GENERAL TERMS AND CONDITIONS
Last updated 01 Mar 2019
Hubware is a Philippine corporation, providing service that facilitates your transactions by allowing you to order your preferred hardware products and construction materials through the use of our online platform. Hubware will be the Home and Construction marketplace platform in the years to come. We allow you to process online orders and payments using only your online Hubware account and password.
Please read these Terms and Conditions carefully before accessing or using our mobile application or website..
I. OVERVIEWHubware offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all the Terms and Conditions, policies and notices stated herein. Throughout the site, the terms “Hubware”, “we”, “us” and “our” refer to Hubware. The term “you” refers to you, the user or viewer of the website. The term “AHP” Accredited Hubware Partner refers to the third party vendor. AHP could be a Local Hardware store or a Specialty Store Seller.
By visiting our site and/or availing of the Service offered in this site, you agree to be bound by the Terms and Conditions set forth herein (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or made available by hyperlink. Your acceptance of these Terms shall create a legally binding contract between you and Hubware, with respect to all the provisions indicated herein. These Terms shall likewise apply to all users of the site, including, but without limitation to, users who are browsers, vendors, customers, merchants, and/or contributors of content. Further, a breach or violation of any of these Terms will result in an immediate termination of our Service.
Purchase of products shall further be defined in detail under the TERMS & CONDITIONS OF SALE.
If you do not agree to all the Terms of this agreement, or if you are not eligible to access or use our website, as defined in Item No. II below, then you may not access the website or use our service.
Any new feature or tools which are added to the current website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms 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.
II. ELIGIBILITY OF USER
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site; (ii) that you have not previously been suspended or removed from using the Service; and (iii) that your use of the Service is in compliance with any and all applicable laws and regulations and all agreements that you may have with third parties; and (iv) if you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such entity, organization or company to these Terms and you agree to be bound by these Terms on behalf of such entity, organization or company.
III. GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
This website may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Thus, reproduction is prohibited without our express written permission. By accessing our website and/or availing our Service, 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 though which the service is provided, without express written permission by us.
IV. DESCRIPTION OF USE
Hubware provides Service that facilitates account information, online order or buying of preferred hardware products and construction aggregate materials, and online processing of your transactions. An email address is required to create a Hubware account whether as a Hubware customer or as Hubware Accredited Partner. As such, we allow you to process online orders and payments using only your online account information, without storing or sharing your information with the site.
It is your responsibility to know and understand these rules and regulations set out in this Terms. It is likewise your responsibility to maintain the confidentiality and security of any and all online banking access information that you use to access Hubware’s Service.
In order for you to be able to access and use our Service, you may be required to provide us with necessary information, such as login credentials, security and authentication information, to access and use your designated bank account to make the requested order and/or payment(s), or verify, or retrieve certain information.
Among other things, you may be asked for the following information:
- a. Email Address
- b. Delivery Address
- c. Contact Number
- d. Other personal identification data (full name/identification number)
By using Hubware’s Service and by providing Hubware with the necessary account information to access and use your Hubware account to make the requested order(s), or verify, or retrieve certain information, you hereby authorize and appoint Hubware to act as your attorney-in-fact and agent to access or retrieve your account information and make online orders and/or payments as your online transaction processor on your behalf.
You likewise grant Hubware a limited power of attorney to access transaction sites, collect and use your information, and do all acts necessary to be done in connection with and to fully facilitate your transaction(s) using our Service, for all intents and purposes as you might or could have done in person.
Hubware may charge fees associated with its Service.
By using Hubware’s Service, you authorize Hubware to process and use your provided information, for the following purposes:
- (i)Accessing your account. This includes accessing information pertaining to your transaction or orders and, in necessary, your bank account together with your personal identifiable information;
- (ii)Verifying your identity and personal identifiable information, your ownership of the designated account, and your authority to use it; and
- (iii)Confirming that your designated bank account is in good standing; and
- (iv)Supplying relevant merchants and third parties with retrieved and/or verified information (excluding your online banking access credentials) to facilitate the transaction.
VII. PRIVACY OF ONLINE BANKING ACCESS CREDENTIALS
For transactions requiring your bank account information, the responsibility of maintaining the confidentiality, security, and control of your online banking access credentials that you use shall remain with you. If you have reason to believe that your personal account, including bank account, has been compromised and is no longer secure, you must notify us at [email protected]
Hubware shall not store and share the information you provided or retrieved from you including but not limited to your online banking access credentials, security, and authentication information.
