Terms & Conditions
Terms & Conditions
DISCLAIMER: 1914Shop.com is a listing platform that provide interconnection between merchants/vendors/sellers to be referred to from here as "Sellers" to buyers/clients/customers to be referred to from here as "Buyer". Now way that the platform is responsible to any agreement made between the Merchant and the Buyer other than providing support to the successful completion of their transactions under our control within the platform.
Terms of Use
Welcome to the 1914Shop
platform. Please read these terms and conditions carefully. The following Terms
of Use govern your use and access of the Platform (defined below) and the use
of the Services. By accessing the Platform and/or using the Services, you agree
to be bound by these Terms of Use. If you do not agree to these Terms of Use,
please refrain from the access and/or use this Platform or the Services.
Access to and use of
password protected and/or secure areas of the Platform and/or use of the
Services are restricted to Customers with accounts only. You may not obtain or
attempt to obtain unauthorized access to such parts of this Platform and/or
Services, or to any other protected information, through any means not
intentionally made available by us for your specific use.
If you are below 18
years old: you must obtain consent from your parent(s) or legal guardian(s),
their acceptance of these Terms of Use and their agreement to take
responsibility for: (I) your actions; (ii) any charges associated with your use
of any of the Services or purchase of Products; and (iii) your acceptance and
compliance with these Terms of Use. If you do not have consent from your
parent(s) or legal guardian(s), you must stop using/accessing this Platform and
using the Services.
1. Definitions &
Interpretation
Unless otherwise
defined, the definitions and provisions in respect of interpretation set out in
Outline 1 will apply to these Terms of Use.
2. General use of
Services and/or access of Platform
2.1 Guidelines to the
use of Platform and/or Services: You agree to comply with any and all the
guidelines, notices, operating rules and policies and instructions pertaining
to the use of the Services and/or access to the Platform, 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 Platform.
2.2 Restricted
activities: You agree and undertake NOT to:
(a) impersonate any
person or entity or to falsely state or otherwise misrepresent your affiliation
with any person or entity;
(b) use the Platform or
Services for illegal purposes;
(c) attempt to gain
unauthorized access to or otherwise interfere or disrupt other computer systems
or networks connected to the Platform or Services;
(d) post, promote or
transmit through the Platform or Services any Prohibited Materials;
(e) interfere with another’s
utilization and enjoyment of the Platform 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 Platform’s data or damage or
interfere with the operation of another Customer’s computer or mobile device or
the Platform or Services; and
(g) use the Platform 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.
2.3 Availability of
Platform 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 Platform or any Services and shall not
be liable if any such upgrade, modification, suspension or removal prevents you
from accessing the Platform or any part of the Services.
2.4 Right, but not
obligation, to monitor content: We reserve the right, but shall not be obliged
to:
(a) monitor, screen or
otherwise control any activity, content or material on the Platform 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 it deems appropriate;
(b) prevent or restrict
access of any Customer to the Platform and/or the Services;
(c) report any activity
it suspects to be in violation of any applicable law, statute or regulation to
the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any
information and data from you in connection with your use of the Services
and/or access of the Platform at any time and to 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 grounds to suspect that you have provided
inaccurate, misleading or fraudulent information and/or data.
2.5 Privacy Policy: Your
use of the Services and/or access to the Platform is also subject to the
Privacy Policy as set out Here.
2.6 Terms &
Conditions of Sale: Purchases of any Product would be subject to the sole agreement between the Merchant and the Buyer.
3. Use of Services
3.1 Application of this
Clause: In addition to all other terms and conditions of these Terms of Use,
the provisions in this Clause 3 are the additional specific terms and
conditions governing your use of the Services.
3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause.
3.3 General terms of
use: You agree:
(a) to access and/or use
the Services only for lawful purposes and in a lawful manner at all times and
further agree to conduct any activity relating to the Services in good faith;
and
(b) to ensure that any
information or data you post or cause to appear on the Platform in connection
with the Services is accurate and agree to take sole responsibility for such
information and data.
3.4 Product description:
While we endeavor to provide an accurate description of the Products, we do not
warrant that such description is accurate, current or free from error.
3.5 Prices of Products:
All Listing Prices are subject to taxes, unless otherwise stated. We reserve
the right to amend the Listing Prices at any time without giving any reason or
prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than 1914Shop (i.e. Third Party-Vendors or Sellers) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by 1914Shop or a Third-Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third-Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third-Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilize paid services offered by 1914Shop to promote their Product listings within your search results on the Platform.
