FASBATECH INC.
TERMS AND CONDITIONS
INTRODUCTION
The FASBATECH Community website (the Site) and/or FASBATECH Platform
(https://fasbatech.com) provides an interactive online promotional service
operated by FASBATECH INC. (FASBATECH) consisting of information
services and content and transaction capabilities provided by FASBATECH to
FASBATECH Merchants, and FASBATECH Members.
Except for consumer and seller registration purposes, access to and use of
the FASBATECH website (https://fasbatech.com), FASBATECH Platform, or
any website or mobile app associated with FASBATECH is exclusively for
FASBATECH Merchants and FASBATECH Members only and shall be subject
to these Terms and Conditions.
Express agreement to these Terms and Conditions is a precondition to
further access to the password-protected and/or secure areas of the
FASBATECH Platform and/or use of the Services.
With such conformity, registration and official acceptance and recognition as
a FASBATECH Member/Merchant, the Applicant becomes part of the
FASBATECH community, entitled to regulated access and use of the
FASBATECH Platform and/or use of the Services. These rights are personal
and non-transferable. Failure to conform to these Terms and Conditions
makes any access hereto other than for registration purposes
correspondingly unauthorized and may give rise to serious legal
consequences.
CERTIFICATION
Under the penalties of Perjury and other applicable laws, rules and
regulations, the Applicant certifies and represents that he/she has full legal
capacity/has been duly and fully authorized by the establishment he/she
represents to enter into and comply with the instant FASBATECH INC.
TERMS AND CONDITIONS and he/she shall be personally and absolutely
responsible and legally liable for all the legal consequences, including
injuries and damages to all persons affected, including FASBATECH, Inc. and
third persons, directly or indirectly due to and/or caused by and/or in any
way related to any misrepresentation to the foregoing effect.
THE TERMS AND CONDITIONS
By indicating his/her conformity to these Terms and Conditions, the
Applicant manifests that he/she has read the same carefully and fully and
unconditionally agrees that upon official acceptance and recognition as a
FASBATECH Merchant/Member, he/she/the establishment he/she represents
is bound by the herein stated Terms and Conditions.
I. INTERPRETATION
These Terms and Conditions and other FASBATECH issuances are meant to
facilitate the use of and the transactions entered into by and between the
FASBATECH Merchant and the FASBATECH Member through the FASBATECH
Platform and do not limit, diminish, disregard, supplant or supersede
existing laws and regulations issued by competent authority prescribing their
rights and obligations to each other. Whenever a conflict exists between
these Terms and Conditions and other FASBATECH issuances, and existing
laws and regulations the latter prevails.
II. DEFINITIONS
Unless the context otherwise shows, the following expressions herein shall
have the corresponding meanings below:
“Account Number” a unique set of numbers generated by the
FASBATECH Platform as part of a login code which identifies a FASBATECH
Merchant/Member.
“Applicant” the individual merchant or consumer who has signified that
he has read and understood these Terms but has not yet been officially
recognized and accepted as a registered FASBATECH Merchant/Member.
“Applicable laws, rules and regulations” national and local laws,
penal, civil, regulatory or otherwise in nature, their implementing rules and
regulations, lawful/legal issuances for regulatory and other purposes,
amendments and revisions thereto and related jurisprudence in force and
effect or applicable at the time of the Applicant’s conformity to and at such
other times as may be appropriate under these Terms, including but not
limited to Republic Act No, 7394 (Consumer Act of the Philippines), Republic
Act No. 8293 (Intellectual Property Code of the Philippines), Republic Act No.
10175 (Cybercrime Prevention Act of 2012), Republic Act No. 10173 (Data
Privacy Act of 2012), Act No. 3815 (The Revised Penal Code), Republic Act
No. 386 (Civil Code of the Philippines)
Day” - means calendar day (including Saturdays, Sundays and holidays).
Should a period in number of days be herein specified, the same refers to
calendar days. Should the last day of the period fall on a day when offices
and/or agencies necessary for compliance in general are closed, the last day
will fall on the day immediately thereafter when said offices and/or agencies
are open. Should the day referred to be specified as a business day, the
same shall exclude Saturdays, Sundays and non-working holidays when
banks in general are closed.
“Cash-in Request” the act of a FASBATECH Member of depositing or
transferring funds into his fasbawallet through FASBATECH-prescribed online
banks, non-banks and other remittance facilities.
