TERMS AND CONDITION OF USE AND SALE

Please read these terms and conditions carefully before using Our Service:

1. Interpretation and Definitions

(i) Interpretation

In the Terms of Use, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. The words of which the initial letter is capitalized have meanings subsequently  defined hereunder.

(ii) Definitions:

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

Country refers to: Philippines

Customer refer to any individual above 18 years old  or otherwise under the supervision of a parent or legal guardian who avails of the Service.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

HICAPS , “the Company”, “we”, “our” and “us” refer to HICAPS Marketing Corporation, a domestic corporation organized and existing under Philippine laws with business address at B2 L3 Villa Las Casas, Santa Rosa City, Laguna Philippines 4026.

Intellectual Property means all intellectual property and other similar proprietary rights in any  jurisdiction, whether owned or held for use under license, whether registered or not, including all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

Materials means, collectively, all web pages on the Website, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Website and the functionalities or services provided on the Website.

Order  means your order for Products through the Service subject to the Terms and Conditions of Sale.

Personal Data means data that can be used to identify, contact or locate Customer, i.e. name, e-mail address, billing address, shipping address, phone number and credit card information. The same shall be deemed to include any data that you have provided to us, whether true or not, when placing an Order, regardless of whether you have an account with us.

Price refers to the price of Products listed in the Service for sale to Customers.

Privacy Policy refers to the privacy policy herein laid out.

Products refers to any item of commerce made available for sale to Customers in the Service.

Prohibited Materials refers to any information, image, data or any other material that:

(a)    contains any type of malware, computer virus or other invasive or damaging code or program;

(b) infringes any third-party Intellectual Property or any other proprietary rights;

(c) is defamatory, seditious, libelous or threatening;

(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or

(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

Service/s means services, information and functions made available under the Website.

Terms and Conditions  of Use and Sale (also referred as “Terms”) means the entire agreement between You and the Company regarding the use of the Website and purchase under the Service provided therein.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Trademarks refers to any trademark, service marks and/or trade names, whether registered or not, found and displayed in the Website, including that which pertains to HICAPS means the trademarks, service marks, trade names and logos used and displayed on the Platform, including the HICAPS trademark, which is property of HICAPS Marketing Corporation.

User refers to You as the end user accessing or using the Website.

Website refers to the website HICAPS Marketplace, accessible from https://hicaps.com.ph, owned and operated by HICAPS Marketing Corporation.

‘You’ means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. General use of Service/s and/or access of the Website

(i) Customer/User agrees to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Service/s and/or access to the Website, as well as any amendments to the aforementioned, issued by Us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.

(ii) Customer/User shall not undertake the following:

(a) Use of false identity or otherwise misrepresent affiliation with another person or entity;

(b) Use the Website or Services for any illegal or unauthorized purposes;

(c) Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Website or Services;

(d) Use the Website or Services to post any unsolicited and Prohibited Materials;

(e) Unauthorized access to or interfere with another’s utilization and enjoyment of the Website or Services;

(f) Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another User’s computer or mobile device or the Website or Services; and

(g) Use the Website or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

Any breach of the foregoing may constitute a violation of Republic Act No. 10173, otherwise     known as the “Data Privacy Act of 2012” or any other penal law under Philippine lase. In the     event of such violation, HICAPS will report the breach to the relevant authority and pursue the     appropriate legal action.

(iii) Right to updated, modify, suspend or discontinue the Website and Services:

We may, from time to time and without giving any reason or prior notice, upgrade, modify,     suspend or discontinue the provision of or remove, whether in whole or in part, the Website or     any Services and shall not be liable if any such upgrade, modification, suspension or removal     prevents you from accessing the Website or any part of the Services.

(iv) We reserve the right, but not obligation, to monitor content as follows:

(a) monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action we deem appropriate;
(b) prevent or restrict access of any User to the Website and/or the Services;
(c) report any activity that we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or request any information and data from you in connection with your use of the Services and/or access of the Website at any time and exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable ground to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

(v) Privacy Policy: Customer’s use of the Website and/or Services shall be subject to the Privacy Policy herein set out.

(vi) Terms and Conditions of Sale: Any purchase through the Website or Service shall be subject to the Terms and Conditions of Sale herein laid out.

(vii) Additional Terms:  We reserve the right to amend, modify, alter any of the terms of Use or add terms as we may deem appropriate without prior notice which shall apply with full force and effect.


3. Formation of a Contract with respect to the Products

(i) It is hereby understood that no contract in respect of any Products shall exist between Customer and the Company until we have shipped the Products to the given address of the Customer.