4. Customers with 1914Shop
accounts
4.1 Username/Password:
Certain Services that may be made available on the Platform may require
creation of an account with us or for you to provide Personal Data. If you
request to create an account with us, a Username and Password may either be: (I)
determined and issued to you by us; or (ii) provided by you and accepted by us
in our sole and absolute discretion in connection with the use of the Services
and/or access to the relevant Platform. We may at any time in our sole and
absolute discretion, request that you update your 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 you or arising out of or in connection with or by reason of such
request or invalidation. You hereby agree to change your Password from time to
time and to keep the Username and Password confidential and shall be
responsible for the security of your account and liable for any disclosure or
use (whether such use is authorized or not) of the Username and/or Password.
You should notify us immediately if you have knowledge that 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.
4.2 Purported
use/access: You agree and acknowledge that any use of the Services and/or any
access to the Platform and any information, data or communications referable to
your Username and Password shall be deemed to be, as the case may be:
• (a) access to the
relevant Platform and/or use of the Services by you; or
• (b) information, data or
communications posted, transmitted and validly issued by you.
You agree to be bound by
any access of the Platform and/or use of any Services (whether such access or
use are authorized by you or not) and you agree that we shall be entitled (but
not obliged) to act upon, rely on or hold you solely responsible and liable in
respect thereof as if the same were carried out or transmitted by you. You
further agree and acknowledge that you shall be bound by and agree to fully
indemnify us against any and all Losses attributable to any use of any Services
and/or or access to the Platform referable to your Username and Password.
5. Intellectual property
5.1 Ownership: The
Intellectual Property in and to the Platform and the Materials are owned,
licensed to or controlled by us, our licensors or our service providers. We
reserve the right to enforce its Intellectual Property to the fullest extent of
the law.
5.2 Restricted use: No
part or parts of the Platform, or any Materials may be reproduced, reverse
engineered, decompiled, disassembled, separated, altered, distributed,
republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred
or transmitted in any manner or by any means or stored in an information
retrieval system or installed on any servers, system or equipment without our
prior written permission or that of the relevant copyright owners. Subject to
Clause 5.3, permission will only be granted to you to download, print or use
the Materials for personal and non-commercial uses, provided that you do not
modify the Materials and that we or the relevant copyright owners retain all
copyright and other proprietary notices contained in the Materials.
5.3 Trademarks: The
Trademarks are registered and unregistered trademarks of us or third parties.
Nothing on the Platform and in these Terms of Use shall be construed as
granting, by implication, estoppel, or otherwise, any license or right to use (including
as a meta tag or as a “hot” link to any other website) any Trademarks displayed
on the Services, without our written permission or any other applicable
trademark owner.
6. Our limitation of
responsibility and liability
6.1 No representations
or warranties: The Services, the Platform and the Materials are provided on an
“as is” and “as available” basis. All data and/or information contained in the
Platform, the Services or the Materials are provided for informational purposes
only. No representations or warranties of any kind, implied, express or
statutory, including the warranties of non-infringement of third-party rights,
title, merchantability, satisfactory quality or fitness for a particular
purpose, are given in conjunction with the Platform, the Services or the
Materials. Without prejudice to the generality of the foregoing, we do not
warrant:
(a) the accuracy,
timeliness, adequacy, commercial value or completeness of all data and/or
information contained in the Platform, the Services or the Materials;
(b) that the Platform,
the Services or that any of the Materials will be provided uninterrupted, secure
or free from errors or omissions, or that any identified defect will be
corrected;
(c) that the Platform,
the Services or the Materials are free from any computer virus or other
malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any
information transmitted by you or to you through the Platform or the Services,
and you accept the risk that any information transmitted or received through
the Services or the Platform may be accessed by unauthorized third parties and/or
disclosed by us or our officers, employees or agents to third parties
purporting to be you or purporting to act under your authority. Transmissions
over the Internet and electronic mail may be subject to interruption,
transmission blackout, delayed transmission due to internet traffic or
incorrect data transmission due to the public nature of the Internet.
6.2 Exclusion of
liability: 1914Shop Indemnitees shall not be liable to you 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 Platform or the Services;
(b) reliance on any data
or information made available through the Platform 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, agent program
or macros; and
(d) any use of or access
to any other website or webpage linked to the Platform, 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.
