Terms & Conditions
The following terms and conditions ("Terms and Conditions") apply to your access and use of this Website and the services provided herein by Netpod / Mayari.com.ph and/or on its behalf. By accessing any page of this Website and/or using the services, you agree to be bound by these Terms and Conditions without limitation or qualification. Please read these Terms and Conditions carefully.
If you do not accept these Terms and Conditions, please discontinue your access to this Website and/or use of the services immediately.
1a. All products and services of the Website are subject to the applicable terms and conditions governing the products and/or services. Please check the applicable terms and conditions of sale associated with the products and/or services you may purchase.
1b. These Terms and Conditions are meant to regulate your access to this Website and they are to be read together with the applicable terms and conditions governing any transaction(s), product(s) and/or service(s) provided on this Website. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transaction(s), product(s) and/or service(s) provided herein, the latter would prevail.
1c. The information, material, functions and content provided in the pages of the Website may be changed from time to time with or without notice at Netpod's absolute discretion. Your continued access or use of the Website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
2a. The materials and information in this Website, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided on an "as is" and "as available" basis. References to materials and information contained in the Website include such material and information provided by third parties.
2b. Netpod does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose with respect to the Website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of the Website, reasonable measures will be taken by Netpod to ensure the accuracy and validity of all information relating to transactions and products and services of the Website.
2c. Further Netpod does not warrant or represent that access to the whole or part(s) of this Website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
2d. Netpod will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
3. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to Netpod you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned and/or licensed by Netpod and/or its content supplier and are protected by copyright, trademarks and other laws. The compilation of all content on this Website is the exclusive property of Netpod and is protected by copyright laws. All software used on this Website is the property and/or licensed to Netpod and is protected by copyright and other laws.
5a. All trademarks, service marks, and logos displayed on this Website are owned and/or licensed by Netpod and/or their respective third party proprietors as identified on the Website.
5b. Unless the prior written consent of the Netpod and/or the relevant third party proprietor(s) of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce, copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of Netpod and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the Website or any other site owned and/or controlled by Netpod .
6. LICENSE AND WEBSITE ACCESS
Netpod grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from Netpod. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Netpod . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) from/of Netpod and/or its relevant third party proprietor without express written consent. You may not use any metatags or any other "hidden text" utilizing Netpod name or trademarks without the express written consent of Netpod. Any unauthorized use terminates the permission or license granted by Netpod.
7. EXCLUSION OF LIABILITY
Netpod herein shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website (or any third party link to or from the Website), reliance on the information contained on the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.
You hereby irrevocably agree to indemnify and keep indemnified Netpod from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by Netpod in connection with or arising from (1) your use or misuse of this Website and the services provided herein, or (2) your breach of these Terms and Conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against Netpod in connection with your use of this Website.
9. WEBSITE LINKS
10. YOUR ACCOUNT
10a. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Netpod reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
10b. You are solely responsible for maintaining the confidentiality of your login name and password to any other person. You are responsible for the use of your account, whether or not authorized by you.
10c. You shall immediately notify Netpod if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account.
10d. Netpod shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your login name and password.
10e. You shall provide and maintain true, accurate, current and complete information about yourself when registering for your account.
11. DELIVERY, TITLE AND RISK OF LOSS
11a. All items (new order / returned)purchased from the Website are made pursuant to a delivery arrangement stated in the term and condition applicable to the product(s) and services(s). The risk of loss and title for such product(s) pass to you upon the delivery (new order or return)of the product(s) ,by Netpod, Mayari.com.ph, vendors / sellers and/or any other third party designated by Netpod.
11b. In the event of any unsuccessful delivery of the product and/or services by Netpod or any other third party designated by Netpod to you, due to your absence in receiving the products and/or services at the designated address agreed by you, you shall solely bear the total cost of further deliveries of the products and/or services to you. You are hereby notified that Netpod shall give no refund to you for the products and/or services under the aforementioned circumstances.
In the case of absence of purchaser, netpod/mayari and/or its third party conractor shall require an authorization letter and any legal valid id presented upfront for verification.
12. PRODUCT AND SERVICE DESCRIPTIONS
Netpod attempts to provide the product and service descriptions as accurately as possible to you. However, Netpod does not warrant that product and service descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.
