
TO THIRD PARTY SITES
Third
party links provided throughout the Site will let you leave this Site. These
links are provided as a courtesy only, and the sites they link to are not under
the control of Pinoy Electronic Store Online (PESO) in any manner whatsoever
and you therefore access them at your own risk. Pinoy Electronic Store Online (PESO)
is in no manner responsible for the contents of any such linked site or any
link contained within a linked site, including any changes or updates to such
sites. Pinoy Electronic Store Online (PESO) is providing these links merely as
a convenience, and the inclusion of any link does not in any way imply or
express affiliation, endorsement or sponsorship by Pinoy Electronic Store
Online (PESO) of any linked site and/or any of its content therein.
24. YOUR
CONTRIBUTIONS TO THE SERVICES
24.1 By submitting
Content for inclusion on the Services, you represent and warrant that you have
all necessary rights and/or permissions to grant the licenses below to Pinoy
Electronic Store Online (PESO). You further acknowledge and agree that you are
solely responsible for anything you post or otherwise make available on or
through the Services, including, without limitation, the accuracy, reliability,
nature, rights clearance, compliance with law and legal restrictions associated
with any Content contribution. You hereby grant Pinoy Electronic Store Online (PESO)
and its successors a perpetual, irrevocable, worldwide, non-exclusive,
royalty-free, sub-licensable and transferable license to use, copy, distribute,
republish, transmit, modify, adapt, create derivative works of, publicly
display, and publicly perform such Content contribution on, through or in
connection with the Services in any media formats and through any media
channels, including, without limitation, for promoting and redistributing part
of the Services (and its derivative works) without need of attribution and you
agree to waive any moral rights (and any similar rights in any part of the
world) in that respect. You understand that your contribution may be
transmitted over various networks and changed to conform and adapt to technical
requirements.
24.2 Any material,
information or idea you post on or through the Services, or otherwise transmit
to Pinoy Electronic Store Online (PESO) by any means (each, a
"Submission"), is not considered confidential by Pinoy Electronic
Store Online (PESO) and may be disseminated or used by Pinoy Electronic Store
Online (PESO) without compensation or liability to you for any purpose
whatsoever, including, but not limited to, developing, manufacturing and
marketing products. By making a Submission to Pinoy Electronic Store Online (PESO),
you acknowledge and agree that Pinoy Electronic Store Online (PESO) and/or
other third parties may independently develop software, applications,
interfaces, products and modifications and enhancements of the same which are
identical or similar in function, code or other characteristics to the ideas
set out in your Submission. Accordingly, you hereby grant Pinoy Electronic
Store Online (PESO) and its successors a perpetual, irrevocable, worldwide,
non-exclusive, royalty-free, sub-licensable and transferable license to develop
the items identified above, and to use, copy, distribute, republish, transmit,
modify, adapt, create derivative works of, publicly display, and publicly
perform any Submission on, through or in connection with the Services in any
media formats and through any media channels, including, without limitation,
for promoting and redistributing part of the Services (and its derivative
works). This provision does not apply to personal information that is subject
to our privacy policy except to the extent that you make such personal
information publicly available on or through the Services.
25. THIRD
PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
25.1 Each contributor
to the Services of data, text, images, sounds, video, software and other
Content is solely responsible for the accuracy, reliability, nature, rights
clearance, compliance with law and legal restrictions associated with their
Content contribution. As such, Pinoy Electronic Store Online (PESO) is not
responsible to, and shall not, regularly monitor or check for the accuracy,
reliability, nature, rights clearance, compliance with law and legal
restrictions associated with any contribution of Content. You will not hold Pinoy
Electronic Store Online (PESO) responsible for any User's actions or inactions,
including, without limitation, things they post or otherwise make available via
the Services.
25.2 In addition, the
Services may contain links to third party products, websites, services and
offers. These third party links, products, websites and services are not owned
or controlled by Pinoy Electronic Store Online (PESO). Rather, they are
operated by, and are the property of, the respective third parties, and may be
protected by applicable copyright or other intellectual property laws and
treaties. Pinoy Electronic Store Online (PESO) has not reviewed, and assumes no
responsibility for the content, functionality, security, services, privacy
policies, or other practices of these third parties. You are encouraged to read
the terms and other policies published by such third parties on their websites
or otherwise. By using the Services, you agree that Pinoy Electronic Store
Online (PESO) shall not be liable in any manner due to your use of, or
inability to use, any website or widget. You further acknowledge and agree that
Pinoy Electronic Store Online (PESO) may disable your use of, or remove, any
third party links, or applications on the Services to the extent they violate
these Terms of Service.
26. YOUR
REPRESENTATIONS AND WARRANTIES
You
represent and warrant that:
(a)
you possess the legal capacity (and in the case of a minor, valid parent or
legal guardian consent), right and ability to enter into these Terms of Service
and to comply with its terms; and
(b)
you will use the Services for lawful purposes only and in accordance with these
Terms of Service and all applicable laws, rules, codes, directives, guidelines,
policies and regulations.
