terms Gifts Philippines at My Tawag Na Regalo
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  Terms and Conditions  

 

TERMS OF USE

Introduction:
The Tawag na Regalo Web Site (the "Web Site"), with URL address http://www.mytawagnaregalo.com, is an online shopping site under Devine Communications, Inc. ( “DCI”).

Accessing the Web Site:

  • Use of our site:By accessing, browsing and/ or using this website, it means that you comply with the terms and conditions of use as stated below. So please read them carefully. If you do not agree with said terms and conditions, please do not use this site.
  • Age: You must be at least eighteen ( 18 ) years of age to use this site.
  • Policy Modification: Our “Tawag na Regalo” team reserves the right to update, revise and modify existing policies; and to impose new or additional ones at our own discretion. Newly added terms and conditions are deemed effective immediately upon inclusion in this document.

Your Account:

  • Confidentiality and Accountability: As a user of our Web Site, you are expected to ensure the confidentiality of your account ( user name and password );as well as managing access to your computer. In this sense, you are to accept responsibility for all activities under your account/name. This means that you agree not to use the site for or in connection with any of the following activities: spamming, impersonation or misrepresentation of another person or entity, illegal purposes, distribution of any unlawful, harassing and sexually explicit materials, distribution of viruses and any other damaging computer programming routines.
  • Accuracy of Personal Information: You agree to provide us with genuine information about yourself, not misleading, not confidential property of others, and does not violate any other person’s rights.

Use of Information:

  • Product Information/ Content: Tawag na Regalo strives for truthfulness in all our posted content. However, we do not guarantee 100% accuracy, completeness, currency; or freedom from errors. You may investigate reliability of our presented information. As in our policies, we may revise or modify any of our content without notice.

  • Warranty Disclaimer: This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tawag na Regalo,  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tawag na Regalo,  does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Tawag na Regalo does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

  • Electronic Communications: By browsing our site and sending us e-mails, you are expressing your consent to communicate with us electronically, and vise – versa. 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 with your written signature. You further agree that you shall not challenge the validity, enforceability or admissibility of the electronic communications on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print all electronic communications.

  • Copyright:  The whole content of this site – text, graphics, code – is under the copyright as a collective work under the United States and other copyright laws as the property of Devine Communications, Inc, ALL RIGHTS RESERVED. You may print hard copy or electronically copy portions of this site for placing an order with Tawag na Regalo only. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Tawag na Regalo or to purchase Tawag na Regalo products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Tawag na Regalo. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
  • Trademark: All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to Tawag na Regalo or other respective owners that have granted Tawag na Regalo the right and license for use.

  • Pricing:  Prices listed on the site are treated as most current, which extends to your shopping cart. However, said prices are not locked until the order has been placed. Discounts are limited-time offers and are not valid with other offers.

Limitation of Liability: Tawag na Regalo will not be held liable, in any way, for any consequential damages resulting in the use or of inability to use of the products on the site, even if Tawag na Regalo has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification: You agree to indemnify, defend, and hold harmless Tawag na Regalo, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Governing Law and Arbitration: The laws of the state of California (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in the Philippines. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise

Waiver and Severability: Furthermore, no delay or omission by Tawag na Regalo to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Tawag na Regalo. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

Order Acceptance: Please wait for a call or e-mail from us that your order has been received and ready to be fulfilled. We reserve the right, without prior notification to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Availability of Products: Products are considered available as long as they are on stock. We will notify you if we would be unable to serve your order or for any delays.

Quality of Products : All of our products, unless explicitly indicated are brand new.

External Sites:  This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that Tawag na Regalo is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Choice of Law and Choice of Forum
This section states the law that will govern the Terms and Conditions, the transactions that transpire on the web site, and the forum for adjudication of disputes. --
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Tawag na Regalo products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Tawag na Regalo products) must be commenced within one (1) year after the claim or cause of action arises. Tawag na Regalo’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Tawag na Regalo may assign its rights and duties under this Agreement to any party at any time without notice to you.

Payment Terms
Tawag na Regalo charges in US Dollar. If you are living outside the Philippines owning a foreign issued credit card, your credit card bills you in your credit card's preferred currency. Your actual charge will be determined by the exchange rate used by your credit card company. The buyer will have to settle any outstanding amount with the concerning bank according to the policies, terms and conditions of the bank who has the said jurisdiction governing the legal use of that credit card owned by you, the buyer or cardholder.