6.3 At your own risk:
Any risk of misunderstanding, error, damage, expense or Losses resulting from
the use of the Platform is entirely at your own risk and we shall not be liable
therefor.
7. Hyperlinks, and
alerts
7.1 Hyperlinks: For your
convenience, we may include hyperlinks to other websites or content on the
Internet that are owned or operated by third parties. Such linked websites or
content are not under our control and we are not liable for any errors,
omissions, delays, defamation, libel, slander, falsehood, obscenity,
pornography, profanity, inaccuracy or any other objectionable material
contained in the contents, or the consequences of accessing, any linked
website. Any hyperlinks to any other websites or content are not an endorsement
or verification of such websites or content and you agree that your access to
or use of such linked websites or content is entirely at your own risk.
7.2 Promotions: We may
attach banners, java applets and/or such other materials to the Platform for
the purposes of promoting our or our Third-Party Vendors’ products and/or
services. For the avoidance of doubt, you shall not be entitled to receive any
payment, fee and/or commission in respect of any such promotional materials.
8. Your submissions and
information
8.1 Submissions by you:
You grant us a non-exclusive license to use the materials or information that
you submit to the Platform and/or provide to us, including but not limited to,
questions, reviews, comments, and suggestions (collectively, “Submissions”).
When you post comments or reviews to the Platform, you also grant us the right
to use the name that you submit or your Username in connection with such
review, comment, or other content. You shall 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 Submissions. We may, but shall not be obligated
to, publish, remove or edit your Submissions.
8.2 Consent to receive
e-mails: You give your full, free, and unequivocal consent and authority to the
collection, processing and use by us of any information provided by you
(including Personal Data) for the purposes of sending informational and
promotional e-mails and any and all communications, notices, updates and other
information to you,. Your agreement to the provisions of this Clause 8.2 shall
constitute your consent for the purpose of the provisions of any spam control
laws (whether in Philippines or elsewhere). You may subsequently opt out of
receiving promotional e-mails by clicking on the appropriate hyperlink in any
promotional e-mail.
8.3 1914Shop may, from
time to time, be required by government agencies to disclose certain
information in connection with any audit or investigation. You understand that
we are not required to contest any demand made by an (government) authority for
such information.
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.
9. Termination
9.1 Termination by us:
In our sole and absolute discretion, we may with immediate effect terminate
your use of the Platform and/or Services and/or disable your Username and
Password. We may bar access to the Platform and/or Services (or any part
thereof) for any reason whatsoever, including a breach of any of these Terms of
Use or where if we believe that you have violated or acted inconsistently with any
terms or conditions set out herein, or if in our opinion or the opinion of any
regulatory authority, it is not suitable to continue providing the services
relating to the Platform.
9.2 Termination by you:
You may terminate these Terms of Use by giving seven days’ notice in writing to
us.
10. Notices
10.1 Notices from us:
All notices or other communications given to you if:
(a) communicated through
any print or electronic media as we may select will be deemed to be notified to
you on the date of publication or broadcast; or
(b) sent by post or left
at your last known address will be deemed to be received by you on the day
following such posting or on the day when it was so left.
10.2 Notices from you:
You 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. While we endeavor to respond promptly to notices from you, we cannot guarantee
that we will always respond with consistent speed.
10.3 Other modes:
Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other
acceptable modes of giving notices (including but not limited to e-mail or
other forms of electronic communication) and the time or event by which such
notice shall be deemed given.
11. General
11.1 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 (save
to the extent, if any, provided expressly in these Terms of Use or at law or in
equity) operate so as to hinder or prevent our exercise of any other such right
or remedy as at law or in equity.
11.2 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.
11.3 Severability: If at
any time any provision of these Terms of Use shall be or shall become illegal,
invalid or unenforceable in any respect, the legality, validity and
enforceability of the remaining provisions of this Agreement shall not be
affected or impaired thereby, and shall continue in force as if such illegal,
invalid or unenforceable provision was severed from these Terms of Use.
11.4 Rights of third
parties: A person or entity who is not a party to these Terms of Use shall have
no right under any legislation in any jurisdiction to enforce any term of these
Terms of Use, regardless of whether such person or entity has been identified
by name, as a member of a class or as answering a particular description. For
the avoidance of doubt, nothing in this Clause shall affect the rights of any
permitted assignee or transferee of these Terms of Use.
