The access and use of our services are through a protected password and are restricted only to our valued customers’ accounts. You can’t obtain and attempt to have unauthorized access to our platform or any services we provide unless you have our permission or you have created your account with us.
If you are under age of 18: you should obtain your parents’/legal guardian(s) consent, their approval of all these terms and conditions and they agree to take liability for your doing, your fees that involve in the use or order of any products and your acknowledgment of these conditions of use and enforcement with them. You must stop using this platform’s services if you do not have the permission of your parents’/legal guardians.
1. Guidelines in General Use and Access of Our Services
1.1. General Use of our Platform Guide:
You commit to comply with all the guidelines, notifications, operational rules and procedures and guidance relating to using the Services or otherwise access to the Portal, as well as any modifications to the above by us, from time to time.
We have the right to amend these guidelines, notifications, operational rules and rules and guidance at a certain time and you will be deemed to always be informed of it and bound by every revision to the above when posted on the Portal.
1.2. Your Restrictions:
You agree to not commit the following:
imitate other person or entity’s identity or distort your connection with any people or entities in other ways
unlawful use of our platform’s services
gaining impermissible access to interfere or interrupt other computer networks or systems connected to our platform’s services
posting, promoting or distributing illegal content through our platform
hinder other users to utilize and enjoy the services of our platform
uploading files or programs that contains destructive contents such as viruses , malicious and harmful codes that may lead our platforms usage be destroyed or may interrupt our customers devices
using our platform’s services other than in accordance with the standard use of policies of any related computer systems or any other applicable internet principles and any related applicable
1.3. Our Platform’s Services Availability
We activity we do prohibits you form accessing any/our platform’s services. Can update, change, suspend or terminate wholly or partially any of the services of our platform from time to time, without providing you a reason or warning and we shall not be responsible if such.
1.4. We do our Data management but we are not obligated to do so
We have all the right but we are not obliged to do the following:
a. screen, display or monitor any of our platform’s services’ behavior and contents. We may do an investigation at our solely and utterly discretion in any infringement of the contract terms as stated herein and may take any action that it considers necessary.
b. prohibits or limit access to our platforms’ products and services by any of our user
c. report to the proper authorities any conduct suspected of violating any relevant law, rule or policy and to comply with those in authorities
d.to demand from you at any time any details and information relating to the use of our services and access to our platform. Also, we exercise our right under this clause but if you refuse to disclose such info and/or records or if we have legal grounds to believe that you have given us incorrect, deceptive or fraudulent details and/or information.
1.5. Our Platform’s Private Policy
For your use of our products and services in our platform access is subjected to the Private Policy as outlined in here.
1.6. Our Sales Terms and Conditions
Purchasing to any of our platforms products and services will be subjected to our Platform’s Terms of Sale.
1.7. Additional Terms and Conditions
In regards to all these term usage, these has use particular aspects of the Platform’s Content which includes all our services, more detailed or modified versions of our Platform’s content which we have provided you or by our subcontractors might be in subject to add in these terms which apply in full power and effect immediately.
2. Our Platforms’ Service Use
2.1. Implementation of this Clause
In contrast to all other terms of service of these usage terms, the following general service terms controlling your use of our platforms’ services are provided in this clause 3.
2.2. Your Limitations
The usage of our platform’s services is limited to all our customers that are authorized and of legal age who has the legal capacity to understand any relevant laws to enter into contracts. Our platform’s customers who break these terms and conditions of our platform or who have been permanently or temporarily suspended to any/all our services may not be allowed to use our platform even they fulfill the requirements of clause 2.2
2.3. Terms of Usage in General
You hereby agree;
a.to use and/or to access our platform’s services solely for purposes and in a legal way in all times and you agree to carry out by the law of any activity related to our services.
b. to guarantee that all details or information you submit or cause to appear on our platforms’ services and products are correct and accept to be solely liable or such information.
2.4. Describing Products in our Platform
Although we seek to provide accurate information describing products and services in our platform, we do not guarantee you that it is always reliable and updated and error-free.
2.5. Products Pricing in our Platform
All selling prices are subjected to taxation unless otherwise mentioned. We all have the right to do amendments to all our platform’s Product selling price list at any time without providing you any reason or advance notice.
2.6. Vendors from Third Party in our Platform
You understand that other entities besides us such as retailers or third party sellers display and sell items on our platform. Either we offer specific products for sale on our platform or a third-party seller may be identified on the product’s web page. To avoid any doubts, each arrangement managed to arrive in for sale of the third-party seller’s products to a consumer is an arrangement between the third party seller and the consumer only and directly.
3. Our Platform’s Membership Accounts
3.1 Login Access
Some services of our platform might be made accessible if and only you create a membership account with us and you provide us your personal information. If you wish to create your membership account, you will be led to our registration form that allows you to input your personal information. And then a username and password for your login access in our platform are needed. Your username and password can be provided and issued by us or you will provide it and we will just accept. We may at any time demand you to update your information or immediately invalidate your username and password without giving you any reason for it and advance notice and we are not responsible for any loss or damage or you cause or connection error or by any reason of such invalidation. You then now agree to keep your username and password confidential and time to time update it. It is your liability to keep your account secure and the disclosing or using your account whether authorized or not. If you have suspected any infringement or unauthorized use of your username and password, you should contact us immediately.
3.2. A claim of Use and Access
You understand and accept that any use of our platform’s services including contents or any related information that can refer to your username and password, shall be considered as the case can be of the following:
a. when you use our platform ‘s services and products
b. when you genuinely issued relevant information or details for post and transmission
You consent to always be bound to any access to our Portal and/or use of Services (whether you allow such accessibility or use or not) and you agree that we are entitled (but not required) to rely upon, depend on or hold you accountable and responsible for such access or use like the same were done or sent by you.
You further accept and consent to indemnify us entirely against these damages due to the use of any Products and services and/or connection to the Portal referred to in your Username and Password
4. Intellectual Property
4.1 Our Ownership
All our Platform’s Contents is owned by us, we managed all the information, functions and features as it is approved by our licensors and providers of our platform’s services. We have all the right to implement our intellectual property to the full extent which is under the law.
