1. THE WEBSITE
1.1 This page, together with the other documents referred to on it, tells you the terms and conditions (the “Terms”) on which you may make use of our website: shop.prfu.com (the “Site”) whether as a guest or a registered user. Please read these Terms carefully before ordering any Products from the Site. By using the Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree with the Terms, please do not use the Site.
1.2 shop.prfu.com, is owned and operated by World Expos & Concepts Inc. (“We” or “Company”), a Company registered with the Securities and Exchange Commission (SEC) with official address at the Unit 404, Tower I, Bayview International Towers, Roxas Blvd., Paranaque City 1701, Metro Manila, Philippines
1.3 World Expos & Concepts Inc. holds the sole and exclusive license to manufacture and distribute Philippine Volcanoes™ / PRFU merchandise.
1.4 We can be reached via e-mail at firstname.lastname@example.org and through telephone numbers +632 8558341 to 44.
1.5 We reserve the right to change these Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes your acceptance of the amended Terms.
1.6 You are responsible for all access to the Site through your Internet connection and for bringing these Terms to the attention of all such persons.
1.7 You shall not in any way use the Site or submit to the Site or to any user of the Site anything which in any respect:
a) is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
b) is fraudulent, criminal or unlawful;
c) is inaccurate or out-of-date;
d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e) impersonates any other person or body or misrepresents a relationship with any person or body;
f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of the Site’s owners or any third party;
g) may be contrary to the Site’s or Company’s interests;
h) is contrary to any specific rule or requirement that we stipulate on the Site in relation to a particular part of the Site or the Site generally; or
i) involves your use, delivery or transmission of any viruses, unsolicited emails, Trojan horses, trap doors or any such computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
1.8 You agree to comply at all times with any instructions for use of the Site which we make from time to time.
2. REGISTRATION FOR THE SERVICE
2.2 When you register for an Account, and whenever you log on to your Account thereafter, you have the option to sign up to receive, and to opt out of receiving, information emails (such as newsletters, information on offers etc).
2.3 Although we save the information relating to any order that you submit to the Site to purchase one of the products listed on the Website, you will be unable to directly retrieve this information for security reasons. You may access this information by logging in to your Account. You will be able to view information relating to your completed, open or recently dispatched orders and manage and save your address information, any bank details and any newsletter to which you may have subscribed.
3. ORDERING AND PAYMENT
3.1 Before making an Order, you must first register in accordance to Clause 2.
3.3 Once you selected a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including Value Added Tax (VAT), and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are stated in Philippine Pesos.
3.4 You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by PayPal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event, we shall not be bound to supply before we have received cleared funds in full. Your payments will be received and processed by our Payment Service Provider.
3.5 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
3.6 You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
3.7 We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
3.8 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us by email at email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
3.9 If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
3.10 We deliver only those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
4. LIMITATION OF LIABILITY
4.1 This clause 4 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies.
4.2 To the extent permitted by law, our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) PHP500; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action
4.3 We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Site or any material in it or accessible from it or from any action or decision taken as a result of using the Site or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise
5. FORCE MAJEURE
5.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including but not limited to any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
6.1 We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms.
7. AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY
7.1 While we endeavor to make the Site available 24 hours a day, we cannot be liable if, for any reason, the Site is unavailable for any time or for any period. We make no warranty that your access to the Site will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, upgrades, maintenance or introduce new facilities and functions.
7.2 We do not warrant that the Site will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Site or your obtaining any material from, or as a result of using, the Site. We shall also not be liable for the actions of third parties.
7.3 We may change or update the Site and anything described in it without prior notice.
7.4 While we endeavor to ensure that information and materials on the Site are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with services, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Site available to people who use the appropriate password.
7.5 The material contained on the Site is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Site shall not constitute any part of an offer or contract.
8. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
8.1 All trademarks, logos, images, service marks and trade names of PRFU & the Philippine Volcanoes used in the site are intellectual property of the Philippine Rugby Football Union. All graphics and designs are copyrighted property of WORLDEXCO.
8.2 The FILA Logo is the sole property of Fila. Its use on the Philippine Volcanoes™ Replica Jersey is to reflect Fila Philippines' role as the Philippine Volcanoes™ 2014 Jersey Sponsor as it appears on the actual playing jersey. The Philippine Volcanoes™ Replica Jersey is not a Fila manufactured item and no copyright infringement is intended.
8.3 No rights in the design of, or incorporated in, merchandise delivered hereunder shall pass to the Customer except as an integral part of the merchandise. The Customer agrees not to reproduce or cause to be reproduced, either directly or indirectly, such merchandise or designs. The Customer shall have no right to use brands or PRFU or WORLDEXCO copyrights, patents, trademarks, trade names or trade dress unless expressly licensed to use same.
9. THIRD PARTY WEBSITES
9.1 We have no control over and accept no responsibility for the content of any site to which a link from the Site exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which the Site provides a link.
9.2 You must not, without our permission, frame any of the Website onto your own or another person’s website.
10. PHILIPPINES LAW AND JURISDICTION
10.1 These Terms and your use of the Website (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with Philippines law. You submit to the exclusive jurisdiction of the Philippines courts to settle any dispute which may arise under these Terms.