11.5 Governing law: Use
of the Platform and/or the Services and these Terms of Use shall be governed by
and construed in accordance with Philippine law. If any dispute arises in connection
with these Terms of Use, the Parties shall attempt, in fair dealing and in good
faith, to settle such dispute. If the Parties are not able to reach an amicable
settlement pursuant to the preceding section, they shall try to agree on an
appropriate ADR proceeding (for example mediation, conciliation, expert
determination, dispute board, adjudication). If they do not reach agreement on
the appropriate ADR proceeding within 14 days after failure of the settlement
negotiations or if the dispute is not settled through an ADR proceeding within
a period of two months after initiation of the ADR preceding, each Party may
initiate an arbitration proceeding pursuant to the following paragraph.
All disputes arising out
of or in connection with the present contract, including any question regarding
its existence, validity or termination, shall be finally settled in accordance
with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for
the time being in force, which rules are deemed incorporated by reference into
this clause. The arbitral tribunal shall consist of three arbitrators to be
chosen in accordance with the rules of the PDRCI. The seat of arbitration shall
be the Philippines. The procedural law of this seat applicable to commercial
arbitration proceedings shall apply where the Rules are silent. The language to
be used in the arbitration proceedings shall be English.
11.6 Injunctive relief:
We may seek immediate injunctive relief if we make a good faith determination
that a breach or non-performance is such that a temporary restraining order or
other immediate injunctive relief is the only appropriate or adequate remedy.
11.7 Amendments: We may
by notice through the Platform or by such other method of notification as we
may designate (which may include notification by way of e-mail), vary the terms
and conditions of these Terms of Use, such variation to take effect on the date
we specify through the above means. If you use the Platform or the Services
after such date, you are deemed to have accepted such variation. If you do not
accept the variation, you must stop access or using the Platform and the
Services and terminate these Terms of Use. Our right to vary these Terms of Use
in the manner aforesaid will be exercised with may be exercised without the
consent of any person or entity who is not a party to these Terms of Use.
11.8 Correction of
errors: Any typographical, clerical or other error or omission in any
acceptance, invoice or other document on our part shall be subject to
correction without any liability on our part.
11.9 Currency: Money
references under these Terms of Use shall be in Philippines Peso.
11.10 Language: In the
event that these Terms of Use is executed or translated in any language other
than English (“Foreign Language Version”), the English language version of
these Terms of Use shall govern and shall take precedence over the Foreign
Language Version.
11.11 Entire agreement:
These Terms of Use shall constitute the entire agreement between you and us
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.
11.12 Binding and
conclusive: You acknowledge and agree that any records (including records of
any telephone conversations relating to the Services, if any) maintained by us
or our service providers relating to or in connection with the Platform and
Services shall be binding and conclusive on you for all purposes whatsoever and
shall be conclusive evidence of any information and/or data transmitted between
us and you. You hereby agree that all such records are admissible in evidence
and that you shall not challenge or dispute the admissibility, reliability,
accuracy or the authenticity of such records merely on the basis that such
records are in electronic form or are the output of a computer system, and you
hereby waive any of your rights, if any, to so object.
11.13 Sub-contracting
and delegation: We reserve the right to delegate or sub-contract the performance
of any of our functions in connection with the Platform and/or Services and
reserve the right to use any service providers, subcontractors and/or agents on
such terms as we deem appropriate.
11.14 Assignment: You
may not assign your rights under these Terms of Use without our prior written
consent. We may assign our rights under these Terms of Use to any third party.
11.15 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 Platform'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.
12. Voucher Terms &
Conditions
The following terms and
conditions (T&Cs) apply to your use and redemption of promotional vouchers
or voucher codes, where such vouchers are offered for no consideration
(according to voucher Terms & Conditions)
Outline 1
Definitions and
Interpretation
1. Definitions. Unless
the context otherwise requires, the following expressions shall have the
following meanings in these Terms of Use:
1.1 “Customer” has the
same meaning as in the Terms & Conditions of Sale.
1.2 “Intellectual
Property” means 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.
1.3 “1914Shop
Indemnitees” means 1914Shop and all of its respective officers, employees,
directors, agents, contractors and assigns.
