Terms Of Use
Welcome to MARKET
MARKET PINOY!
shopping with us.
This website is
operated by Market Market Pinoy, LLC. By using the services, you are agreeing
to be bound by the following terms and conditions (the “Terms of Service”).
Throughout the site,
the Terms, “we”, “us”, and “our” refer to Market Market Pinoy. Market Market
Pinoy offers this website, including all information, tools, and services
available from this Site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.
By visiting our Site
and/ or purchasing something from us, you engage in our “Services” and agree to
be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all users of the
Site, including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these
Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any Services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or
tools which are added to the Site shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any part
of these Terms of Service by posting updates and/or changes to our website. It
is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Use of our Services
and Site is also considered acceptance of our Privacy Policy and any other
policies, which are available on our Site and is incorporated into the Terms of
Service by this reference.
Our Site is hosted
on Shopify Inc. They provide us with the online e-commerce platform that allows
us to sell our products and services to you.
SECTION 1 -
ONLINE STORE TERMS
By agreeing to these
Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow
any of your minor dependents to use this site.
You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of the
Services, violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not
transmit any worms or viruses or any code of a destructive nature.
A breach or
violation of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 -
GENERAL CONDITIONS
We reserve the right
to refuse service to anyone for any reason at any time.
You understand that
your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks.
You agree not to
reproduce, duplicate, copy, sell, resell, or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the
website through which the Service is provided, without express written
permission by us.
The headings used in
this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 –
COPYRIGHT
All content included
in or appear as part of our Site and Services, including but not limited to
images, text, graphics, logos, and video clips are the property of Market
Market Pinoy or its suppliers and are protected by the United States and
international copyright laws.
Market Market
Pinoy grants a non-exclusive,
non-transferable, limited right to access, use and display this site and its
materials for non-commercial use for the sole purpose of placing an order with
us.
SECTION 4 -
TRADEMARKS
Market Market Pinoy
logos and graphics included in or made available through our site are
trademarks of Market Market Pinoy in the
United States and other countries. Market Market Pinoy trademarks may not be
used with any other service that is not ours. All other trademarks not owned by
us are the property of third parties, including but not limited to our
suppliers and service providers.
SECTION 5 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not
responsible if information made available on this Site is not accurate, complete,
or current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete, or more timely
sources of information. Any reliance on the material on this site is at your
own risk.
This Site may
contain certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to
update any information on our Site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 6 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our
products are subject to change without notice.
We reserve the right
at any time to modify or discontinue the Services (or any part or content
thereof) without notice at any time.
We shall not be
liable to you or to any third-party for any modification, price change, suspension,
or discontinuance of the Services.
From time to time,
we may market, promote, offer, or pilot limited time promotional offers. We
reserve the right to modify or terminate these offers without notice and in our
sole discretion. We also reserve the right to establish minimum requirements to
qualify, including but not limited to minimum purchase amounts.
SECTION 7 -
PRODUCTS OR SERVICES (if applicable)
Certain products or
services may be available exclusively online through our Site. These products
or services may have limited quantities and are subject to return or exchange
only according to our Return Policy.
We have made every
effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate.
We reserve the
right, but are not obligated, to limit the sales of our products or services to
any person, geographic region, or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where
prohibited.
We do not warrant
that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in
the service will be corrected.
SECTION 8 -
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right
to refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account,
the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide
current, complete, and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.
For more detail,
please review our Returns Policy.
SECTION 9 - TAXES
Items sold through
our Site may be subject to taxes and other governmental charges. If an item is
subject to taxes, prior to submitting your purchase request, an estimated tax
will be calculated and displayed at checkout.
SECTION 10 -
SHIPPING
Please review our
Shipping Policy.
SECTION 10 -
OPTIONAL TOOLS
We may provide you
with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge and
agree that we provide access to such tools” as is” and “as available” without
any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to
your use of optional third-party tools. Any use by you of optional tools
offered through the Site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the
future, offer new services and/or features through the Site (including, the
release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
SECTION 11 -
THIRD-PARTY LINKS
Certain content, products
and services available via our Services may include materials from third
parties.
Third-party links on
this Site may direct you to third-party websites that are not affiliated with
us. We are not responsible for examining or evaluating the content or accuracy
and we do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third parties. We are not liable for any harm or damages related to
the purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites.
Please review
carefully the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request,
you send certain specific submissions (for example contest entries) or without
a request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
We may, but have no
obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene, or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service. We reserve the right, in our
sole discretion, to block and/or remove any posted materials we deem to be
unacceptable to us.
You agree that your
comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise
unlawful, abusive, or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third parties as to the origin
of any comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 13 -
PERSONAL INFORMATION
Your submission of
personal information through the store is governed by our Privacy Policy.
SECTION 14 -
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there
may be information on our Site or in the Services that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies, or
omissions, and to change or update information or cancel orders if any
information in the Services or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Services or on any
related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Services or
on any related website, should be taken to indicate that all information in the
Services or on any related website has been modified or updated.
SECTION 15 -
PROHIBITED USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited from
using the Site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Services or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Services or any related
website, other websites, or the Internet. We reserve the right to terminate
your use of the Services or any related website for violating any of the
prohibited uses.
SECTION 16 -
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee,
represent, or warrant that your use of our Services will be uninterrupted,
timely, secure or error-free.
We do not warrant
that the results that may be obtained from the use of the Services will be
accurate or reliable.
You agree that from
time to time we may remove the Services for indefinite periods of time or
cancel the Services at any time, without notice to you.
You expressly agree
that your use of, or inability to use, the Services is at your sole risk. The
Services and all products and services delivered to you through the Services
are (except as expressly stated by us) provided 'as is' and 'as available' for your
use, without any representation, warranties, or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall
Market Market Pinoy , our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or
any products procured using the Services, or for any other claim related in any
way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the Services or any content (or product)
posted, transmitted, or otherwise made available via the Services, even if
advised of their possibility.
Because some states
or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 17 -
INDEMNIFICATION
You agree to
indemnify, defend and hold harmless Market Market Pinoy and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 18 -
SEVERABILITY
In the event that
any provision of these Terms of Service is determined to be unlawful, void, or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed
to be severed from these Terms of Service, such determination shall not affect
the validity and enforceability of any other remaining provisions.
SECTION 19 -
TERMINATION
The obligations and
liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of
Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer
wish to use our Services, or when you cease using our site.
If in our sole
judgment you fail, or we suspect that you have failed, to comply with any term
or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
SECTION 20 -
ENTIRE AGREEMENT
The failure of us to
exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of
Service and any policies or operating rules posted by us on this Site or in
respect to the Services constitutes the entire agreement and understanding
between you and us and govern your use of the Services, superseding any prior
or contemporaneous agreements, communications, and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any ambiguities in
the interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 21 -
GOVERNING LAW
These Terms of
Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of United States.
SECTION 22 -
CHANGES TO TERMS OF SERVICE
You can review the
most current version of the Terms of Service at any time at this page.
We reserve the
right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Services following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 -
PROMOTIONS AND DISCOUNT PROGRAMS
Periodically, we may
offer limited promotional and discount programs to our customers. These
programs are offered at the sole discretion of us, and may be restricted in its
use by us. Restrictions may include, but are not limited to duration, minimum
purchase amounts, applicability to new or existing customers, and retroactive
use. These programs have no cash value. No obligations, financial or otherwise
is created by these programs. All promotional and discount programs may be modified
or terminated at any time without notice and in our sole discretion.
SECTION 24 -
CONTACT INFORMATION
Questions about the
Terms of Service should be sent to us at ContactUS@marketMarketPinoy.com.