4.2 Limited Usage
You are not allowed to replicate or do such actions to any of our platform’s contents, or any material in our platform unless we allow you to or the copyright owners permit you to do so. According to section 4.3, you may only download, use or print our content materials for non-commercial or private use only, providing that you will not change our contents or the copyright owner’s contents and you will retain all copyright and other relevant notices in the contents materials.
4.3. Our Trademarks
Trademarks are our trade names or our third parties’ licensed and unregistered. There shall not be construed as giving license or permission to use of all the trademarks displayed in our platform without our authorized person’s written letter of permission. Even you as meta tags or as backlinks to any other sites.
5. Our Responsibility and Duty Limits
5.1. No Guarantees or Warranties
Our Platform’s Services and its contents are created to be available base on as it is and as it is available for being informative only. No warranties or representations in any of the kind that implies or expressed, which includes the non-infringement warranties of our third party’s rights, names, dealership, excellent quality or suitability for a particular reason, are provided in aggregation with our platform’s contents and services. Without any bias to the aforementioned generality, we do not grant warranties to the following:
a. the reliability, adequately, timely, or the completeness of information and details that are contained in our platform’s services and contents.
b. The services of our platform and its content are secure, uninterrupted or error-free, that anything that can be found is to be corrected.
c. The services of our platform and its content are free of malicious contents such as computer viruses, damaging and corrupting codes, programs, or any files.
d. the protection of your data you that you have provided us through our platform and you have fully accepted the danger that any of your details that are transmitted or received through our platform can be accessed by third parties that are unauthorized and or our platform’s personnel or staff or employee of our third parties claiming to be you or do activities through your authority. Internet communications and digital mail may be prone to interruption, outage transmission, delayed transmitting due to web traffic and inaccurate transmission of data due to the internet’s public nature.
5.2 Exclusion of Obligations
We shall not be obliged or liable to you for any damages occurring directly or indirectly in connection with whosoever caused regardless of the action’s form with:
a. The inability, access and/or use of our platform’s services
b. Relying to any details or records made accessible through our platform and/or our services. You mus did not intervene on such data or information without first checking its contents independently.
c. any malicious, harmful or corrupting process, database or link failure, omission, delay, transmission lag, computer virus or other scripts, agent software or any macros.
d. the use of all or access from any other platform or website connected to the portal, even though we or our staff or workers are told or otherwise expected to be the same possibility.
5.3. You are at Your Own Risk
Any risk of confusion, error, harm, cost, or loss from using the platform is at your own risk and we are not liable for it.
6. Our Platform’s External Links and Alerts
6.1. We Have External Links
We may include external links to other sites or internet contents which are owned or controlled by third party companies for your convenience. Those related websites or data aren’t under our jurisdiction and we are not responsible for any mistakes, inaccuracies, setbacks, libel, fraud, slander, misinformation, indecency, porn, vulgarities, error or other offensive material found in the data of any linked site or the consequences of accessing it. Any external links or contents do not mean to support or inspect those websites or contents and you accept that your access to use such external links or content is at your own risk.
6.2. We Promote
We may add banners, browser plugins and/or similar resources to the Platform to promote the products and/or services of our or our third-party vendors. And you shall not be eligible to receive payment, commissions and/or charges for any such promotional with all due respect.
7. Your Inputs and Your Details
7.1. Your Inputs submitted to Our Platform.
You allow us a non-exclusive privilege of using the information you submit and send to our Platform, which includes but is not limited to your inquiries, complaints, tips, and advice. You also give us the right to use the name you send or your username or any other details we include in connection with your query, feedback or other information while posting your comments or feedback to the Platform. You must not use any face e-mail address or any other information we required that claims be someone like you or deceive us or our third parties about any source of your inputs’ submission. We may or may not publish, delete or do some changes on your inputs’ submission but we are not obligated to do so.
7.2 Your Acceptance to Receive emails from us
You hereby, accept and give your consent regarding all the content or information you have given to us which includes your personal information. You also give the authority to have the collection, use, progression of information you have provided us for emailing you with contents that are promotional and informative and any other communications, updates, or any related content to you. For any spam control law either in the Philippines or wherever this section (7.2) shall be your consent to this provision. You can anytime opt-out of accepting marketing e-mails by clicking in an advertising email on the designated hyperlink or button.
7.3. Disclosure of Your Info
Occasionally, government bodies may require us to reveal certain data in connection to any evaluation or investigation. You agree that requiring us to join a contest which demands by any government authorities, is not required or obligatory.
8.1. Cancellation We Do
8.2. Cancellation Made by You
10.1. Notifications from Us
You may receive any notifications from us if:
a. you will be deemed to be notified on the published date or broadcast by any print or digital media as we may select.
b. sent by mail or leaving at your last registered address shall be considered to have been issued by you on the day after posting or on the day it was sent.
9.2 Notices Made by You
We can only be informed through writing to our address or email address, and upon having a receipt we can only receive. Although we respond immediately to your request, we could not promise that we will always respond quickly.
9.3 Giving Notices is Not Limited to the Above Sections.
From time to time, we may decide to add some additional notices modes which are not only limited to emails or any other kind of communications electronically.
10. In General
10.1. Accumulated Rules and Solutions
10.2. No exception
10.3 Severable Obligation in Contract
10.4. Third-Party Rights
10.5. Governance of Law
All conflicts occurring from or in accordance with the current contract, along with any question concerning its life, validity or expiration, shall be finally settled in compliance with the provisional regulations of the Philippine Dispute Resolution Center, Inc. (‘ PDRCI ‘), which laws shall be considered to be included by definition in this clause. The dispute settlement court is composed of the three arbitrators to be selected in compliance with PDRCI guidelines. The Philippines will be the site of the arbitration. If the rule is quiet the legislative constitution of the whole seat applies to promotional arbitration deliberation. And English is the language that will be used in the arbitration hearings.
10.6 Identifiable Relief
We can immediately seek punitive damages when we make a decent sense judgment that a violation or failure to perform is such that the only reasonable or sufficient remedy is temporary restraining orders or other specific punitive damages.
