TERMS AND CONDITIONS
BY ACCESSING OR USING THIS WEBSITE (“WEBSITE”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS” OR “TERMS”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
Cortex Technologies Corporation (“CTC”) knows that your privacy is important. Please refer to CTC’s Data Privacy Statement in the Website, which explains CTC’s policy on collection, use and disclosure practices regarding any personal information that may be provided to CTC.
CTC may, at its sole discretion, change, add, or delete portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions for changes prior to use of the Website and, in any event, your continued use of the Website following the posting of changes to these Terms and Conditions constitutes your acceptance of any changes.
1. The Website
1.1 The Website is an e-commerce platform which allows users to browse and purchase CTC’s partnered products from CTC.
1.2 The Website also serves as a source of information for details of CTC’s products and services. CTC products and services are limited to the ones listed on the Websitte.
1.3 CTC will constantly update its offerings of products and services on the Website. In case of unavailability of a product after submission of an order by a buyer, CTC shall immediately inform the buyer of the unavailability of the product and the cancellation of the order, through the most appropriate means.
1.4 CTC cannot and does not guarantee the accuracy or completeness of any information including prices, product images, specifications, availability, and services. CTC reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
2.1 If you wish to purchase any product made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, credit card number, the expiration date of your credit card, your billing address, and your shipping information.
2.2 You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CTC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CTC has the right to suspend or terminate any Purchase or transaction and refuse any and all current or future use of the Website.
2.3 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
2.4 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product availability, errors in the description or price of the product, error in your order or other reasons.
2.5 We further reserve the right to refuse or cancel your transaction if fraud or an unauthorized or illegal transaction is suspected.
3. Verification and Payment
3.1 The prices indicated in your order shall not be subject to any variations and, unless otherwise agreed in writing, shall include fulfilment costs (e.g., packaging, storing, taxes, etc.), as well as charges, service fees and risks, if any, related to the fulfilment of the Purchase. Once you have indicated the payment details and the transaction has proceeded as a successful sale, the Purchase will be automatically processed for order fulfilment. Shipping fee will also be presented on a separate line upon check out and will be included in the sum of your total bill.
3.2 Payments may be made through the nominated payment gateway partner of CTC. All disputes on payments should be coursed through the payment gateway partner, issuing bank (if credit card), or the channel as to where payment has been made.
4. Order fulfilment
4.1 You acknowledge and agree that CTC’s logistic provider, will be utilized in order to fulfil the delivery.
4.2 Delivery coverage of the products will be limited to specific areas of Greater Metro Manila and selected areas in CALABARZON. Specific covered cities are listed as follows: Batangas, Caloocan, Cavite, Laguna, Las Pinas, Makati, Malabon, Mandaluyong, Manila, Marikina, Muntinlupa, Navotas, Paranaque, Pasay, Pasig, Pateros, Quezon City, Rizal, San Juan, Taguig and Valenzuela.
4.3 Delivery rates may vary, depending on the area of delivery point. A standard delivery fee of PHP100.00 within Metro Manila and Php150.00 for outside Metro Manila will be charged. Shipping fee will also be presented on a separate line upon check out.
4.4 Delivery will take place within 7-9 working days if within Metro Manila and within 9-15 days if outside Metro Manila, upon payment confirmation. Shipment will be made in the Shipping Address as indicated by the buyer. You agree that in the event you make changes in the product or shipping details, which changes result in additional charges, then such additional charges shall be for your account.
4.5 We only allow cancellation within 24 hours upon order. Otherwise, we will process your order accordingly. Order cancellation will not be allowed once we have already processed your orders. This is to prevent any delays in shipment and fraud transaction.
4.6 Buyer will be responsible for all costs incurred to ship the products as well as the outbound cost of any misdelivery [meaning any Purchase which cannot be successfully executed because (a) the delivery address reported is not correct; (b) you are not reachable after various attempts –the number of delivery attempts will be defined by CTC; or (c) you refuse and cancel the Purchase when the product is delivered to the address specified on the order] or return of products, including cost of freight and transit insurance. Any costs assessed against or incurred by CTC in relation to shipping will be on your account.
5. Contests and Promotions
6.1 The warranties with respect to a product are as stated in the warranty certificate accompanying the product.
6.2 The warranties, conditions and remedies stated in the warranty certificate of a product are given by CTC in lieu of any other warranties, express or implied. CTC and its vendors disclaim any implied warranty of merchantability or fitness for a particular purpose or any similar standard imposed by applicable legislation. CTC’s responsibility to repair, replace, or offer a refund for defective units, parts and related items is the sole and exclusive remedy provided for breach of these warranties.