VIII. LIMITATION OF LIABILITIES
Hubware will use reasonable efforts to provide you with the Service, including, if applicable, to properly make timely confirmation of orders to you or or third parties. However, you shall be responsible for the completeness and accuracy of the necessary information you provide.
Hubware shall not be responsible and shall not incur any liability for failure to provide Service under the following circumstances:
Delay caused by system failure or upgrade, if you have been notified of such prior to using the Service and yet you continue to use it despite said notice;
Failure on your part to provide complete and accurate information necessary for us to provide and complete the Service;
Insufficiency of funds in your designated bank account to complete the transaction;
Delays beyond the control of Hubware, specifically but not limited to delay in the handling and posting of payments by merchants or financial institutions including your Bank;
Delay caused by third parties;
Force majeure events such as but not limited to earthquake, typhoon, flood, fire, governmental acts or directives, strikes, work stoppage, equipment or facilities shortages, or other unforeseen events of which the happening and consequences cannot be prevented or avoided; or
Any other event similar to the abovementioned.
In no case shall Hubware, 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 the Service, or for any other claim related in any way to your use of the Service, 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 Service, even if advised of their possibility.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
IX. UNAUTHORIZED TRANSACTIONS OR ORDERS
“Unauthorized Transactions” refer to transactions, orders, or payments that reflect on account, your bank statement, and/or payment history but that you did not authorize or did not accrue to your benefit. It is your responsibility to regularly review your transaction history, bank statements, and/or payment history to identify any unauthorized transactions. Upon discovery of unauthorized transactions or orders made on your Hubware account, you must notify Hubware immediately at [email protected]
X. TRANSACTION LIMITS AND REFUNDS
Hubware may, in its sole discretion, apply transaction limits on a per transaction or aggregate basis from time to time. Rules on refunds are provided in the TERMS & CONDITIONS OF SALE.
XI. THIRD-PARTY SITES AND LINKED WEBSITES
By using Hubware’s Service, you authorize us to access the online banking website of your designated bank, as well as other third-party sites, on your behalf, to acquire and verify necessary information in relation to the use of our Service. Furthermore, by using Hubware’s Service, you authorize us to use the necessary information you have provided or which have been collected from you, including but not limited to your bank account login credentials, security and authentication information, in order to configure the Service’s compatibility with third-party sites for which you submit your information.
Hubware is not sponsored or endorsed and has no relationship to, affiliation, or connection with any third-party site accessed by Hubware in relation to the delivery of the Service. 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. For your protection, 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.
Third-party links on our site may likewise 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.
XII. PROHIBITED CONDUCT
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 Service 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 Service or any related website, other websites, or the Internet including without limitation by disabling or circumventing features that prevent or limit use or copying of any content, or reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof; (l) making unsolicited offers or advertisements to other users of the Service, and (m) attempting to collect personal information about users or third parties without their consent.
The use of this website for any of the prohibited use above-mentioned may give rise to criminal liability and/or a claim for damages. Any assistance or permission to any person(s) in engaging or attempting to engage in any of the activities described in this Section may likewise give rise to criminal liability and/or claim for damages.
We reserve the right to terminate your use of the Service or any related website for committing any of these prohibited acts.
XIII. TERMINATION/ DISCONTINUANCE/ MODIFICATION OF USE
Prices for our Service are subject to change without notice. We reserve the right at any time to modify or discontinue the service (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, discontinuance, or termination of the Service.
We reserve the right to terminate or suspend access to this website and to its Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation to your breach the Terms specified herein. In such case, you will remain liable for all amounts due up to and including the date of termination.
All provisions of the Terms specified herein which by their nature should survive termination shall survive termination, including, without limitation to ownership provisions, warranty disclaimers, indemnity and limitation. Furthermore, 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 are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
You may terminate your use (and any future use) of the Service at any time by contacting customer service at [email protected].
XIV. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions 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.
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.
XV. PERSONAL INFORMATION
XVI. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to our Service. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in these Terms or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You acknowledge that information and materials on our site may contain inaccuracies or errors and we expressly exclude ourselves from liability for any such inaccuracies or errors to the fullest extent permitted by applicable law.
