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| EXPRESSREGALO.COM
Terms And Conditions Of Use |
| INTRODUCTION
Welcome to the web site ("Site") for EXPRESSREGALO.COM ® ("EXPRESSREGALO.COM
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ACCESS TO THE SITE
By accessing, browsing and/or using the
site, you acknowledge that you have read, understood and agreed
to be bound by these terms and conditions of use ("terms and conditions
of use") including the privacy policy ("privacy policy") (collectively
the "terms") and to comply with all applicable laws and regulations.
In addition, you hereby represent and certify that you are at least
eighteen (18) years of age. If you do not or cannot agree to the
terms, you are not authorized to use the site or any of the services
offered through the site. EXPRESSREGALO.COM reserves the right,
in its sole discretion, to update, revise, supplement and to otherwise
modify these terms, and to impose new or additional terms and conditions
on your use of the site from time to time.
Such updates, revisions, supplements, modifications and additional
rules, policies, terms and conditions (collectively referred to
in these terms as "additional terms") shall be effective immediately
and incorporated into these terms upon notice thereof, which may
be given by any reasonable means including by posting to the site.
Your continued viewing or use of the site following such notice
shall be deemed to conclusively indicate your acceptance of any
and all such additional terms.
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| ACCOUNT MAINTENANCE
If you use this site, you are responsible for
maintaining the confidentiality of your account and/or password
and for restricting access to your computer, and you agree to accept
responsibility for all activities and all the content you post and/or
submit that is under your account and/or password.
You represent and warrant that any information and/or material you
post or provide to EXPRESSREGALO.COM by means of the Site, including,
without limitation, as part of any registration or subscription
or to gain access to or use any services offered on the Site, is
truthful, accurate, not misleading, not confidential property of
others, not in violation of any other third party's rights and offered
in good faith.
You agree NOT to use the Site for or in connection with any of the
following activities: (i) transmitting or relaying spam, spoofing
or otherwise impersonating any person or entity, or falsely stating
or otherwise misrepresenting your identity or affiliation in any
way; (ii) using the Site for any fraudulent or illegal purpose;
(iii) e-mailing, uploading, or otherwise transmitting or using the
Site in furtherance of the use, distribution or transmission of
any unlawful, harassing, defamatory, tortious, libelous, sexually
explicit, obscene, hateful, racially, ethnically or otherwise objectionable
material of any kind; and (iv) transmitting material that contains
viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage, destroy,
disrupt or otherwise impair a computer's functionality or the operation
of the Site. |
| INFORMATION DISCLOSED VIA THE SITE
EXPRESSREGALO.COM attempts to be as accurate
as possible when posting information on the Site. However, EXPRESSREGALO.COM
does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. Furthermore,
it is your responsibility to evaluate the accuracy, completeness
and usefulness of any opinions, advice, services or other information
provided. The information on this web site may be changed or updated
without notice. EXPRESSREGALO.COM may also make improvements and/or
changes in the products, services and/or programs described on this
web site at any time without notice.
Information provided on this web site is believed to be reliable
when posted. However, EXPRESSREGALO.COM cannot guarantee that information
will be accurate, complete and current at all times. All information
in this web site is subject to modification from time to time without
notice.
EXPRESSREGALO.COM has used its discretion, best judgment and all
reasonable efforts in collecting and preparing the information,
documents (incl. copy, graphics, pictures, etc.) or other items
provided or available herein, but any such information, document
or other item is provided or available without any warranty of any
kind, either expressed or implied, including, but not limited to,
the warranties of completeness, accuracy, fitness for a particular
purpose, or non-infringement of any intellectual property rights.
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- PRICING
With respect to Appliances & Electronics,
Lechon and Personal Shopper, EXPRESSREGALO.COM cannot confirm
the price of an item until you order; however, we do NOT charge
your credit card until after your order has entered the shipping
process. Despite our best efforts, a small number of the items
in our catalog may be mispriced. If we discover a mispricing,
we will do one of the following:
- If an item's correct price is lower than our stated
price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than
our stated price, we will, at our discretion, either contact you
for instructions before shipping or cancel your order and notify
you of such cancellation.
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WARRANTY DISCLAIMER
THE CONTENT, SERVICES, INFORMATION
AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. EXPRESSREGALO.COM
DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED
OR ERROR?FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO
THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. EXPRESSREGALO.COM
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY
INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED, EXPRESSREGALO.COM EXPRESSLY DISCLAIMS
ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION,
PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT
LINK TO OR FROM THE SITE. EXPRESSREGALO.COM DISCLAIMS ANY RESPONSIBILITY
FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE
OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS.