13. RETURN, REFUND and CANCELLATION POLICY
13aa. Netpod assures and gurantees all customers 100 percent free delivery thus Netpod will not accept in returns due to damages.
13b. If Netpod authorizes a return of the product, Netpod will e-mail you a RMC (Return Merchandise Code) number and instructions for sending the returned product to the respective authorized merchant that have the right to receive the defective product on behalf of Netpod. Defective or Return product must be returned securely packaged and wrapped using its original packaging. Netpod will not be responsible for the delivery cost of your returned product.
13c. After receiving the product, the authorized merchant will examine and test the product for replacement or return in accordance to your complaint. If the defect you described is found valid, the authorize merchant will deliver you a replacement. However, if Netpod is not able to provide a replacement for the returned product for any reason, Netpod will refund you by instructing your credit card's bank or issue a cheque to you as applicable. Cheque will be issued to you within 10 working days from the date of approval.
13d. Maximum of 16 working hour’s Philippine time (8:00 to 5:00) notice of cancellation is required. Notification for instance, in person, via email, mobile phone, or any other means will be accepted subject to confirmation in writing. However refund will not be accepted only item replacement with the same amount or lower. In case of replacement being higher you agree to pay the additional charge or any charge, necessary payment, interest, delivery charge where ever applicable.
14. COLLECTION AND USE OF PERSONAL INFORMATION
Please review our Privacy & Disclaimer, which also governs your visit to Netpod, to understand our privacy practices
15. ITEMS PUT UP FOR SALE
All products and services up for sale is merely an invitation to treat and is not an offer capable of acceptance. All offers by you to purchase any products and/or services on this Website are subject to acceptance by Netpod.
16. LAW AND JURISDICTION
16a. These terms and conditions are governed by and are to be construed in accordance with the laws of Philippines. By accessing this Website and/or using the services provided herein by Netpod, you hereby consent to the exclusive jurisdiction of the courts of the Philippines in all disputes arising out of or relating to the use of this Website.
16b. Netpod makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than in the Philippines.
Netpod reserves the right to terminate and/or suspend your access to this Website and/or your use of this Website at any time, for any reason. In particular, and without limitation, Netpod may terminate and/or suspend your access should you violate any of these Terms and Conditions, or violate the rights of Netpod, of any other user(s), or of any third party(ies).
The failure of Netpod to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
19. MODIFICATION AND SEVERABILITY
Netpod reserves the right to make changes to the Website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.
Netpod is committed to protecting your privacy at all times. We use the information we collect about you to process orders and to provide a more personalized shopping experience.
20a. What information do we collect and how do we use it?
When you place an order, we need to know your name, e-mail address, mailing address, credit card number and expiration date in order to process and fulfill your order.
When you submit a customer feedback, we also ask for your e-mail address, although you can choose not to have your e-mail address displayed with your feedback.
When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL may not be included) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access.
(i) The content of this web site is to provide customers sufficient information about its products and services so that customers can make an informed choice about whether or not to engage in the transaction.
(ii) Provider does not take any responsibility or have any proprietory rights of Web sites linking out of Mayari.com.ph
(iii) However, while Mayari / Netpod will do its utmost to ensure the highest quality from Mayari.com.oh E-commerce site and services, Provider does not warrant that the site or services provided will meet all and any of customer’s requirements. In particular, Provider does not warrant that the e-Commerce site or services will always be available, accessible, uninterrupted, timely, and secure and error free.
(iv) This website and its contents are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, Provider makes no and expressly disclaims all representations or warranties of any kind, expressed or implied, including without limitation to the implied warranties of satisfactory quality, fitness for a general or particular purpose, non-infringement and authenticity of any material or claim, and to any implied warranty arising from the course of dealing or usage of trade.
(v) No oral advice or written information given by Provider or its employees shall be used as a warranty nor shall the customer rely on any such information or advice.
(vi) Provider makes no warranty that the contents of the website are free from infection by viruses or any other malicious works which has contaminating or destructive properties.
All transactions on the Website are to be conducted and payable in Philippine pesos (php), unless otherwise indicated.