10.7 Changes or Amendments
10.8 Correcting Errors
Any textual, clerical or any other kind of error or misstatement on our part in every acknowledgment, invoice or any other document shall apply to correction without our responsibility.
10.9 About the Currency
10.10 Our Language
10.11 Full Agreement
11.12 Compulsory and Definitive
You recognize and agree that every record such as records of any services-related phone conversations, if there are any held by us or our providers connected to our platform or in conjunction with it, you are going to be compulsory and definitive to any reason, any data and/or information transmission between you and us shall be definitive. You shall agree that all these documents are admissible in court and also that you hereby not challenge or disagreement the legality, efficiency, consistency or truthfulness of these data simply onto the grounds that these documents are in digital form or were
the output of a computer network and you shall immediately waive any of your privileges, if any, to object to such documents
10.13 Subcontract and Allocation
We reserved the right to allocate or outsource the quality of any of our functionalities in association with our Platform’s Services and reserved the right to use whatever service providers, subcontractor or office on such definitions as we deem necessary.
10.15 Unforeseeable Circumstances
(or other portion thereof) or to any inconsistency, unreliability or inadequacy of the contents of our Platform’s Services where this
is attributable, in or in whole part, explicitly or implicitly to any occurrence or failure within our direct control.
Updated October 30, 2019
Sales Terms and Conditions
1. All About Purchased Products
You consent to agree with all protocols, notes, operational rules and policies and guidance related to the purchasing of items through the Website, as well as any changes to the above, provided by OMPBiz at any time. OMPBiz reserved the right to amend these protocols, notes, operational rules and policies and directives at any time and you are required to be informed of and bound by any revisions to the above as soon as they are posted on the Website.
“Seller” or “Vendor” or “Retailer” or “Dealer” denotes to entrepreneur or company other than OMPBiz (the party refers to in most Terms and Conditions of Purchase as the “Third Party Seller”). Whether such a particular item is offered for sale on the OMPBiz Platform or by a third party seller may be shown on the website advertising the product. The products are sold to you by the Sellers shall be regulated by individual consumer Contracts (see Clause 2.6 for information below) which:
a. Regarding items sold by third-party sellers, contracts are entered into explicitly and only between both the third party seller
b. In the case of items sold by OMPBiz, contracts entered into explicitly and only between OMPBizand you shall apply.
1.3. The Description of the Product
Although Seller attempts to provide an accurate description of the Products, neither OMPBiz nor Seller guarantees that such a description is reliable, recent or error-free. In the case that the product or service you obtain is of a fundamentally different type from the product or service defined in the Program and ordered by you, Clause 6 of these Terms and Conditions of Sale shall apply.
You can place your order by filling out the Order Form on the Portal and pressing the “Send Order” button. The dealer will not accept orders made in any other way. You are responsible for making sure the reliability of the order
1.5. The Orders
The Orders shall be considered to be irrevocable and binding upon delivery through the Portal and the Seller shall have the right (but not forced) to process these Order(s) without your further permission and any further recourse or warning to you. Nevertheless, in some cases, as specified in Clause 8, you may demand the cancellation or modification of the Order, that Seller shall attempt to give effect to a commercially reasonable effort. Despite the above, however, the seller is not obligated to give effect to any application for cancelation or modification of any contract. Information on the cancelation process and the OMPBiz rule can be found here.
1.6. Reservation of rights of the Seller concerning Orders
All Orders shall be subject to approval by the Seller in its sole discretion and any Order accepted by the Seller (such accepted Order referred to as the Customer Contract) shall constitute a separate contract. You accept that unless you get a note from OMPBiz confirming your order, the Seller shall not be party to any legal agreement or promise made between the Seller and you in respect of the purchase or other transactions with the Product(s) and, accordingly, the Seller shall not be responsible for any liability that may arise as a result. To avoid uncertainties, Seller reserved the right, in its sole discretion, to fail to process or approve any order submitted from or through the Portal. Please be aware that there are cases in which an order can not be fulfilled for a variety of reasons. OMPBiz reserved the right at any time to deny or cancel any order for any reason whatsoever. You may be required to provide further confirmation or information, including but not limited to your phone number and address until we approve the order.
1.7. Termination made by the Vendor in the event of a mistake in pricing
The Seller has the right to cancel the Customer Agreement if the Service or Product has been mispriced on the Market, in which case OMPBiz will, on behalf of the Seller, inform you of such termination. Seller or OMPBiz shall have the right to cancel any Customer Agreement whether or not the items have been shipped or are in transit and whether payment has been made to you. On termination of the Customer Agreement under this section, the Seller will refund the fee paid to you for the Item, according to the procedure and deadlines of payment providers and/or transaction partners as set out in clause 4b 2 below.
1.8. Warranty of Products
The warranty concerning an item (‘ Item Warranty ‘) offered under a Customer Agreement shall be as specified by the Seller via the Portal under the ‘ Specifications ‘ tab in the ‘ Product Warranty ‘ area and shall be governed by the terms and conditions therein. The guarantees and conditions, remedies for violation of contract or condition or any other terms and conditions set out in the Service Contract must, if expressly prohibited by the binding law in force, override all other words, warranties, and conditions, either expressed or implied, formal or otherwise. Except as expressly provided in that Goods Warranty, the Seller prohibits (unless expressly prohibited by binding law) any other express or implied terms, guarantees or conditions concerning the Products supplied.
1.9. Acknowledgement by the Customer
You accept and warrant that you have not relied on any terms, conditions, assurances, undertakings, benefits or statements provided by or on behalf of the Customer Contract that has not been expressly stated in the Customer Contract or on any explanation or diagram or requirement found in any file, including any catalogs or promotional material created by either. You further accept and consent that, to the degree permissible under Philippine law, the exclusion of warranties, the exclusion of liability and the exclusion of recourse under these Terms and Conditions of Sale and Customer Contracts shall distribute liabilities between the parties and allow the Seller to sell the Goods at lower fees or rates than the Seller would otherwise have been able to do, and you recognize that such liability exclusions shall be re-established.