1.4 “1914Shop”, “we”,
“our” and “us” refer to SMESoft Inc., a company
incorporated pursuant to the laws of Philippines under registration number
CS201109257 and having its registered address at Unit 511 VGP Bldg 6772 Ayala
Avenue, Legaspi Village, Makati City Philippines 1226.
1.5 “Listing Price”
means the price of Products listed for sale to Customers, as stated on the
Platform.
1.6 “Losses” means all
penalties, losses, settlement sums, costs (including legal fees and expenses on
a solicitor-client basis), charges, expenses, actions, proceedings, claims,
demands and other liabilities, whether foreseeable or not.
1.7 “Materials” means,
collectively, all web pages on the Platform, including the information, images,
links, sounds, graphics, video, software, applications and other materials
displayed or made available on the Platform and the functionalities or services
provided on the Platform.
1.8 “Order” means your
order for Products sent through the Platform in accordance with the Terms &
Conditions of Sale.
1.9 “Password” refers to
the valid password that a Customer who has an account with 1914Shop may use in
conjunction with the Username to access the relevant Platform and/or Services.
1.10 “Personal Data”
means data, whether true or not, that can be used to identify, contact or
locate you. Personal Data can include your name, e-mail address, billing
address, shipping address, phone number and credit card information. “Personal
Data” shall be deemed to include any data that you have provided to us when
placing an Order, regardless of whether you have an account with us.
1.11 “Platform” means
(a) both the web and mobile versions of the website operated and/or owned by 1914Shop
which is presently located at the following URL: www.1914Shop.com; and (b) the
mobile applications made available from time to time by 1914Shop, including the
iOS and Android versions.
1.12 “Privacy Policy”
means the privacy policy of 1914Shop as defined.
1.13 “Product” means a
product (including any installment of the product or any parts thereof)
available for sale to Customers on the Platform.
1.14 “Prohibited
Material” means any information, graphics, photographs, data and/or any other material
that:
(a) contains any
computer virus or other invasive or damaging code, program or macro;
(b) infringes any
third-party Intellectual Property or any other proprietary rights;
(c) is defamatory,
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.
1.15 “Services” means
services, information and functions made available by us at the Platform.
1.16 “Submission” is as
defined in Clause 8.1 of these Terms of Use.
1.17 “Terms &
Conditions of Sale” means the terms and conditions governing a Customer’s
purchase of the Products and are set as defined.
1.18 “Terms of Use”
means the recitals, Clauses 1 to 12 and any Outline pertaining to these terms and
conditions.
1.19 “Trademarks” means
the trademarks, service marks, trade names and logos used and displayed on the
Platform, including the 1914Shop trademark, which is property of 1914Shop.
1.20 “Username” refers
to the unique login identification name or code which identifies a Customer who
has an account with 1914Shop.
1.21 “Voucher” means a
voucher for credit which may be used by a Customer, subject to other terms and
conditions, towards the payment of purchases on the Platform.
1.22 “you” and “your”
refer to the individuals over the age of 18 or otherwise under the supervision
of a parent or legal guardian.
2. Interpretation: Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, 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. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of 1914Shop and the provision which is more favorable to 1914Shop shall prevail.
Platform Engagement Tools Terms & Conditions
1. Acceptance of Terms and Conditions
1.1. The following Platform Engagement Tools Terms &
Conditions (the “Platform Terms”) govern the use of the platform
engagement tools and other related services (collectively, the “Tools”
and, each a “Tool”) provided by 1914Shop of Unit 511 VGP Bldg 6772 Ayala
Avenue, Legaspi Village, Makati City, Philippines 1226 (hereinafter referred to
as “1914Shop”) on 1914Shop’s websites and/or mobile applications (the “Platform”).
1.2. By using any of the Tools, you are agreeing to be bound by
these Platform Terms as a User (as defined below). Unless otherwise defined, the definitions and provisions in respect of
interpretation in the Terms of Use will apply to these Platform Terms.
1.3. The use of the Tools may be subject to additional terms (“Additional
Terms”) that 1914Shop may prescribe from time to time. In relation to any
Tool, the Additional Terms that govern the use of such Tool shall be made
accessible via such Tool. If you do not agree to any of the Additional Terms,
you should discontinue your use of the Tools that are subject to those
Additional Terms.
1.4. In the case of any inconsistency or conflict between any
documents referred to in these Platform Terms that is not expressly resolved in
those documents, such inconsistency or conflict will be resolved in the
following order of descending priority: the relevant Additional Terms, the
Platform Terms, the Terms of Use and the Terms & Conditions of Sale.