(ii) A submitted Order is only considered accepted by Us upon the delivery of Product/s to the delivery address provided by Customer.

(iii) A contract will relate only to those Products which were actually delivered to Customer. If Order consists of more than one Product, the Products may be delivered to Customer in separate packages on separate dates.

4. Payment Terms and Price

(i) We shall endeavor to ensure that all details pertaining to Products, including its Price, shall be accurate and up-to date. However, in the event that the details of the Product/s are not updated, we shall inform User/Customer of the correct price and/or details of the Product through the provided contact information. Customer shall be responsible for all fees and taxes associated with the Order.

(ii) It is hereby understood that Prices stated in the Website shall include the corresponding value added tax and such other applicable taxes for the Product.

(iii) We shall endeavor to ensure that the details, including the Prices, of Products stated in the Website are accurate and up-to-date. However, in the event that the Price of Products are not updated, we shall inform Customer/ User of the correct Price through the contact details provided by the Customer/User.

(iv) Prices may be changed any time without giving any reason and prior notice.

(v) We are under no obligation to confirm and accept Order/s based on the erroneous Price reflected in the Website despite the Order being already acknowledged.

(vi) Payment options:  Cash on Delivery (COD), GCASH and Credit/Debit Card. The Company may adopt additional modes of payment as it may deem appropriate in the course of its operations.

(vii) By ordering the Products on our Website, you agree that you have read, understood and accepted all the terms and conditions listed here


5. Delivery and Risk

(i) Delivery shall be limited to the following areas such as Batangas, Cavite, Laguna, Rizal, Quezon and Metro Manila as provided in the Website. However, the Company may modify the same without prior notice.

(ii) The Products shall be delivered to the address specified by the Customer.

(iii) We shall give notice if the estimated delivery date shall not be met for whatever cause. However, we shall not be liable for any loss that may arise out of late delivery.

(iv) Delivery option:  HMC Express. All costs for delivery shall be for the account of Customer which shall be added to the price of Products ordered.

(v) Upon delivery of the Product by the Company, Customer may be signed a document to confirm delivery in his/her favor.

(vi) Due to insurmountable limitations, the Company may not be able to deliver in some locations. In such event, we shall inform Customer of such inability and shall give the latter the option to either cancel the Order or provide an alternative delivery address.

(vii) Products shall be delivered in the Company’s standard packaging.

(viii)    All risk in the Product shall pass to Customer upon delivery, except that, where delivery is delayed due to causes attributable to Customer, risk shall pass at the date when delivery would have occurred if not through the fault or negligence of Customer. From the time when risk passes to Customer, we will not be liable for destruction or losses arising out of the Product.

(ix) If delivery or collection is delayed through Customer’s unreasonable refusal to accept delivery or collect the Product from the designated carrier, we shall undertake any of the following courses of action, without prejudice to pursue any action available under the law against the Customer:

(a) To charge Customer for any fee and other costs reasonably incurred by us, including but not limited to any shipping costs; or

(b) To no longer make the Product available for delivery or collection and notify Customer that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the contract, less our reasonable administration charges relative to the attempted delivery and then returning the Product, and any storage fees, and any loss or damage to the Product resulting from Customer’s refusal to accept delivery.

6. Cancellation of Order/s
   
In the event Customer’s opts to cancel Order, he/she may get in touch with us through the contact details stated in the Website. Cancellation of orders shall give rise to cancellation fees to be determined and charged by the Company as it may deem appropriate.


7. Defective Products

(i) Products images on the Website may slightly differ from actual Product delivered to Customer/s.

(ii) In the event of any alleged defect in the delivered Product/s, Customer shall give notice     of the defect to the Company through the contact details provided in the Website. The     Company shall give instructions in order to address the alleged defect in the Products.
 
(iii) Company may require the return of the Product to determine whether or not the defect complained of is indeed true. Should it be found to be untrue, the Company shall not replace or refund Customer for the Product and/or may require Customer to pay all reasonable carriage costs and servicing costs which have been incurred to determine and address the defect complained of.  Company shall in no case be held liable for any loss or damage.
 
(iv) Upon Company’s confirmation of the defect in the Product/s, the Company shall replace the Product or provide a refund as may be applicable under the given circumstances. 
 