You agree to indemnify, defend and hold harmless Hubware and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
If for any reason, one or more of the provisions of these Terms and Conditions is declared invalid, illegal, or unenforceable, such provision/s shall be deemed removed, and the invalidity, illegality, or unenforceability of such provision/s shall not affect the rest of the Terms, which shall remain in full force and effect.
XIX. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 of our website and/or Services following the posting of any changes to these Terms constitutes acceptance of those changes.
XX. CONSENT TO ELECTRONIC COMMUNICATION
Your use of our Service signifies that you consent to receiving certain electronic communications from us. You further agree that any notice or communication sent to you electronically satisfies any written notice requirement by law.
XXI. CONTACT INFORMATION
The services provided herein are offered by Hubware located at
Unit 3, 2nd Floor, VM Mall, Roman Cruz Ave.,
Soldiers Hills Village, Brgy. Putatan, Muntinlupa City .
If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, correspond with us or simply want more information about our services, you may send correspondence to the address provided above or email us at [email protected]
TERMS & CONDITIONS OF SALE
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
Hubware reserves 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.
II. PURCHASE OF PRODUCTS
- 1. Product Definition: While there is a product description, Hubware warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause VI of these Terms & Conditions of Sale shall apply.
- 2. Order process: You may place order on the Platform by clicking CONFIRM ORDER Button. Customers are responsible in the accuracy of their order once they have confirmed.
- 3. Cancellation Period: An order can only be cancelled within 12 hours from the time the order was placed.
- 4. Acknowledgement of Orders: Hubware reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion. You acknowledge that unless you receive a notice from Hubware confirming your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and, accordingly, Seller shall not be liable for any Losses which may be incurred as a result.
- 5. Termination by Accredited Hubware Partners in the event of pricing error: Accredited Hubware Partners reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Hubware shall, on behalf of Seller, notify you of such cancellation by giving three days’ notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product.
- 6. Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by AHP via the Platform,under the “Product Description” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
- 7 Customer’s acknowledgement: acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Hubware or Seller. You also acknowledge and agree that, to the extent allowed under Philippine law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Accredited Hubware Partners otherwise could and you agree that such exclusions on liability are reasonable.
III. DELIVERY OF THE CONFIRMED ORDERS
- 1.Address: Delivery of the Products shall be made to the delivery address you specify in your Order either by Accredited Hubware Partners.
- 2.Delivery charges: Delivery charges shall be as set out in the Order and is relative to your location and the location of the accredited Hardware Partner who will fulfill the order.
- 3.Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
- 4.Delivery lead time: : 2-7 days standard lead-time or as specified by the AHP. All delivery timeframes given are estimates only and delays may occur. If the delivery of your Product is delayed Accredited Hubware Partners will inform you accordingly.
- 5.Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Accredited Hubware Partners’s fault) then, without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
IV. PRICES OF PRODUCTS
- 1.Published Price: The price of the Products payable by a Customer shall be the Published Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).
- 2.Taxes: All Published Prices are subject to taxes, unless otherwise stated. Hubware reserves the right to amend the Published Prices at any time without giving any reason or prior notice.
- 1.General: You may pay for the Product using any of the payment methods prescribed by Hubware from time to time. You acknowledge that Hubware is entitled to collect payments from you on behalf of Third Party Vendors.
- 2.Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Hubware), for any failure, disruption or error in connection with your chosen payment method. Hubware reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
- 3.Invoicing: Hubware and/or AHP may invoice you of any payment of your order.
- 4.Failure to pay: : If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer order or suspend delivery of the Products until payment is made in full.
- 5.Refund of Payment: Payment reversals for cancelled orders beyond cancellation period will incur charges based on Paynamics policies.
VI. RETURNS/ REPAIRS/ REPLACEMENTS
1.Return Policy: Permitted returns is 7 days from the date of delivery of the item/s. AHP is not obliged to agree to any return unless all such instructions are followed to AHP and HW’s satisfaction. Should AHP agree to the return, AHP will deliver the replacement Product to your specified address.