“Confirmation of the order” the state when the FASBATECH Merchant
and FASBATECH Member have agreed to the sale of the product, including
its price, after the specified amount for the purchase has been segregated
from the Member’s fasbawallet for eventual payment to the Merchant,
signified by the Platform’s generation of the Purchase Reference Number to
the Member and notice of confirmation to the Merchant.
“Customer contract” the agreement entered into by and between the
FASBATECH Merchant and the FASBATECH Member for the purchase of
goods and/or services through the FASBATECH Platform.
“FASBATECH” - refers to FASBATECH INC., a stock corporation organized
and existing under the laws of the Republic of the Philippines doing business
under the name and style of fasbareward, fasbatech and fasba.com. The
term includes FASBATECH, INC.’s directors, officers, employees, agents,
contractors, and its/their assigns when duly authorized to act for and on
behalf of FASBATECH, INC. The term when used to identify the FASBATECH
community includes FASBATECH Merchants and FASBATECH Members as
herein defined.
“FASBATECH Platform” or “Platform” - both the web and mobile versions
using “Progressive Web Application” of the website operated and/ or owned
by FASBATECH which is presently located at the following URL:
https://fasbatech.com.
“FASBATECH Member” or “Member” - a natural person with the legal
capacity to enter into contracts/agreements who has read and accepted
these Terms, and all other issuances required for registration with
FASBATECH as a consumer/buyer, and thereafter has effectively registered
online with FASBATECH and has been officially accepted and recognized by
FASBATECH as an authorized user of the FASBATECH Platform; also, a
FASBATECH Merchant who uses the Platform as a consumer/buyer.
“FASBATECH Merchant” or “Merchant” - a natural or juridical person,
other than FASBATECH, with the legal capacity to enter into
contracts/agreements, who has read and accepted these Terms, and all
other issuances required for registration with FASBATECH as a
merchant/seller, and thereafter has effectively registered online with
FASBATECH and has been officially accepted and recognized by FASBATECH
as an authorized user of the FASBATECH Platform.
“FASBATECH Site” or “Site” a collection of accessible interlinked web
pages owned and operated by FASBATECH, INC. containing, among others,
interactive online promotional service consisting of information services and
content and transaction capabilities provided by FASBATECH to FASBATECH
Merchants, and FASBATECH Members.
“FASBAtoken”, “fasbatoken” or “token” - electronic credit which,
subject to these Terms and other FASBATECH issuances, may be used by
the FASBATECH Member as payment of purchases through the Platform and
for other purposes as may be allowed and/or specified by FASBATECH.
“fasbawallet” or “ewallet” electronic depository of a specific
FASBATECH Merchant/Member’s funds, tokens and/or Points Value
“Float” – state wherein a definite amount is segregated for a specific
purchase from the pre-deposited amount in the FASBATECH Member’s
fasbawallet, and held through the FASBATECH cloud server as payment to
the FASBATECH Merchant until such time that the said payment is credited
to the Merchant’s account after such goods and/or services are confirmed by
the FASBATECH Member as delivered.
“Intellectual Property” - copyright, patents, trademarks, service marks,
trade or business names, trade secrets, utility innovations, domain names,
software and application programs, layout design rights, and all other similar
or corresponding proprietary rights and applications for the same, anywhere
in the world, registered or not, and any other product of the human intellect
protected by law from unauthorized use.
“Listing Price” - the price of goods and/or services listed in the
FASBATECH Platform by the FASBATECH Merchant for sale to FASBATECH
Members.
“Losses” - all losses, costs, including legal fees and expenses, charges,
expenses, and liabilities, whether foreseeable or not.
“Materials” collectively, all web pages, data, information, video, sounds,
graphics, software, applications, links, functionalities, services and the like
displayed, provided or made available in the Site, Platform and Services.
“Order Request” the FASBATECH Member’s order for goods and/or
services sent through the FASBATECH Platform to the FASBATECH Merchant
under these Terms and other FASBATECH issuances.
“Password” - the valid password that a FASBATECH Merchant or
FASBATECH Member should use together with the said Merchant or
Member’s username, account number and/or other means prescribed by
FASBATECH to access the FASBATECH Platform and/or Services.
“Personal Data” - information or data provided at the point of registration
with FASBATECH and thereafter by the FASBATECH Merchant/ Member,
whether true or not, that can be used to identify, contact, and/or locate the
said Merchant/Member and may include, among others, the said Merchant or
Member’s name, e-mail address, billing address, shipping address, phone
number, and mobile phone number.