EXPRESSREGALO.COM CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED
ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES EXPRESSREGALO.COM
MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION
YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES. |
ELECTRONIC COMMUNICATIONS
When you visit EXPRESSREGALO.COM and/or send e-mails
to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that
such communications be in writing with your written signature. You
further agree that you shall not challenge the validity, enforceability
or admissibility of the electronic communications on the grounds that
it was electronically transmitted or authorized. In addition, you
acknowledge that you have had the opportunity to print all electronic
communications. |
COPYRIGHT All
site design, text, graphics, interfaces, and the selection and arrangements
thereof are (c) 2005, EXPRESSREGALO.COM. ALL RIGHTS RESERVED. Permission
is granted to electronically copy and to print hard copy portions
of this site for the sole purpose of placing an order with EXPRESSREGALO.COM
or using this site as a shopping resource. Any other use of materials
on this site, including reproduction for purposes other than those
noted above, modification, distribution, or republication, without
prior written permission of EXPRESSREGALO.COM is strictly prohibited. |
TRADEMARKS
All trademarks, service marks, and trade names
(collectively the "Marks") are proprietary to EXPRESSREGALO.COM or
other respective owners that have granted EXPRESSREGALO.COM the right
and license to use such Marks. |
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT
YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
INCLUDING, WITHOUT LIMITATION, EXPRESSREGALO.COM ' NEGLIGENCE, SHALL
EXPRESSREGALO.COM , ITS AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT
PROVIDERS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT
LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY
AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO
USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF EXPRESSREGALO.COM
OR AN AUTHORIZED EXPRESSREGALO.COM REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE
CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION,
OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE
BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL EXPRESSREGALO.COM
'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR
ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). |
INDEMNIFICATION
You shall indemnify, defend and hold harmless
EXPRESSREGALO.COM and its sponsors, business affiliates, vendors,
content providers, subsidiaries, related entities, affiliates, officers,
directors, employees, attorneys and agents, from and against any and
all damages, claims and actions brought by you or any third party
resulting from your use of the site in violation of these terms or
the infringement by you of any intellectual property rights of any
person or entity. |
GOVERNING LAW AND ARBITRATION
The laws of the Philippines
(excluding any principles of conflicts of laws) govern your use of
the Site, the services and these Terms. You agree that the parties
shall settle any claim or dispute relating to these Terms by binding
arbitration in the Philippines. To the fullest extent permitted by
applicable law, no arbitration under these Terms shall be joined to
an arbitration involving any other party subject to these Terms, whether
through class arbitration proceedings or otherwise. NOTWITHSTANDING
THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE
RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING,
WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT
TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR
COURTS LOCATED IN PASAY CITY, METRO MANILA, PHILIPPINES. |
WAIVER AND SEVERABILITY
Furthermore, no delay or omission by EXPRESSREGALO.COM
to exercise any right or any noncompliance on your part with respect
to the Terms shall impair any such right or be construed to be a waiver
by EXPRESSREGALO.COM . If any provision of the Terms is found by a
court of competent jurisdiction to be invalid or unenforceable in
whole or in part, such provision shall, as to such jurisdiction, be
ineffective to the extent of such invalidity or unenforceability without
in any manner affecting the validity or enforceability thereof in
any other jurisdiction or the remaining provisions hereof in any jurisdiction,
provided, however, if such invalid or unenforceable provision may
be modified so as to be valid and enforceable as a matter of law,
such provision will be deemed to have been modified so as to be valid
and enforceable to the maximum extent permitted by law. |
PRICING List
price is based on ExpressRegalo.com regular pricing. Items in your
shopping bag will reflect the most recent price displayed on the item's
product detail page. Prices are frequently updated to adjust for different
sales, limited pricing and other discounting. Therefore, prices on
the product detail page and in your bag may change after such updates
to reflect the current prices. Placing items in your bag does not
reserve the current prices shown at that time; prices are reserved
only by placing an order.
Discounts are limited-time offers and are not valid with other offers.
Despite our best efforts, a small number of the items in our catalog
may be mispriced. If we advertise items at lower prices than the Express
Regalo.com sale prices, please contact Customer Service at customerservice@exptressregalo.com,
and we will adjust the price for you. Price adjustments cannot be
applied to orders that have already been submitted. ExpressRegalo.com
reserves the right to adjust pricing and determine if sale pricing
will apply.
We cannot confirm the price of an item until you order; however, we
do NOT charge your credit card until after your order has shipped.
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PRICING ERROR AND INACCURACY DISCLAIMER
Information at ExpressRegalo.com may contain errors
or inaccuracies and may not be complete or current. We therefore reserve
the right to correct any errors or inaccuracies and to change or update
information at any time without prior notice (including after you
have submitted your order). Please note that such errors or inaccuracies
may be related to product descriptions, pricing and availability.
In the event of a pricing error, ExpressRegalo.com will provide you
with the following options: (1) to proceed with the transaction based
on the corrected information; or (2) to cancel your transaction. We
apologize for any inconvenience. If you are not fully satisfied with
your purchase due to any errors or inaccuracies, you may return it
as an Incorrect or Defective Item. Please see our Return Policy for
further information. |
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