PhilRegalo Site User Agreement
Acceptance of Terms
PhilRegalo.com, a division of Carmel Trading USA, provides access to the PhilRegalo.com web site, located at http://www.philregalo.com subject to your acceptance of this PhilRegalo Web Site User Agreement Terms and Conditions. PhilRegalo.com may update this Agreement from time to time without prior notice. We encourage you to review this Agreement periodically for any updates or changes.
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein in Section 2) and agree to be bound by the terms of this Agreement. This Agreement was last revised on January 4, 2010. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, returns and refunds, acceptable user policies, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact PhilRegalo.com by e-mail at email@example.com using the Site.
Types of Users
Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a User under this Agreement.
Use of the Site
You understand that PhilRegalo.com cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You may not use any device, software or routine to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited e-mail (i.e. “e;Spam”e;).
RISK; INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
PhilRegalo.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, UNLESS SPECIFICALLY STATED ON THE SITE FOR A PARTICULAR PRODUCT OR SERVICE AND PhilRegalo.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
PhilRegalo.com DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “e;AS IS”e; AND “e;AS AVAILABLE”e; BASIS.
PhilRegalo.com periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. PhilRegalo.com shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold PhilRegalo.com and its parent company, affiliates, subsidiaries officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use or purchase of services or goods provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in PhilRegalo.com’s defense of any claim. PhilRegalo.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PhilRegalo.com.
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “e;Content”e;) is the property of PhilRegalo.com and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of PhilRegalo.com. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by PhilRegalo.com.
Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of PhilRegalo.com or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any PhilRegalo.com copyright.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PhilRegalo.com OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE OR SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL PhilRegalo.com’s TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO PhilRegalo.com FOR THE USE OF THE SITE BY YOU, OR $50. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF PhilRegalo.com, OUR PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
Your Account Obligations
In consideration of your use of the Site you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the Site (the “e;Registration Information”e;); and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.
You are responsible for maintaining the confidentiality of your password and account number, and are fully responsible for all activities that occur under your account number and password. You agree that your password may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your passwords or account identification information to third parties. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. PhilRegalo.com shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised password.
The products offered by Philregalo.com are all brand new and before it is scheduled for delivery undergoes a thorough Quality Control process that involves two Quality control stations. In cases the products/items ordered are not available, PhilRegalo.com has the right to replace the products with similar items of equal or greater value at no extra cost of the clients (kind, color, type, model, size). This is being done to assure that the occasion that the gift items are intended to will not be affected. PhilRegalo will also try to notify senders but this is just an option and depends on the circumstances like (time, availability and connection). An example of which is when a client sends a flower or chocolates to a recipient in the Philippines on a desired special occasion (Christmas, Valentine’s, Mother’s Day, Birthday etc..) and the items are not available or at the time of delivery fails quality control, Philregalo.com will replace the item/s concerned with simlar items of the same or greater value.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, PhilRegalo.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. PhilRegalo.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PhilRegalo.com shall immediately issue a credit to your credit card account in the amount of the charge.
Items are shipped directly from our warehouse in Manila and would take 1 day to arrive in provincial addresses. Same day delivery depends on cut-off time when order is process by our Manila office and PhilRegalo.com in any way does not commit the exact time of delivery. Shipping charge applies for a single Philippine address and a single date of delivery, If client wants the gifts delivered to another address or at a different date, appropriate charges would be applied to senders account without the need of approval from the sender.
In cases that the sender does not place a desired delivery, the shipping department has the right to deliver the item ASAP.
No Endorsement of Content and Links to Other Web Sites
Any links to other sites are provided as merely a convenience to the Users of this Site. This Site may provide links or references to other sites but PhilRegalo.com has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. PhilRegalo.com does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
Linking and Framing the Site
Unless a User has a written agreement in effect with PhilRegalo.com that states otherwise, a User may only provide a hyperlink to the Site on another web site if the User complies with all of the following: (a) the link must be a text-only link clearly marked “e;PhilRegalo.com”e;; (b) the link must “e;point”e; to the URL “e;http://www.PhilRegalo.com”e; and not to other pages within the Site; (c) the link, when activated by a User, must display the Site full-screen and not within a “e;frame”e; on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the PhilRegalo.com name and trademarks or create the false appearance PhilRegalo.com is associated with, or a sponsor of, the linking web site. By providing this consent, PhilRegalo.com is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Site. PhilRegalo.com reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and access to the Site shall be governed by and construed in accordance with the law of the state of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of California and of the United States of America located in California for any litigation arising out of or relating to use of the Site or purchases of services made through the Site (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of California and agree not to plead or claim in any court in the state of California that such litigation brought therein has been brought in an inconvenient forum.
PhilRegalo.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, notwithstanding sections 16 and 17 above.
Should any User respond to PhilRegalo.com with information including feedback, such as questions, requests, opinions, comments, suggestions, or the like regarding the content of any PhilRegalo.com document, the Site, or PhilRegalo.com services, such information shall be deemed to be non confidential and PhilRegalo.com shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. PhilRegalo.com shall be free to use any ideas, concepts, know how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
Acceptable and Lawful Use of the Site
Any information provided to PhilRegalo.com in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for PhilRegalo.com or cause us to lose the services of our Internet service providers or other suppliers.
The sender of any communications to this Site or otherwise to PhilRegalo.com shall be responsible for the content and information contained therein, including its truthfulness and accuracy. This Site is provided as a service to its visitors. PhilRegalo.com reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
Any delay or failure by you or PhilRegalo.com, at any time or times, to require performance of any provision hereof shall in no manner affect your or PhilRegalo.com’s right at a later time to enforce such provision. No delay or failure of you or PhilRegalo.com in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between PhilRegalo.com and you pertaining to the subject matter hereof.
In its sole discretion, PhilRegalo.com may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at firstname.lastname@example.org.
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of PhilRegalo.com, except pursuant to the sale of your business, or all or substantially all of its assets. PhilRegalo.com may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
TERMS OF ACCEPTANCE
Upon Delivery recipient agrees that the good/s is/are in good condition. That in case of Chargeback/Refund by the Buyer recipient agrees to return the delivered goods in its original state and packaging to PhilRegalo Enterprises in the Philippines or in the event that this cannot be done, recipient will pay for the said merchandize in full amount. Recipient will pay in cash unless otherwise specified on the delivery receipt. A penalty of 10% per month will apply on unpaid/unreturned merchandize and overdue accounts. And in case of LEGAL ACTION, recipient agrees to pay an additional 25% for lawyer’s fee. All collections will be made through an attorney. Recipient submits themselves to the jurisdiction of the court of Antipolo or Metro Manila in any legal action arising out of this transaction. Returns and Refunds do not include perishable items, software, furnitures and gift certificates. A 25% restocking fee will apply for all returned items.
PhilRegalo.com may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by contacting us at email@example.com.
For any questions regarding our website policies, terms and conditions please contact us:
- By mail: PhilRegalo.com — 29280 Wrangler Drive Murrieta, California 92563
- By email:firstname.lastname@example.org
- By telephone: 909-907-9889