“Platform” - the digital service provided by FASBATECH to facilitate
interactions between FASBATECH Merchants and FASBATECH Members
acting respectively as sellers of goods and/or services and consumers
through the Internet.
“Point Value (PV)” - credit which the FASBATECH Member may acquire
every time the said Member purchases products and/or services from the
FASBATECH Merchant through the FASBATECH Platform and as otherwise
provided in these Terms.
“Purchase Reference Number (PRN) or Quick Response (QR) Code”
a unique set of letters and/or numbers and/or symbols exclusively assigned
to a specific order of a FASBATECH Member to identify and monitor the
progress of the said Member’s order for goods and/or services or when the
FASBATECH Member makes a cash-in request through the FASBATECH
Platform under these Terms and other FASBATECH issuances.
“Privacy Policy” the FASBATECH Privacy policy hereto attached and/or
deemed incorporated by reference as an integral part of these Terms,
including other subsequent FASBATECH issuances on the subject.
“Product” - goods and/or services or part/s or installments thereof
available for sale to a FASBATECH Member through the FASBATECH
Platform.
“Product Warranty” - the warranty provided for a product by the
FASBATECH Merchant.
“Prohibited Materials” any item, goods, services, data, information,
graphics, photographs whose creation, generation, cultivation, manufacture,
production, possession, transmission, sale, delivery, distribution, or use in
any way is prohibited by or in violation of applicable laws (local or national,
penal or otherwise) and rules and regulations at any point from its place of
origin to its place destination, including place/s en route to its destination,
including without limitation such items that infringe on the intellectual
property or any other proprietary rights of others, defamatory, libelous or
threatening material, obscene, pornographic, indecent, counterfeit,
fraudulent, stolen, harmful, or otherwise illegal or prohibited items, and
material containing any computer virus or damaging and invasive program
or code, or any item, goods, services, data, information, graphics,
photographs, materials which FASBATECH in its sole discretion, may deem
objectionable.
“Services” - either the services offered by the FASBATECH Merchant
through the FASBATECH Platform or the services, information, and functions
made available by FASBATECH in the Site and Platform.
SPAM generally unsolicited commercial email or messenger for
promotional or other purposes usually, but not necessarily, in bulk
“SPAM Policy” or “Anti-Spamming policy” - the FASBATECH Anti-
Spamming policy hereto attached as and/or deemed incorporated by
reference as an integral part of these Terms, including other subsequent
FASBATECH issuances on the subject.
“Terms” refers to the instant FASBATECH Inc. Terms and Conditions,
including the Introduction and Certification, FASBATECH’s Privacy Policy and
FASBATECH’s Anti-Spamming Policy hereto attached or incorporated by
reference, amendments or revisions hereto and other FASBATECH issuances.
“Trademarks” - means the trademarks, service marks, trade names, and
logos used and displayed in the FASBATECH Platform owned by the
FASBATECH Merchant, and FASBATECH/fasbatech and fasbareward
trademarks which are properties of FASBATECH INC.
III. GENERAL PROVISIONS FOR ACCESS TO AND USE OF THE SITE,
PLATFORM AND/OR SERVICES
1. FASBATECH’s Role as Platform Provider. The FASBATECH
Merchant/Member acknowledges and agrees that FASBATECH only provides
the Platform or venue for the sale transactions between Merchants and
Members. FASBATECH is not the agent of the Merchant or the Member and
cannot make any representations, commitments, assurances or enter into
any undertaking for and on behalf of one or the other. Further, FASBATECH
is not the distributor, manufacturer, processor, packer, promoter, importer
of, broker for or seller of the goods and/or services offered by the Merchant.
It does not make any representations, warranties or assurances in behalf of
and has no control over the Merchant’s representations, warranties or
assurances regarding the Merchant and the goods and/or services offered
through the Platform; cannot and does not issue official receipts for
purchases made through the Platform except only for FASBATECH products
and/or services, if any; cannot process and grant requests for refunds
and/or exchange of goods and/ or services; or do anything, assume any
duty or obligation, and possess any right or interest that properly pertains to
the Merchant or the Member. While the Platform includes a consumer
feedback mechanism, FASBATECH as a rule cannot address the Member’s
questions and/or complaints and similar concerns about the Merchant and
the offered goods and/or services, or answer the Merchant’s questions
and/or complaints about the Member and the product as ordered and/or
received and/or used or misused and/or sold or resold by the Member and
other similar concerns of the Merchant. Disputes and/or claims for refunds
and/or exchange of purchased goods and/or services and the like shall be
directed, addressed and resolved by the Merchant and Member concerned.