1.5. All rewards (including, without limitation, virtual items
such as deal, platform or brands vouchers) acquired via the Tools shall be
subject to the Digital Vouchers & Gift Cards Terms and Conditions and the
Terms and Conditions of Sale, to the extent that the same are applicable.
2. Tools Conditions
2.1. The Tools are offered solely for the purpose of a User’s
personal entertainment and benefit. The use of the Tools for business or
commercial purposes is strictly prohibited.
2.2. 1914Shop may, from time to time and without giving any reason
or prior notice, upgrade, modify, suspend, discontinue the provision of, or
remove any of the Tools, and 1914Shop shall not be liable if any such upgrade,
modification, suspension, discontinuation or removal affects your use of the
Platform or prevents you from accessing any of the Tools.
2.3. A “User” means a Customer who has installed the 1914Shop
mobile app and registered for a customer account on the Platform. The use of
certain Tools may be subject to additional terms of eligibility, which shall be
prescribed by 1914Shop in its sole discretion; such additional terms of
eligibility would be set out in the relevant Additional Terms.
2.4. Users shall be prohibited from running the Tools (including
all individual mobile application page interfaces) with programs other than the
relevant 1914Shop client program provided by 1914Shop. Examples of prohibited
programs include, without limitation, automated bots and other tools meant to
replace or supplement the relevant 1914Shop client program provided by 1914Shop,
as well as scripts and completely or partially automated programs that provide
any User with any advantage over other Users by enabling, for example,
auto-refresh functions and other integrated browser mechanisms that use or
concern automated procedures for using the Tools.
2.5. Users are, under no circumstances, permitted to do any of the
following:
(I) create, exploit or use bugs, cheats, mods and/or hacks, or any
other third-party software products that may change the result, function or
gameplay of the Tools;
(ii) use software that allows the mining or scraping of data or
otherwise intercepts or collects information in connection with the Tools;
(iii) use any rewards (including, without limitation, virtual
items such as deal, platform or brands vouchers) acquired via the Tools for any
purpose other than the purchase of Products on the Platform;
(iv) sell, buy or trade customer accounts on the Platform;
(v) use the Tools or participate in any program thereof in a
fraudulent manner, including but not limited to the creation or use of more
than one customer account for the purposes of obtaining more rewards,
and the foregoing shall include all circumventions, similar
actions or actions that produce an effect that matches the aforementioned
prohibitions.
3. Warranties and Liability
3.1. 1914Shop offers the Tools within the context of its technical
and operational capabilities.
3.2. Unless expressly set out in these Platform Terms or the
relevant Additional Terms, to the fullest extent permitted by law, neither 1914Shop
nor any of its service providers or affiliates makes any warranty (whether
express or implied), representation or undertaking about the Tools (including,
without limitation, their accuracy, availability and reliability), any software
or hardware used with the Tools, any application or feature accessed by a User
using the Tools, or the reliability or quality of the underlying
telecommunications network accessed by such User using the Tools.
3.3. The Tools are provided on an ‘as is’ and ‘as available’
basis, and their availability is subject to the availability, functionality and
reliability of resources used to provide the Tools (including, without
limitation, the Platform, 1914Shop’s systems and the relevant third party
tools), downtime and lack of availability (whether for technical reasons,
required maintenance work, or otherwise), as well as events, circumstances or
causes beyond 1914Shop's reasonable control.
3.4. To the fullest extent permitted by law, 1914Shop shall not be
responsible to any User for any loss, damage, fine, regulatory action, claim or
compensation of whatever nature arising from or relating to such User's use of,
or inability to use, the Tools (collectively, the “Liabilities”) including but
not limited to (I) such User’s breach of these Platform Terms, (ii) any alleged
unauthorized transactions, disruptions, errors, defects or unavailability of
the Tools, and (iii) any loss of data or damage to any software or hardware
used by such User to access the Tools.
3.5. In the event that any Liabilities are not excluded under
clause 3.4 of these Platform Terms, to the fullest extent permitted by law, 1914Shop’s
maximum aggregate liability to any User in respect of such Liabilities, whether
under all applicable laws of contract, tort or otherwise, shall be limited to
[USD 50] (or the equivalent value of such amount in Philippine Pesos as
converted according to the standard foreign exchange rate).