8. Users submitting Personal Data

(i) Username/Password: Purchase of Products made available on the Website may require creation of an account with us or for you to provide Personal Data. Creation of an account shall require the provision of a Username and Password which shall be provided by User and approved by the Company. The latter reserves the right to disallow the use of any Username and/or Password that it may find inappropriate. We may at any time in our sole and absolute discretion, request that User/Customer update his/her Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by Customer/User or arising out of or in connection with or by reason of such request or invalidation. Customer/User hereby agree to change Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of his/her account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. Customer/User is hereby obliged to notify us immediately if he/she has knowledge or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.

(ii) Acknowledgement of Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

(iii) Purported use/access: Customer/User agrees and acknowledge that any use of the Services and/or any access to the Website and any information, data or communications under his designated Username and Password shall be deemed to be, as the case may be:

(a) access to the relevant Website and/or use of the Services by Customer/User to whom the Username and Password pertains; or

(b) information, data or communications posted, transmitted and validly issued by the same  Customer/User.

Customer/ User shall be bound by any representations and/or communications issued using his/her personal account under the Website with the use of his/her Username/Password, whether authorized or not. Further, Customer/User shall fully indemnify the Company against any and all Losses attributable to any use, authorized or not, of any Services and/or or access to the Website traceable to the Username and Password of the Customer/User.

9. Use of Services

(i) Customer/User hereby agrees to use and access the Website solely for the purpose for which it is created, i.e. the marketing and sale of the Products listed therein.

(ii) For such purpose, Customer/User shall ensure that all information and data he/she provides are true and accurate and agrees to take sole responsibility for such information and data.

10. Intellectual property

(i) It is hereby understood that the Intellectual Property found in the Website and the Products listed therein are owned or licensed to the Company or its suppliers. We reserve the right to protect said Intellectual Property as may be appropriate and necessary.

(ii) No Customer/User or third-party entity shall have any right to use any Trademark or other Intellectual Property found in the Website, without the written consent of the Company and the appropriate trademark owner.

11. Limitation of liability

(i) The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

(ii) Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

(iii) The Company shall not be liable to Customer/User for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Website or the Services;

(b) reliance on any data or information made available through the Website and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code and program; and

(d) any use of or access to any other website or webpage linked to the Website, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

(iv) Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Website is entirely at Customer/User’s own risk and we shall not be liable therefor.

12. Links to other websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Customer/User further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise Customer/User to read the terms and conditions and privacy policies of any third-party web sites or services that he/she visits.

13. Advertisements

Advertising: We may attach banners, java applets and/or such other materials to the Website for the purposes of advertising our products and/or services. For the avoidance of doubt, Customer/User shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.

14. Termination of Use

We may terminate or suspend Customer/User’s access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if Customer/User breach these Terms and Conditions.

Upon termination, Customer/User’s right to use the Service will cease immediately.

15.  Indemnification

Customer/User shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, consultants, advisers, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Customer/User’s use or misuse of, or access to, the Service and content of the Website, or otherwise from Customer/User’s submissions, violation of the Terms of Use, or infringement or any third party using Customer/User’s account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer/User, in which event you will assist and cooperate with us in asserting any available defenses.

16. Notices

(i) Notices from us: All notices shall be coursed through electronically or by mail. Electronic mail shall be deemed to have been received on the day of its transmission. Notice by mail shall be deemed to have been received on the day following such posting.

(ii) Notices from Customer/User: He/She may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt thereof.

17. General

(i) Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

(ii) No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

(iii) Severability: In the event that any provision of these Terms of Use is rendered void, invalid or unenforceable by operation of applicable laws or regulations, such provision or part thereof  may be severed from this Agreement without affecting the other provisions hereof.

(iv) Governing law: This Terms of Use shall be governed and construed in accordance with the laws of the Republic of the Philippines.  Any and all disputes arising out of, in connection with or relating to the terms and conditions of this Agreement, or the interpretation or construction thereof, shall first be settled by the Parties through negotiations in good faith.

(v) Amendments: We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective,   Customer/User agrees to be bound by the revised terms. If Customer/User does not     agree to the new terms, in whole or in part, please stop using the website and the Service.


(vi) Entire agreement: These Terms of Use shall constitute the entire agreement between the Company and Customer/User relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

(vii) Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Website and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

(viii)    Assignment: We may assign our rights under these Terms of Use to any third party without prior consent and knowledge of Customer/User. The latter, however, may not assign his rights hereunder without written consent of the Company.

(ix) Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

Acknowledgement

These are the Terms and Conditions governing the use of this Service  and Sale thereunder.  These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Contact Us
If you have any questions about these Terms and Conditions, You can contact us by email: consumercare@hicaps.com.ph