27. INDEMNITY
You
agree to indemnify, defend and hold harmless Pinoy Electronic Store Online (PESO),
and its shareholders, subsidiaries, affiliates, directors, officers, agents,
co-branders or other partners, and employees (collectively, the
"Indemnified Parties") from and against any and all claims, actions,
proceedings, and suits and all related liabilities, damages, settlements,
penalties, fines, costs and expenses (including, without limitation, any other
dispute resolution expenses) incurred by any Indemnified Party arising out of
or relating to: (a) any transaction made on the Site, or any dispute in
relation to such transaction (except where Pinoy Electronic Store Online (PESO)
or its Affiliates is the Seller in the transaction that the dispute relates
to), (b) the Pinoy Electronic Store Online (PESO) Guarantee, (c) the hosting,
operation, management and/or administration of the Services by or on behalf of Pinoy
Electronic Store Online (PESO), (d) your violation or breach of any term of
these Terms of Service or any policy or guidelines referenced herein, (e) your
use or misuse of the Services, or (f) your breach of any law or any rights of a
third party.
28. SEVERABILITY
If
any provision of these Terms of Service shall be deemed unlawful, void, or for
any reason unenforceable under the law of any jurisdiction, then that provision
shall be deemed severable from these terms and conditions and shall not affect
the validity and enforceability of any remaining provisions in such
jurisdiction nor the validity and enforceability of the provision in question
under the law of any other jurisdiction.
29. GOVERNING
LAW
These
Terms of Service shall be governed by and construed in accordance with the laws
of the Republic of Singapore without regard to its conflict of law rules. The
United Nations Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transaction Act, to the extent applicable, are
expressly disclaimed. Unless otherwise required by applicable laws, any
dispute, controversy, claim or difference of any kind whatsoever shall arising
out of or relating to these Terms of Service against or relating to Pinoy
Electronic Store Online (PESO) or any Indemnified Party under these Terms of
Service shall be referred to and finally resolved by arbitration in Singapore
in accordance with the Arbitration Rules of the Singapore International
Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are
deemed to be incorporated by reference in this Section. There will be one (1)
arbitrator and the language of the arbitration shall be English.
30. GENERAL
PROVISIONS
30.1 Pinoy Electronic
Store Online (PESO) reserves all rights not expressly granted herein.
30.2 Pinoy Electronic
Store Online (PESO) may modify these Terms of Service at any time by posting
the revised Terms of Service on this Site. Your continued use of this Site
after such changes have been posted shall constitute your acceptance of such
revised Terms of Service.
30.3 You may not
assign, sublicense or transfer any rights granted to you hereunder or
subcontract any of your obligations.
30.4 Nothing in these
Terms of Service shall constitute a partnership, joint venture or
principal-agent relationship between you and Pinoy Electronic Store Online (PESO),
nor does it authorize you to incur any costs or liabilities on Pinoy Electronic
Store Online (PESO)’s behalf.
30.5 The failure of Pinoy
Electronic Store Online (PESO) at any time or times to require performance of
any provision hereof shall in no manner affect its right at a later time to
enforce the same unless the same is waived in writing.
30.6 These Terms of
Service are solely for your and our benefit and are not for the benefit of any
other person or entity, except for Pinoy Electronic Store Online (PESO)'s
affiliates and subsidiaries (and each of Pinoy Electronic Store Online (PESO)'s
and its affiliates' and subsidiaries' respective successors and assigns).
30.7 The terms set
forth in these Terms of Service and any agreements and policies included or
referred to in these Terms of Service constitute the entire agreement and
understanding of the parties with respect to the Services and the Site and
supersede any previous agreement or understanding between the parties in
relation to such subject matter. The parties also hereby exclude all implied
terms in fact. In entering into the agreement formed by these Terms of Service,
the parties have not relied on any statement, representation, warranty,
understanding, undertaking, promise or assurance of any person other than as
expressly set out in these Terms of Service. Each party irrevocably and
unconditionally waives all claims, rights and remedies which but for this
Section it might otherwise have had in relation to any of the foregoing. These
Terms of Service may not be contradicted, explained or supplemented by evidence
of any prior agreement, any contemporaneous oral agreement or any consistent
additional terms.
30.8 If you have any
questions or concerns about these Terms of Service or any issues raised in
these Terms of Service or on the Site, please contacts us at: support@pinoyelectronicstore.com
LEGAL NOTICES: Please send all legal notices to legal@pinoyelectronicstore.com and Attention it to the “General
Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING
THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON BELOW, I UNDERSTAND THAT I AM
CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT
AS IF I HAD SIGNED MY NAME MANUALLY.
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