1.10. No guarantees or warranties
Without exception to the generality of the preceding Section 2.9 and the degree permissible under Philippine law.
-No provision shall be made or inferred, or any promise shall be given or implied as to the existence or use of the Products supplied, or that they shall be fit for any particular purpose or use under any specific conditions, notwithstanding that any intent or conditions may be recognized or made known to the Seller.
-Every litigation arising out of a violation of any contract or promise or any right of claim, whether explicit or implied, shall be terminated if no action is taken against OMPBiz within six months from the date of sale or the scheduled delivery of the Item.
OMPBIz shall not be responsible for any indirect, accidental, exceptional, consequential or exemplary negligence, including, but not limited to, loss of revenue, reputation, intangible losses and any other form of damages caused by any breach of the tacit or explicit warranty of a third party Vendor on the Products;
Concerning products shipped abroad, keep in mind that any manufacturer’s warranties may not be valid; manufacturer’s service options may not be available; product manuals, directions or safety warnings may not be in the country of destination languages; items (or associated materials) may not be produced in compliance with the country of destination regulations, specifications and labeling requirements.
Seller shall not be responsible for any damage incurred by any third party, directly or indirectly, as a result of maintenance or remedial work carried out without the prior written approval of OMPBiz, and the Customer shall indemnify Seller against any damages arising from such complaints.
The vendor shall not be responsible under the above-mentioned warranty (or any other contract, condition or obligation) if the total price for the Goods has not been paid by the due date of payment in cleared funds.
To the degree permissible under Philippine law, the Seller shall have no responsibility whatsoever for any fault in the Goods occurring after the expiry of the existing Service Warranty, if any.
1.11. The Intellectual Property
Until direct written consent has been received from OMPBiz, the Consumer shall not delete or change any trademarks, signs, copyright notices, serial numbers, names, tags or other identifying marks, icons or legends affixed to any Items.
Where software products, drivers or other computer programs and/or any other design details, technical instructions or guides, drawing or other data (collectively referred to as “Product Resources”) are given to the Customer by the Seller in accordance with the Order, the use and maintenance of the Product Materials shall be subject to the terms and conditions of the permit or use (such as the end-user license).
The Consumer accepts and understands that the Products of the Goods remain the property of the Vendor or its licensors. The User further agrees that any Intellectual Property contained in or connected to the Consumer items remains exclusive and exclusive content of the Seller or its rights holders. Unless otherwise specifically provided in the Order or with the prior written consent of OMPBiz, the Customer undertakes, upon request of OMPBiz, to return the Service Materials and/or any copies thereof.
2. All About Products on Delivery
The shipment of the Items shall be made to the address specified in your order either by the Seller or OMPbiz (or its representatives) on behalf of the Seller.
2.2 Shipping & packaging fees
Shipping and packing costs shall be as provided for in the Order.
You can check the status of the shipment on the Platform’s “Order Tracking” link.
2.4 Timeline for delivery
You agree that the distribution of the Products is subject to the availability of the Products. Seller will ensure every reasonable attempt to offer the Item to you within the timeline specified on the relevant page on which the Product is mentioned. However, you recognize that while the Platform’s inventory data is updated regularly, it is likely that, in some situations, an item may become inaccessible during updates. All production timeframes given are estimates only and delays can occur. If the arrival of your Product is postponed, the Seller will contact you immediately via e-mail and your Product will be shipped as soon as it becomes available to the Seller. The delivery time shall not be of the essence and Seller (or any of its agents) shall not be responsible for any lag of delivery which may be induced.
2.5 Receipt Considered
If you do not receive the item by the expected delivery date and ensure that you contact OMPBiz within 3 days of the expected delivery date, the Seller must try to locate and distribute the product to the best of its ability. Unless OMPBiz does not hear from you within 3 days of the scheduled date of delivery, you shall be considered to have obtained the Item according to your privileges under the Philippine statute.
2.6 Failure of the Customer to take delivery:
If a Customer failed to take delivery of the Items (other than because of any purpose beyond the immediate control of the Customer or because of the negligence of the Seller) without recourse to any other right or remedy applicable to the Seller, the Seller may cancel the Customer Agreement.
3. All About Products Prices
3.1. Price Listings
The price of the Goods payable by the Customer shall be the Listing Price at the time when the order made by the Customer is forwarded (through the Platform) to the Seller. However, mistakes may still exist, such as situations where the value of an object is not shown properly on the website. OMPBiz and/or Seller reserved the right, as such, to deny or cancel any order. In the event of a mispriced item, OMPBIz can, at its sole discretion, either contact you for directions or terminate your order and inform you of such termination. OMPBIz shall have the right to reject or revoke any such order, whether or not the order has been checked or your credit card or bank account has been paid.
All selling prices are subject to tax unless otherwise specified. Seller reserves the right to change the Selling Prices at any time without giving a reason or prior notice.
4. All About the Payments
4.1 In General
You can pay for the Item any time using any of the methods of payment provided by OMPBiz. If you place orders, the final fee will only be paid after approval by the Seller of your order and the establishment of a Customer Agreement. Any payments shall be made to OMPbiz, either receiving payment on its right or serving as a representative of the Vendor (in which the Seller is a third party Vendor). You agree that OMPbiz is are eligible to receive fees from you on behalf of third parties.
Payment options might be subject to additional conditions of terms as stipulated by OMPBiz at any time
4.3. Methods of Payment
You accept that you’re bound to the relevant payment system policy of the consumer. You do not charge against the Sellers or any of its representatives (which may include OMPBiz) any mistake, interruption or error following your preferred method of payment. OMPBiz reserved the right, at any moment, to change or discontinue, either permanently or temporarily, any method of payment without notification to you or specifying any excuse.
The retailer can invoice you for any fee under the Customer Contract on the due date.
4.5 Payment Failure
If the Customer failed to make any payments in accordance with the terms and conditions of the method of payment preferred or the transaction is canceled for any reason whatsoever, the Customer shall have the right to terminate the Customer Agreement or to delay the distribution of the Goods before payment is made in full, without recourse to any other privileges or remedies applicable to the Customer.
