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TERMS OF USE
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OVERVIEW

These Terms of Use shall govern your use and access of this website and of the services available therein. Please read these Terms of Use carefully before accessing or using our website.

The terms “we”, “us” and “our” refer to Gaisano Malls. Gaisano Malls offers this website, including all information, tools and services available from this site to you, the buyer. By using and accessing this website, you represent that you are at least 18 years old and have read, understood and accepted these Terms of Use. If you do not agree to the Terms of Use, then you may not use this website.


UPDATES OR CHANGES TO TERMS OF USE

Gaisano Malls reserves the right to update, change or replace any part of these Terms of Use, without prior notice, 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 after the changes constitutes acceptance of the updated Terms of Use.

 

PRICING, CONTENT AND SPECIFICATIONS OF PRODUCTS AND SERVICES

The prices, content and specifications of our products and services contained in this website, and its contents, specifications and prices are subject to change without need of prior notice. The prices of products may vary from that sold in Gaisano Malls physical stores.


RETURN POLICY

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to Gaisano Mall’s Return and Exchange Policy.


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We have made every effort to display an accurate description of our products, but we do not guarantee that such description, color, information, price or other content available on the website are accurate, complete, reliable, current, or free of errors. Any reliance on the material and information on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, including but not limited to inaccuracies, errors, pricing or availability, without prior notice. Necessarily, we reserve the right cancel orders if any information in the website is inaccurate at any time without prior notice (including after you have submitted your order).


USE OF THE WEBSITE

By using or accessing this website, you agree that:

1. You will not use the website for any illegal or unauthorized purpose;
2. All the account information you have submitted are true and accurate, and shall maintain the accuracy of such information and update the information when necessary; and
3. You have the responsibility to keep your password and account information confidential.

You should notify us immediately if you know or have reason to believe that the confidentiality of your account has been compromised or there has been unauthorized use thereof.

If fraudulent or wrongful use of account is known or suspected, we reserve the right, at our sole discretion, free of any liability, without prejudice to our other rights in this agreement, to (a) cancel any orders placed; (b) prohibit such account; or (c) suspend or terminate such account.


RIGHT TO REFUSE SERVICE

We reserve the right to refuse service to anyone for any reason at any time.


INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of the Philippines.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly required under applicable law, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.



OPTIONAL TOOLS

We may provide you with access to third-party tools over which we do not own, operate or control. We provide access to such tools without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


USER INFORMATION

Your submission of personal information through the website is governed by the guidelines of the Personal Data Protection Act of the Philippines 2012.  

All other material, information, suggestions, ideas, proposals, plans, questions, comments or other information you submit through the website in any manner (“Communications”) will be considered non-confidential or non-proprietary. We may use all Communications for any purpose, including but not limited to reproduction, transmission, disclosure, publication, broadcast, marketing or deletion. We are and shall be under no obligation (1) to maintain any Communications in confidence; (2) to pay compensation for any Communications; or (3) to respond to any Communications. We take no responsibility and assume no liability for any Communications posted by you or any third-party. However, we reserve the right to remove any or all Communications that includes material we deem inappropriate or unacceptable.


LOCAL LAWS

We do not represent or warrant that the materials or products in this website is appropriate or available for use in locations outside the Philippines. Using this website from jurisdictions where the contents are illegal or unlawful is prohibited. If you choose to access this website from other locations, you do so on your own initiative and shall be responsible for compliance with local laws.


DISCLAIMER

We do not guarantee, represent or warrant that your use of this website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove content, information or any service in this website for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

All products and services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


LIMITATIONS OF LIABILITY

WE AND OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, INCLUDING THAT OF OUR SUBSIDIARIES AND AFFILIATES, ASSUME NO RESPONSIBILITY AND SHALL NOT BE RESPONSIBLE OR LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, BUSINESS INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF ACCESSING THE THIRD PARTY LINKS ON THE WEBSITE OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.


FORCE MAJEURE

We shall not be liable for any breach of our obligations under this agreement if we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including, without limitation to, lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).


GOVERNING LAW & SEVERABILITY

This agreement and all claims between parties are governed by the law of the Republic of the Philippines.

If one or more provisions contained in this agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.


TERMINATION

These Terms of Use are effective unless and until terminated by either you or us at any time, for any reason or for no reason. You are personally liable and shall settle any orders or charges that you incur prior to termination.