7. Return and Refund
7.1 Replacement or return of products due to a change of mind is not allowed. Only defective products can be replaced or returned. If the product is deemed defective, kindly send an email to CTC at firstname.lastname@example.org and a Customer Service Representative will get in touch with you to investigate and provide you with instructions on the matter.
7.2 Returns or refunds will only be allowed if the product is proven to be: defective, the wrong size, the wrong item, missing accessories, or damaged.
7.3 Please note that the item must be in its original delivery condition and sent back to us with prepaid shipping charges and insured for the full purchase price, with original copy of Sales Invoice. Shipping and handling charges are non-refundable.
7.4 For approved refunds without the actual product, refund payment to the customer shall be made within 30 days from approval.
7.5 For refund requests with the actual product, CTC will notify you of the status of the refund within a reasonable time after the product has been pulled out for inspection.
8. Intellectual Property
8.1 CTC owns all rights, title and interest in the Website. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.
8.2 The CNX Home logo and other related graphics, logos, service marks and trade names used on or in connection with the Website are the trademarks of CTC and its licensors and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Website are the property of their respective owners.
8.3 CTC will own all account information about purchasers of its products through the Website, the information about the sale of products to customers through the Website and information related to the transactions including payments, service fees, disbursements, refunds, penalties and adjustments.
9. Indemnity and Limitation of Liability
9.1 You agree to defend, indemnify and hold harmless CTC, its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Website, by you or any person using your account and password, (b) your breach of these Terms and Conditions, (c) your violation of any rights of other parties using the Website or (d) your violation of any applicable laws, rules, or regulations. You agree that the provisions in this section will survive any termination of your account, the Terms and Conditions or your access to the Website.
9.2 In no event shall CTC, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website; (c) any content obtained from the Website; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not CTC has been informed of the possibility of such damage.
9.1 If CTC becomes aware of any possible violations by you of these Terms, CTC reserves the right to investigate such violations. If, as a result of the investigation, CTC believes that criminal activity has occurred, CTC reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. CTC is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Website in its possession in connection with your use of the Website, to (a) comply with applicable laws, legal process or governmental request; (b) enforce these Terms, (c) respond to your requests for customer service, or (d) protect CTC rights, property or personal safety and that of the other users or the public, and all enforcement or other government officials, as CTC in its sole discretion believe to be necessary or appropriate.
9.2 In the event that CTC determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Website, CTC reserves the right to:
a. Warn you via e-mail (to any e-mail address provided to CTC) that you have violated these Terms;
b. Notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or
c. Pursue any other action which CTC deems to be appropriate.
10.1 Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. CTC, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Website will function uninterrupted, is secure or will be available at any particular time or location; (b) any errors or defects will be corrected; (c) the Website is free of viruses or other harmful components; or (d) the results of using the Website will meet your requirements.
12. Force Majeure
12.1 A party shall not be liable to the other party or be deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of its obligations if the delay or failure was due to any event or cause beyond a party’s reasonable control (each an event of “Force Majeure”). Without prejudice to the generality of the foregoing, the following shall be regarded as events of Force Majeure:
a. Act of God, explosion, flood, tempest, fire or accident;
b. War or threat of war, sabotage, insurrection, civil disturbance or requisition, act of terrorism or civil unrest;
c. Acts, restrictions, regulations, prohibitions or measures of any kind on the part of any governmental or local authority:
d. Import or export regulations or embargoes;
e. Interruption of traffic, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of any party herein or of a third party);
f. Health epidemics declared by the World Health Organization;
g. Interruption of production or operation, difficulties in obtaining raw materials labour, fuel parts or machinery; and,
h. Power failure or breakdown in machinery.
12.2 Upon the occurrence of any of the events set out in the preceding article, the parties may agree to fully or partially suspend delivery/performance of its obligations hereunder while such event or circumstance continues. If any of the events set out in the preceding article shall continue for a period exceeding one month, the parties may agree to terminate these Terms.
13.1 Each party warrants that it shall:
a. comply with all applicable laws, rules and regulations;
b. maintain all the necessary licenses, permits and registrations; and,
c. pay, for its own account, all applicable taxes or fees.
13.2 The parties both guarantee that they are in good standing under Philippine laws and have full power and authority to contract with each other.
13.3 These Terms shall be construed and enforced in accordance with the laws of the Philippines.
13.4 In case of dispute, the parties will work together in good faith to resolve the matter prior to resorting to litigation.
13.5 Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.6 If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
13.7 These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.