4. Content Restrictions
4.1. The Tools include various content, imagery, media and
graphics that are protected by trademarks, copyrights or other means for the
benefit of 1914Shop or third parties. Unless explicitly permitted by these
Platform Terms, or otherwise agreed in writing by 1914Shop, no User or any
third party may edit, copy, distribute, publicly reproduce or use any Tool for
any purpose other than the purpose set out in clause 2.1 of these Platform
Terms. Copyright information and brand names may not be changed, hidden or
removed. The term “content” includes all and any data, images, text, graphics,
music, sounds, sound sequences, videos, software programs and codes, and any
other information provided or developed by 1914Shop, and any such services
available for download.
4.2. Users are obliged to abstain from any measure which may
compromise or interrupt the proper functioning of the Platform, the Tools or
any individual services or functions on the Platform. Users are also required
to abstain from any measure which may allow unauthorized access to data.
5. User’s Obligations
5.1. Each User acknowledges and agrees:
(I) to comply with all applicable laws and regulations when using
the Tools;
(ii) to comply with all third-party terms (including, without
limitation, any applicable terms of use, policies and guidelines, as well as
third party terms of sharing channels that a User may use to invite others to
use the Tools) that apply to the use of the Tools used by such User;
(iii) to be responsible for all information that is communicated,
submitted or transmitted, whether to 1914Shop or third parties, from such
User's account or device in the course of such User’s use of the Tools;
(iv) not to use the Tools or permit the use of the Tools in any
manner which may adversely affect other Customers' or Users’ use of the Tools
or the goodwill or reputation of 1914Shop or the 1914Shop group of companies;
and
(v) to be responsible for complying with these Platform Terms.
5.2. Where 1914Shop, in its sole discretion, discovers or suspects
that a User has breached any of these Platform Terms or the relevant Additional
Terms, 1914Shop may take all such steps and remedies as it deems appropriate,
without need for prior notice to the User. Such steps include, without
limitation:
(I) to investigate such User's account;
(ii) to prevent, restrict or suspend the access of such User to
the Tools (or any part thereof) or the Platform;
(iii) to report any activity, it suspects to be in violation of
any applicable law, statute or regulation to the appropriate authorities and to
co-operate with such authorities;
(iv) to forfeit any rewards which a User may have received due to
the User’s use of the Tools; and
(v) to cancel any Orders placed during a User’s use of the Tools.
6. Data Collected by 1914Shop
6.1. 1914Shop may collect information from the Users in the course
of their use of the Tools. Such information may include personal information such
as photographs, date of birth, names, and usernames that a User may upload,
provide or use.
6.2. Any personal information that 1914Shop collects may be used
by it, or shared with or transferred to third parties (including related
companies, third party service providers, and other Users), for any or all of
the following purposes:
(I) to display on scoreboards on the Platform (as defined in the
Terms of Use) in relation to the Tools;
(ii) to facilitate the administration of the Tools and any rewards
associated with the Tools; and
(iii) to otherwise facilitate the use of the Tools.
6.3. For the avoidance of doubt, the Privacy Policy (and the
notification of the purposes of data collection therein) as referred to in the
Terms of Use shall apply to all personal information referred to under these
Platform Terms.
7. Miscellaneous
7.1. If at any time any provision of these Platform Terms or any
Additional Terms shall be held to be illegal, invalid, or unenforceable, in
whole or in part, the provision shall apply with whatever deletion or
modification is necessary so that the provision is legal, valid and enforceable
and gives effect to the commercial intention of 1914Shop. To the extent it is
not possible to delete or modify the provision, in whole or in part, under this
clause, then such provision or part of it shall, to the extent that it is
illegal, invalid or unenforceable, be deemed not to form part of these Platform
Terms or the relevant Additional Terms, as the case may be, and the legality,
validity and enforceability of the remainder of these Platform Terms or the
Additional Terms (as the case may be) shall, subject to any deletion or
modification made under this clause, not be affected.
7.2. 1914Shop reserves the sole right to alter, modify, add to or otherwise vary these Platform Terms at any time and from time to time, and in such manner as 1914Shop deems appropriate at its absolute discretion. In the event of variation of these Platform Terms, if you continue to use the Tools thereafter, you shall be bound by the Platform Terms as so amended and shall be deemed to have accepted the Platform Terms as so amended.