4.6 Payment Refunds
a. All reimbursement shall be taken via the original payment platform and to the person making the original transaction, except in the case of Cash on Delivery, where reimbursement may be made by bank transfer or credit in the banking account of the recipient, providing that accurate and complete details of the bank account are issued to us.
b. We do not make any promise of the punctuality of returns to enter your account. Payment processing may take time and is subject to internal processing time by the respective banks and/or payment processors.
c. The costs associated with the reimbursement protocol levied by the transaction bank and/or the compensation service shall be covered by us.
d. Refunds are subject to our approval of a legitimate return of the service.
e. We reserved the right to change the refund payment process at any time without notice.
f. Guidance on the OMBiz refund process can be found here.
5. All About Replacement or/and Return or/and Repairs
5.1 Policy of Return
All returns should be made in compliance with the guidelines provided in the Return Policy below. Seller is not obligated to consent to any exchange unless all these orders are met to the satisfaction of Seller and OMPBiz.
5.2 Returns to be permitted
According to Clause 6.1, inside 14 days and/or 7 days, varying on the service, from the delivery date of the item, you may return the item if you have:
a. Obtain a service that is radically different from that stated in the Customer Contract.
b. Obtain a faulty or broken item
c. Receive a service or product which is not as marketed on the website
d. An incorrect product is delivered;
e. Receive a service or product with lacking parts/items
g. Receive an item that doesn’t fit.
5.3 Replacement, repair or price cut: as an option to returning defective or damaged items under Clause 5.2, the Consumer may order repair or replacement of such items. This demand shall be irrevocable after receipt of the petition to OMPBiz and the Consumer may no longer wish to appeal according to Clause 5.2. Where the Items have not been repaired or replaced in a reasonable time, OMPBiz may, at its absolute discretion, offer the Customer a price decrease concerning the lower value of the Items; Provided that the decrease does not exceed 15% under any conditions. (15%) of the cost of the goods involved. On restoration, upgrade or price reduction, as stated above, the Consumer shall have no further complaints against the Seller.
5.4 Product Replacements
If OMPBiz has issued substitute Products or refunds to the Consumer, non-compliant Items or parts thereof shall become the property of the Dealer and, upon request, these Products or portions thereof shall be returned to the Seller.
5.5 Risk for damage or loss
The threat of damage or loss of the Items shall be passed on to the Customer at the time of delivery and if the Customer incorrectly fails to deliver the Items, at the moment when the Seller (via OMPBiz or OMPBiz agents) has tendered the Items.
5.6 In situations where the consumer refuses to take ownership of the item without sufficient cause or excuse, and returns the item without sufficient cause or reason, as provided for in Clause 5, OMPBiz shall reasonably hold the item for a maximum of fifteen (15) days from the date on which OMPBiz receives the item from the customer.
6. Any Questions, Feedbacks, or Complaint
If you have any concerns or grievances, please contact OMPBizon the “Email Us” section of the Portal.
7.1. You have Cancelled
You can cancel the Customer Agreement before the Vendor deploys the Items under that Customer Agreement by notification to OMPBiz on the Contact Us” section of the Website, according to Clause 1.5. If the items have been delivered, you may not terminate the Customer Agreement but only refund the Products in compliance with Clause 5.
7.2. Seller Has Cancelled
Without recourse to any right of termination here in these Terms and Conditions of Purchase, the Seller or OMPBiz acting on behalf of the Seller, can terminate any Item in transit, suspension of further shipments to the Customer and/or termination of the Customer Agreement with immediate effect by written notice to the Customer at or at any time following any of the following events.
a. Items under the Consumer Contract are not accessible for any reason.
b. The Customer violates an agreement under the Customer Contract;
c. A Consumer initiating a resolution for its termination or a court of the appropriate authority issuing an order for the Customer to cancel and dissolve;
d. Order of administration to the Customer or the appointment of the Receiver or the Receiver taking possession of or selling any of the Customer’s assets
e. The Consumer having a contract or combination with its lenders in particular and appealing to the Court of appropriate jurisdiction for immunity from its creditors.
8. The Dangers and Assets of Products;
8.1 The threat of damage or loss of the Items shall be passed on to the Customer at the point of delivery or, where the Customer wrongfully fails to deliver the Goods, at the time when OMPBiz has tendered the Items.
8.2 Despite distribution and passage of risk in the Goods or any other clause of these Terms, the assets in the Goods shall not be passed to the Customer until OMPBiz has received, in money or currency, payment in full of the price of the Goods and all other goods agreed to be provided by OMPBiz to the Customer for which payment is due.
In the case of cross-border purchases and goods imported from overseas or internationally, the contract of sale shall be deemed to have been entered into or signed at the location where the seller is based.
8.3 Until the items are passed to the Customer, the Customer shall hold the goods as a fiduciary agent and bailee of OMPBiz and keep the goods apart from those of the Company.
8.4 The Consumer confirms with OMPBiz that the Customer shall notify immediately OMPBiz of any matter concerning OMPBiz title to the Goods from time to time, and the Customer shall advise OMPBiz of any information relating to the Products that OMPBiz may need from time to time.
8.5 And at the same time as the property in the Products passes to the Customer (provided that the Products are still in operation and were not resold) OMPBiz shall be entitled at any time to ask the Customer to deliver the Goods to OMPBiz and in the case of non-compliance. OMPBiz reserved the right to pursue legal action against the Customer for the distribution of the Products and also reserves the right to claim damages and all other expenses, including but not limited to legal costs against the Customer.
8.6 The Consumer should not be allowed, by way of protection, to promise or in any way charge any of the Products that remain the property of OMPBiz but, if the Consumer does so, all the money due to OMPBiz by the Customer (without recourse to any other right or redress of OMPBiz ) shall immediately become due and payable.
8.7 If the terms of this condition 8 are not applicable in accordance with the law of the state in which the products are located, the legal concept nearest to the preservation of name in that country shall be deemed to extend mutatis mutandis in order to give give effect to the fundamental purpose conveyed in that situation and the Consumer shall take all necessary steps to give effect to the same.
