TERMS & CONDITIONS
Please read the following Terms & Conditions (“Terms”) carefully. The following Terms govern your use and access to our website: www.beabi.com.ph (“Website” or “Site”) whether as a guest or a registered user. Using the Website means you have read, understood, and accepted these Terms and that you agree to abide by them.
We reserve the right to change these Terms at any time without prior notice. You are responsible for regularly reviewing updated information to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes your binding acceptance of the updated Terms.
You must be a least 18 years of age to use this Site. If you are under 18, your parent or legal guardian must agree to these Terms on your behalf and accept responsibility for your actions in the Site. You are responsible in bringing these Terms to the attention of your parent or legal guardian and you may only access and use the website with their permission.
a. You shall not in any way use the Website or submit to us anything that:
-is illegal, fraudulent, criminal or unlawful;
-is inaccurate or out-of-date;
-may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory;
-may impersonates any person or entity or misrepresents an affiliation with any person or entity;
-may infringe on copyrights or any intellectual property rights or privacy or other rights of us or any third party;
-may be contrary to our interests;
-attempts to gain unauthorized access to or disrupt computer systems and networks connected to the Site
-involves your use, delivery or transmission of any viruses, spam emails, trojans, worms or computer programming routines that are intended to damage, interfere, or surreptitiously intercept data or personal information.
-is contrary to any specific rule or requirement that we stipulate on the Website;
b. We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. If, despite our request, you still send us your ideas or materials, we make no assurances that your ideas or materials will be treated as confidential or proprietary.
b. When you register for an Account, you will be required to create a username and password. You must keep the password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or your Account. You agree that any person to whom your user name or password is disclosed is authorized to use and/or transact on the Site via your Account. Please note that you are entirely responsible in maintaining the confidentiality of your password.
c. You must be registered with a valid personal email address. Any Accounts which have been registered with an invalid email address may be closed without notice. We may require you to validate Accounts if we believe you have been using an invalid email address.
d. All information relating to any order that you submit to the Website may be accessed by logging in to your Account. You will be able to view information relating to your completed, open or recent orders as well as manage and edit your personal information.
ORDERING AND PAYMENT
a. Before making an Order, you must first register an Account.
c. All product prices are in Philippine Peso and are exclusive of delivery charges. We reserve the right to change any advertised price before accepting an order. All products are subject to availability and may be withdrawn at any time. If your order cannot be fulfilled you will be offered an alternative for the unavailable product(s).
d. Product images and descriptions may differ from the actual product. Due to differences in monitors, colors of products may also appear different to those shown on the site.
e. Once you have selected a Product you wish to Order, you will be shown the total charges including any applicable delivery charges.
f. You shall pay for the Product by credit or debit card via PayPal. You may also pay by direct Bank Deposit, but we shall not be bound to supply Orders before we have received cleared funds in full.
g. You undertake that all details you provide to us will be correct, that the credit or debit card, or account or other payment method which you use is your own. We reserve the right to obtain validation of your payment details before providing you with the Product.
g. Once your Order has been placed, you will receive an email acknowledging the details of your Order. This email is NOT an acceptance of your order, just a confirmation that your Order has been received. We may in our discretion refuse to accept an Order from you for any reason, including unavailability.
h. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Care at email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
i. We try ensure that the prices listed on the Site is accurate, but the price of your Order will still be validated by us as part of our acceptance procedure. If the price for the Order changes, we will contact you and ask you to confirm that you wish to proceed at the amended price.
j. We undertake to deliver only those Products we have confirmed. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a confirmation in relation to those Products.
SPECIAL OFFERS & PROMOTIONS
Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “promotions”. This can include a gift with purchase, free shipping, vouchers or other promotional activity associated with a product purchase. These offers may be for a limited time only.
LIMITATION OF LIABILITY
This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies.
b. To the extent permitted by law, our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) PHP500; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
c. We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
a. Orders formed through the Website or as a result of visits made by you are governed by these Terms.
b. No failure or delay by us in exercising any right under these Terms shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms.
c. If any clause in these Terms shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms shall be capable of continuing in effect without the unenforceable term.
d. Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
e. No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term.
f. These Terms shall be governed and construed in accordance with Philippine laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Philippines Courts.
ACCESS, SECURITY AND CONTENT
a. We are not be liable if, for any reason, the Website is unavailable for any time or for any period. We make no warranty that your access to the Website will be uninterrupted or free from error. We may occasionally need to carry out repairs, maintenance and updates.
b. Access to the Website may be suspended or withdrawn temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason.
c. We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
d. We may change or update the Website and anything described in it without notice to you.
e. No warranty or representation, express or implied, is given that all the information in the Website is complete, accurate, or error-free, we do not accept any liability for any errors or omissions.
f. The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Website shall not constitute any part of an offer or contract.
TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
a. The BEABI NAMES AND LOGOS and all related names, design marks and slogans are the trademarks or service marks owned by the Company.
b. We are the owner of all the materials: illustrations, photographs, video or audio sequences or any graphics published on our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and may not be used without our expressed approval in writing.
c. You must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from us.
THIRD PARTY WEBSITES
a. We have no control over and accept no responsibility for the content of any site to which a link from the Website exists. Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which the Website provides a link.
b. You must not, without our permission, frame any of the Website onto your own or another person’s website.
PHILIPPINE LAW AND JURISDICTION
These Terms and your use of the Website (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with Philippines law. You submit to the exclusive jurisdiction of the Philippines courts to settle any dispute which may arise under these Terms.