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Terms and Conditions

 

Please read this terms of service agreement carefully, as it contains important information regarding your legal rights and remedies.

1. Overview

This Terms of Service Agreement (“Agreement”) is entered into by and between Jazel Palengke Essentials and you, and is made effective as of the date of your use of this website https://www.palengkeessentials.com/ (“Site”).

This Agreement sets forth the general terms and conditions of your use of the https://www.palengkeessentials.com/ as well as the products and/or services purchased or accessed through this Site (the “Services”).Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement our Privacy policy. The terms “we”, “us” or “our” shall refer to Jazel Palengke Essentials. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services.

2. Eligibility

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Philippines or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.

3. Rules of User Conduct

By using this Site You acknowledge and agree that:

  • Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

You will not use this Site in a manner that:

  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.

You will not:

  • Copy or distribute in any medium any part of this Site, except where expressly authorized by Palengke Essentials,
  • Copy or duplicate this Terms of Services agreement,
  • Modify or alter any part of this Site or any of its related technologies,
  • Access Site’s content (as defined below) or User Content through any technology or means other than through this Site itself.

4. Intellectual Property

In addition to the general rules above, the provisions in this section apply specifically to your use of content posted to Site. Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Companies Content”), are owned by or licensed to Palengke Essentials in perpetuity, and are subject to copyright, trademark, and/or patent protection.

Site’s content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.

5. Links to Third-Party Websites

This Site may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, we do not censor or edit the content of any third-party websites. By using this Site you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

6. Disclaimer of Representations and Warranties

You specifically acknowledge and agree that your use of this site shall be at your own risk and that this site is provided “as is”, “as available” and “with all faults”. We disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and we assume no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by us that will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

7. Limitation of Liability

In no event we shall be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any damages that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (vii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (ix) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

8. Indemnity

You agree to protect, defend, indemnify and hold harmless Jazel Palengke Essentials and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

9. Availability of Website

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

10. Modification of Services and Products

We reserve the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although we make great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by us. In such case, we will either offer a comparable service for you to migrate to or a refund. We will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the services we may offer or facilitate access to.

Products posted on this site are subject to change prices, photos, and description without notice. New products are added time to time to meet market demand; and some posted products may be removed by us when found no or very low demand without notice.

11. Product Photos, Packaging and Delivery

Product photo colors on our website may look slightly different from different devices. Some product photos are slightly enhanced to look presentable on our site. Your order comes in plastic bag or eco-friendly bag. The delivery takes maximum of 2 hours after receiving your order. Though it may take longer when an occurrence of heavy traffic and other unforeseen circumstances.

12. Prices And Payments

You acknowledge and agree that your payment will be charged and processed by Jazel Palengke Essentials. You agree to pay all prices and fees due for services and products purchased or obtained at this Site at the time you order the services and products. We expressly reserve the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.

Refund Policy: For products and services eligible for a refund, you may request a refund under the terms and conditions of our Refund Policy which can be accessed here.

13. Governing Law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Philippines.

14. Contact Information

If you have any questions about this Agreement, please contact us by email,

[email protected]

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