8.8 The Consumer shall indemnify OMPBiz, all its respective officers, staff, administrators, agents and suppliers against any loss or damages incurred by the Customer in connection with the operation and protection of the rights of OMPBiz under this provision.
9. Liability Limitations
9.1The exclusive remedies of the customer
The remedies provided for in Clause 6 shall be the exclusive and exclusive remedies of the customer for non-compliance and defects in the items.
9.2 Total Responsibility: Despite any other clause of these terms and conditions of service, the total aggregate responsibility of the Seller to you or any other party for any damages arising out of or relating to the selling of goods under each customer contract shall not exceed the amounts paid to the Seller under that customer contract.
9.3Imposition from liability: OMPbiz indemnities shall not be liable to you for any damages whatsoever or any injuries (regardless of the level of intervention) occurring explicitly or implicitly in connection with:
a. sums due from other service users in connection with the purchasing of any product;
b. Sale, use or resale of the items with you
c. Any defects resulting from legitimate wear and tear, deliberate harm, misuse, neglect, injury, irregular processing and/or working conditions, alteration or modification of the goods or failing to comply with the orders of the Seller concerning the use of the items (whether oral or written).
10.1 OMPBiz Reference
References to “OMPBiz” in all of these Terms and Conditions of Purchase shall apply to the conduct of OMPBiz of its behalf as a Vendor and/or as a Portal Manager or as a representative for third party Sellers in respect of every Customer Agreement.
10.2 Subcontract Right
Third-Party Sellers shall be entitled to delegate any rights or responsibilities within these Terms and Conditions of Sale to OMPBiz or any of the approved providers, subcontractors and/or representatives of OMPBiz.
10.3 Inclusive rights or remedies
Unless otherwise specified within these Terms & Conditions of Sale, all conditions of these Terms & Conditions of Sale and the rights or remedies of the seller pursuant to these Terms & Conditions of Sale are inclusive and without distinction and, in addition to any rights or remedies, the seller may have no right or remedy in statute or equity, and the seller may not exercise any right or remedy under these Terms & Conditions of Sale.
The implicit protection under the New Civil Code of the Philippines against concealed faults and consumer protection under Section III, Chapter III of the Consumer Act of the Philippines pursuant.
10.5 There is No waiver
The failure of the seller to enforce these Terms & Conditions of Sale shall not constitute a waiver of these Terms & Conditions of Sale and shall not affect the right to enforce these Terms & Conditions of Sale at a later date. Seller will still be able to use its protection and recourse in any other case where you violate these Terms and Conditions of Purchase.
When, at any time, any provision of these Terms and Conditions of Sale is or is unconstitutional, invalid or impossible to enforce in any manner whatsoever, the legitimacy, validity or enforcement of the remaining terms of this Agreement shall not be compromised or diminished and shall remain in force as if such unlawful, invalid or unenforceable provision had been withdrawn from these Terms and Conditions of Sale.
10.7 Third Party Rights
A person or entity that is not a party to these Terms and Conditions of Sale shall have no obligation under any law in any jurisdiction to impose the terms and conditions of these Terms and Conditions of Sale, regardless of whether that individual or entity has been defined by name, as a representative of a group or as addressing a specific description. Nothing in this Section shall influence the rights of any licensed assignee or transferee of these Terms and Conditions of Sale to avoid doubts.
10.8 Administrative law
These Terms and Conditions of Sale shall be regulated by and read following the provisions of the Philippines.
Every conflict arising out of or in conjunction with this agreement, including any question relating to its life, legality or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (‘ PDRCI ‘) for the time being, which rules are deemed to be incorporated by comparison into this section. The dispute settlement panel shall be composed of three arbitrators selected by the rules of the PDRCI. The site of arbitration shall be the Philippines. Where the Laws of Procedure are void, the substantive rule of that position applied in industrial arbitration proceedings shall apply. English shall be the language to be used in the arbitration proceedings.
10.10 Relief of Injunctive
The seller may seek immediate monetary damages if the seller determines in good faith that a breach or non-compliance is such that a temporary restraining order or other immediate injunctive is the only adequate or appropriate remedy.
10.11 Modifications or Amendments
Seller may change the terms and conditions of these Terms and Conditions of Sale through notice given jointly with OMPBiz through the Platform or by any other type of notification which Seller can appoint solely through OMPBiz (which may include notification through e-mail), that shall take effect on the date stated by the Seller by the above-mentioned means. If you use the Portal or the Services after that date, you are assumed to have accepted the move. If you do not approve a modification, you should stop accessing or using the Portal and the Products and cancel these Terms and Conditions of Purchase. The right of the Seller to amend these Terms and Conditions of Sale in the manner referred to above shall be exercised with the mutual participation of OMPBiz (either through the Portal or any other means as specified by OMPBiz) and pursuant to the foregoing may be exercised without the permission of any person or entity that is not a party to these Terms and Conditions of Sale. The newest version of the Terms & Conditions of Sale applicable to any specific order shall be in effect.
10.12 Error correction
Any syntactical, clerical or any other kind of error or mistake in any receipt, invoice or any other document on the part of the Vendor must be corrected without any fault on the part of the Seller.
Money comparison under these Terms & Conditions of Sale shall be made in the Philippines Pesos.
10.14 Language Versions
Throughout the event that all these Terms and Conditions of Sale are executed or translated in any foreign language version, the English language version of these Terms and Conditions of Sale shall govern and shall bring precedence over foreign language versions.
10.15 Whole Agreement
These Terms & Conditions of Sale shall represent and supersede the entire agreement between you and the Seller about the subject matter hereof and shall override, in full, all previous contracts, correspondence, and arrangements concerning the subject hereof.
10.16 Binding and definitive
You accept and consent that any records (including records of any telephone conversations related to the Services, if any) held by the Seller or its service providers relating to or in connection with the Network and Services shall be binding and binding on you for any reason whatsoever and shall include conclusive evidence of any information and/or data transmitted. You hereby accept that all such documents are admissible in evidence and that you shall not question or contest the admissibility, validity, accuracy or authenticity of such records solely on the basis that such records are in electronic form or are the performance of a computer system, and you hereby waive any of your rights, if any, to object to such records.
