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EXPRESSREGALO.COM Terms And Conditions Of
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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.
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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.
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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.
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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.
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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.
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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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