- Step1: Email [email protected] or call Hotline (02) 8384460 / (0933) 8166044
- Step2: State your name, delivery address and order number, Order Number
- Step3: Hubware will process the return/replacement concern and shall arrange necessary pick up and delivery of item or items for return/replacement
- Step4: Get receiving copy from the AHP
- Step5: Wait for advise on either Replacement / Refund
Permitted returns are as follows:
- a. Item/s that is fundamentally different in product specifications in the platform; or
- b. faulty or damaged Product; or
- c. received incomplete parts/items
- 2Permitted returns must be replaced by AHP, otherwise refund shall be given to the Customer based on Refund Policy
- 1.Refund Policy: Refund process commence upon receipt of the returned item/s. Quality evaluation usually take 2-3 days but may be extended as needed.
- 2.Schedule of Refund: Credit card / Debit card mode of payment may take 5- 45 banking days but may be extended depending on the bank/s or payment provider processing time. COD mode of payment may take 2-7 banking days.
VIII. QUESTIONS AND COMPLAINTS
If you have any questions or complaints, please contact Hubware using the “Contact Us” page on the Platform. Hubware Corporation will mediate with Sellers on your questions and complaints.
IX. TERMINATION AND CANCELLATION
- a)Cancellation by you: You may cancel the order within 12 hours from the time the order was placed.
- b)Cancellation by Accredited Hubware Partners: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Accredited Hubware Partners, or Hubware acting on Accredited Hubware Partners’ behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the order with immediate effect by written notice to the Customer on or at any time after if Products under the Order being unavailable for any reason.
X. LIMITATION OF LIABILITY AND RISK; PROPERTY OF THE GOODS
- a)Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Accredited Hubware Partners has tendered delivery of the Goods.
- b)Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until Accredited Hubware Partners has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Hubware to the Customer for which payment is then due.
- c)Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Hubware's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.
- d)The Customer agrees with Hubware that the Customer shall immediately notify Hubware of any matter from time to time affecting Hubware’s title to the Goods and the Customer shall provide Hubware with any in-formation relating to the Goods as Hubware may require from time to time.
- e)Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) Hubware shall be entitled at any time to demand the Customer to deliver up the Goods to Hubware and in the event of non-compliance Hubware reserves its right to take legal action against the Customer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.
- f)The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Hubware but if the Customer does so all moneys owing by the Customer to Hubware shall (without prejudice to any other right or remedy of Hubware) forthwith become due and payable.
- g)If the provisions in this Clause IX are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.
- h)The Customer shall indemnify Hubware, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Hubware's rights under this condition.
- i)Sole remedies of customer: The remedies set out in Clause VI are the Customer’s sole and exclusive remedies for non-conformity of or defects in the products.
- j)Maximum Liability: Notwithstanding any other provision of these terms & conditions of sale, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to Seller under such customer contract.
- k)Exclusion of liability: Hubware 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: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with Seller’s instructions on the use of the products (whether oral or written).
- 1.References to “Hubware”: References to “Hubware” in these Terms and Conditions of Sale apply both to Hubware’s actions on its own behalf as AHP (Accredited Hubware Partner) / Third Party Vendor and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract Order.
- 2. Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
- 3. Warranties: The implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of the Consumer Act of the Philippines shall apply.
- 4. No waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.
- 5. Severability: If at any time any provision of these Terms & Conditions of Sale 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 & Conditions of Sale.
- 6. Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, 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 & Conditions of Sale.
- 7. Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Philippines and you hereby submit to the exclusive jurisdiction of the Courts of Makati City in the Philippines.
- 8. Except as provided for in par. (g) hereof, any dispute, controversy, or claim arising out of or relating to this terms and conditions, or the breach, termination or invalidity thereof shall be settled through arbitration under Republic Act 9285 or the Alternative Dispute Resolution Act of 2004.
- 9. Injunctive relief: Seller may seek immediate injunctive relief if Seller makes 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.
- 10. Amendments: Seller may by notice issued jointly with Hubware through the Platform or by such other method of notification as Seller may designate solely through Hubware (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies 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 & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of Hubware (either via the Portal or such other means as Hubware prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
- 11. Correction of errorsAny typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
- 12. Currency: Terms & Conditions of Sale shall be in Philippines Pesos currency.
- 13. Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.
- 14. Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller 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.
- 15. Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its 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 Seller 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.
- 16. Subcontracting and delegation: Hubware reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as Hubware deems appropriate.
- 17. Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.
- 18. Force Majeure:Neither Hubware nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (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 Hubware’s or Seller’s reasonable control.