10.17 Outsourcing and committee
OMPBiz reserves the right to assign or subcontract any of its duties under the fulfillment of its responsibilities within these Terms and Conditions of Sale and reserves the right to use any service provider, subcontractor and/or agent on such terms as OMPBiz considers acceptable.
You may not delegate your rights within these Terms and Conditions of Purchase without the written permission of the Seller. The seller can grant its rights to any third party according to these Terms and Conditions of Purchase.
10.19 Majeure Force
Neither OMPBiz nor Seller shall be liable for non-performance, mistake, disruption or deviation in the compliance of its duties under these Terms and Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or improperness of the contents of the Platform and/or of the Services, where this is attributed, in whole or in part, directly or indirectly, to an occurrence or malfunction of the Platform or of the Services.
Terms and Conditions of Electronic Vouchers & Cards Gift
1. In General
1.1 The terms and conditions of use of electronic coupons and cards gift sold on the OMPBIz Platform by merchants/vendors shall be regulated by OMPBiz and Sellers terms and conditions of use.
1.3 Customers may refer to the electronic voucher or card gift product section and emails / SMS for any particular terms and conditions, such as, but limited to the time at which they can be redeemed or used, the validity and the expiry dates, if applicable.
2. Electronic Vouchers and Card Gift Security
The customer is responsible for the safety of electronic vouchers and cards gift.
3. Uses and Limitations
4. How to Redeem Electronic Vouchers and Card Gift?
4.1 The guidelines about how to redeem electronic vouchers and cards gifts are made available on the electronic voucher and card gift product section.
4.2 For electronic vouchers which can be used on other platforms or websites,
4.3 For electronic vouchers which can be used in establishments such as, but not limited to, restaurants and hair salons, the redemption and the use of such electronic coupons or card gift is defined on the product section of the voucher. Generally, the code can be brought, if any, or the message related to the electronic voucher or card gift for redemption. If your purchase total exceeds the amount on your electronic coupon or card gift, you can pay the balance by using the method of payment open to the establishment
4.4 For online check-outs where the digital voucher can be used as a form of discount, the balance will be deducted immediately from the total order after entering your pin or voucher code for digital vouchers and gift cards. If your purchase amount is more than the amount of your card gift, you can pay the balance by using the payment method available.
4.5 Multi-redeem may be permitted depending on the seller as much as there is a balance in the price of electronic coupons or cards gift.
5. Refunds and Terminations
1. Electronic vouchers and cards gift cannot be returned or canceled after purchase.
2. A substitute may be permitted if there is a system failure of the merchant or an error in the email and/or address and phone number provided by the customer.
3. Refunds on payments purchased with a card gift which are transferred to a gift card (if you don’t have the card gift anymore, see the refund email address).
4. For the return/exchange of items/services exchanged for cards gift, ensure that the terms and conditions of the sellers are respected and followed.
5. Data Use and Disclosure
5.2 Fulfillment of order may be done by the vendor and the customer may receive direct information regarding the pin code of electronic coupons or cards gift. In the case of offers, buyers have the right to further agree depending on the discretion of the company.
Terms and Conditions in Mobile Loads
1. The Customer will reload the Mobile Load to the prepaid mobile number provided. To avoid cancellation, the Customer shall ensure that the prepaid mobile number provided is active, valid and compatible with the chosen operator or provider.
2. The Customer shall be liable for any mistakes in the delivery of the prepaid mobile number, such as, but not limited to, any cancellations triggered by unused, null or incorrect given mobile numbers and other irregularities committed by the Customer.
3. Mobile loads that use the same number can only be permitted for a limit of 2 (two) times a day.
4. The limit of mobile loads as set out in section 3 shall apply for all types of mobile loads bought.
a. The purchasing of mobile loads is illegal and accused of fraud;
b. Customers utilizing multiple accounts and running multiple checks that are correlated with the same consumer or product category. OMPBiz reserved the right to decide the description of the same customer or similar customer or customer category based on the name, email address, mobile number or other information received by OMPBiz.
c. Purchase of mobile credit to resell.
1. PERSONAL DATA COLLECTION
We can collect your Private data from a variety of sources either from you or our third parties which includes:
1.1 Direct or Indirect Data obtained when you register as an OMPBiz e-wallet user, including your full name, residential address, mobile or telephone number, e-mail address and device information.
1.2 Direct or indirect data obtained during your use of the OMPBiz e-wallet, which includes your bank account numbers, delivery details, billing address, transaction information, credit/debit card, and expiry dates and other check or money involve information (can be found in “Account Data”).
1.3 Registration Details, Account details or other data may be obtained or retrieved either automatically or manually, during your registration as OMPBize-wallet user of the and/or during your use of the OMPBiz e-wallet.
Your Personal Information can constitute the above information obtained by us. We have consistently stated that we do not gather more data from you (whether or not such information constitutes Private information) than is needed for us to provide you through our services and to perform the tasks set out in the next part of this Notice, to protect your account, to fulfill our legal responsibilities, to protect our constitutional rights and to perform our business.
2. PERSONAL DATA USE
We might use your Personal Details for the following purposes:
2.1. Identity Verification which includes your identification during registration to OMPBiz e-wallet.
2.2. Ensure that you are qualified to register as a user of the OMPBiz E-wallet or to use any of the features and capabilities of the OMPBiz E-wallet.
2.3. User Registration processing which allows you to log in using your OMPBiz login access, and keeping and managing your registration.
2.4. Providing you with OMPBiz E-Wallet and other customer services, including enabling the settlement of purchase prices of products and services, delivery and related services for orders, discounts, receiving updates of your payments, and listening to your questions, reviews, complaints or disputes.
2.5. Improving and extending our offerings by researching and developing new features of your OMPBiz E-Wallet or other new services and products that we may deliver at any time.
2.6. Conduct research, analysis or studies, whether oral or written, to manage and safeguard our business, including our information systems infrastructure, to assess the performance of OMPBiz E-Wallet and the other programs we offer and to ensure your satisfaction to our services.
2.7. Analyzing patterns, uses and other habits (whether on a personalized or collated basis) that help us better understand how you and our mutual user base navigate and use the OMPBiz E-Wallet and the related commercial activities carried out, including to maintain our products and respond to customer requests and desires.
2.8. Mitigating risk, conducting creditworthiness and liquidity checks and identifying, detecting, prosecuting, avoiding and/or remedying fraud or other potentially illegal and unethical practices and otherwise protecting the integrity of our payment platform.
2.9. Detection, review, avoidance, and remediation of violations of the Terms and Conditions, all existing internal policies, relevant industry practices, protocols, rules or regulations.
2.10. To make such disclosure of information as might be required by any law or policy of any state relevant to us or our affiliate, public official or a third party, along with any card connection or other payment networks.
2.11. Disclosures could also be made based on any court order, subpoena, legislative request or other legal proceedings or requirement in any nation appropriate to us or our affiliate. To make any disclosure to avoid any harm or loss of money, to report any possible illegal activity or to cope with any claims or potential claims made against us or our affiliates.
2.12. Allowing any diligence and other assessments or reviews of real and potential mergers, acquisitions, funding arrangements, and joint ventures.
2.13. Any legitimate business intent, such as defending you and other users of OMBiz E-Wallet from harm, saving lives, preserving the protection of our systems and services, or safeguarding any of our other rights and/or assets.
We can also use your Private information in other forms which we give clear warning at the time of processing and for which you have expressly consented.
3. MEASURES FOR SECURITY AND RETENTION
We undertake all appropriate actions, including electronic, operational and physical protections, to protect the Private information that we process from deletion, abuse or unauthorized access, release, modification, and destruction.
We must maintain and request that our service providers hold your Private information only as long as it is appropriate for the purposes set out in this notice and compliance with all relevant laws and regulatory standards.
We suggest that you do not disclose your password to anyone else. The username and password will never be asked by our employees in an unrequested phone conversation or an anonymous email. When you share a computer with others, you must not save your login details such as user ID or password to the shared computer.
4. GLOBAL DATA PROCESSING
Your Personal Information may be filtered outside of your state of residence (including outside of the Philippines), OMPBIz and other members of the OMPBIz Partnership, other third parties to whom they may report Private data referred to in 3 above work, subject to all relevant data privacy rules, such as the Data Privacy Act of 2012 and its corresponding rules and regulations. The countries in which your personal information may be processed may not have the same data protection as laws of your country of residence including the Philippines.
5. SERVICES AND WEBSITES THIRD PARTY
The OMPBiz can provide links to other sites and services (including applications operated by third parties) for your comfort and information. Such companies and websites may operate independently of us and may have their privacy warnings and guidelines, which we strongly suggest that you check before using any of their products and carrying out any action on these websites. To the point that any related sites you access are not owned and managed by OMPBiz, we are not liable for their content, privacy policies and the reliability of their products and services.
6. MORE INFORMATION
If you want to contact us, including if you want to exercise any protections that you might have under relevant legislation (like exercising of any option of opting out of information processing), kindly do so by contacting the Data Protection Officer by [email protected]
In the incident that all these Terms and Conditions are in force or interpreted in any language other than English to the degree permitted by law, the English translation of these Terms and Conditions shall govern and prevail over the other language version.
6.2 Full Agreement
All these terms and Conditions will represent and supersede the entire agreement between you and us on the subject matter hereof and shall void in full all previous contracts, correspondence and arrangements with respect to the subject matter hereof.
Definitions of Terms and Interpretation
Definition of Terms
The following terms have defined for these terms and conditions only. Unless otherwise specified by the context:
“Consumer” or “Customer” has the same definition as in the Terms and Conditions of Sale/Purchase and means authorized users of the System and/or the Services.
“Intellectual Property” includes any copyrights, patents, technology inventions, trademarks or brand marks, geographic signs, domains, software design rights, licensed layout rights, model rights, server rights, trade and company titles, rights securing trade secrets or confidential information, rights preserving goodwill or reputation, and any other related and equivalent proprietary rights.
“Price listing” means that the price of the items to be sold to the Consumer as indicated on the System.
“Losses ” implies all punishments, losses, payment amounts, costs (along with legal fees and expenses on a customer basis), fees, bills, actions, behavior, asserts, claims and other liabilities, whether or not foreseeable.
“Materials” implies, jointly, all web pages on the Platform, including details, pictures, references, sounds, visuals, videos, applications, software, and other materials demonstrated or made available on the System and the features or services offered on the Platform.
“Order” indicates your order for items sent via System following the provisions and Conditions of Sale.
“Password” means a unique password that the Customer who has an account with OMPBiz may use in combination with the Username to control the respective Website and/or Services.
“Personal Information” implies data, either true or not, that can be used to recognize, contact or find you. Personal Information may include your full name, e-mail address, delivery address, billing address, contact number, and credit card details.
“Platform” implies web and mobile variations of the site maintained and/or owned by OMPBiz currently located at the preceding URL: www.ompbiz.com.ph and mobile app made available at any time by OMPBiz, such as android and ios versions.
“Product” implies an item (along with any installment of the item or any portion thereof) available on the market to Consumers on the Platform.
“Business Day” indicates a day (except Weekends) wherein banks are usually open in the Philippines.
“Product Guarantee” also means the product warranty offered for the item sold on the system.
“Third Party Seller” implies a seller who, with the consent of OMPBiz, utilizes the Platform services to sell Products and excludes OMPBiz.
“Seller” “Retailer” “Vendor” means a dealer of items as defined.
“Services” indicates the services, data, and functionalities made accessible to the vendor on the platform.
“Trademarks “includes brands, brand marks, product names and logos used and advertised on the Website, including the OMPBiz trademark, which is the domain of OMPBIz Asia Pte. Huh, Ltd.
“Username” pertains to a distinctive username or code that identifies a Customer that has login access with OMPBiz.
“Voucher” refers to the coupon that may be used by the User, according to other terms and conditions, for the cost of transactions on the Website.
“Your” or “you” refer to people over the age of 18 or under the control of a parent or guardian.