However, FASBATECH, in exceptional cases and solely in its discretion, may
only assist the Member by coordinating with the Merchant for information
regarding the Merchants refund or exchange procedure, if applicable.
2. FASBATECH Merchant/Member’s Obligations/ FASBATECH’s
Acknowledged Rights and Prerogatives. A FASBATECH
Merchant/Member further acknowledges and agrees to all its/his/her
obligations and acknowledges all the rights and prerogatives in favor of
FASBATECH stated expressly, or necessarily implied or included, in these
Terms, including FASBATECH’s Privacy Policy and FASBATECH’s Anti-
Spamming Policy, and amendments or revisions hereto and other
FASBATECH issuances, including but not limited to the following:
a) The FASBATECH Merchant/Member acknowledges its/his/her obligation to
access and/or use the Site, Platform, Services and/or the contents thereof in
good faith and only for lawful or legitimate purposes;
b) The FASBATECH Merchant/Member acknowledges its/his/her obligation to
access and/or use the Site, Platform, Services and/or the contents thereof
strictly in compliance with all the provisions of these Terms, any
amendments/revisions hereto, and all FASBATECH issuances;
c) The FASBATECH Merchant/Member acknowledges its/his/her obligation to
access and/or use the Site, Platform, Services and/or the contents thereof
always with due regard to and consideration of the rights of FASBATECH and
other FASBATECH Merchants/Members to the same;
d) The FASBATECH Merchant/Member acknowledges its/his/her obligation to
provide true and accurate information and data in connection with the
FASBATECH Merchants/Members access and/or use the Site, Platform and/or
Services and to take absolute responsibility for false, misleading, fraudulent
or inaccurate information or data so provided;
e) The FASBATECH Merchant/Member acknowledges that FASBATECH has
the right, without the consent of and without prior notice to the FASBATECH
Merchant/Member, at any time, to amend, revise, vary or prescribe
additional terms and conditions to these Terms, FASBATECH’s guidelines,
instructions, notices and issuances, in whole or in part, including but not
limited to provisions covering the use of specific aspects of the materials and
services, more comprehensive or updated versions of the materials offered
by FASBATECH or its designated sub-contractors, by publishing, posting or
giving notice of such amendment, revision or change in the Platform, or by
such other method of notification as FASBATECH may in its sole and
absolute discretion designate (by e-mail, short message service or a chat
message, regular mail, courier) with binding effect on the Merchant/Member
on the date specified in the notice, or in the absence of such date, upon
publication in the Platform or receipt of such notice by the
Merchant/Member;
f) The FASBATECH Merchant/Member acknowledges the Merchant/Member’s
obligation to comply with any of the aforesaid amendment, revision, change
or variance upon the Merchant/Member’s continuous use of the Site,
Platform and/or Services after receipt of notice effected as aforestated or
after the date specified in the notice, as appropriate, of such amendment,
revision, change or variance in these Terms, FASBATECH’s guidelines,
instructions and issuances;
g) The FASBATECH Merchant/Member acknowledges that the Site, Platform
and Services are owned, licensed to or controlled by FASBATECH, its
licensors or service providers and further acknowledges that the
Merchant/Member has the obligation to secure FASBATECH, its licensors or
service providers, or that of the relevant copyright owners’ prior written
consent before the Merchant/Member can lawfully, directly or indirectly, in
any way use, reproduce, copy, show, transmit, broadcast, reverse engineer,
alter, hyperlink, mirror, or store electronically or otherwise any part or parts
thereof;
h) The FASBATECH Merchant/Member acknowledges that FASBATECH and
other’s trademarks appearing or in any way used in the Site, Platform and
Services are owned, registered or pending registration for them and subject
to their proprietary rights, and that these Terms do not include any
expressed, implied or presumed authority in favor of the FASBATECH
Merchant/Member to directly or indirectly use the same without their prior
written consent;
i) The FASBATECH Merchant/Member acknowledges that FASBATECH has the
right at any time, without need of prior notice or reason, to upgrade, modify,
suspend, terminate or remove, in whole or in part, the Site, Platform or
Services, any feature, content or part thereof, equipment for access thereto,
transmission method, transmission speeds or other signal, and other aspects
of the Site, Platform and /or Services;
j) The FASBATECH Merchant/Member acknowledges that FASBATECH is not
obliged but may, in its sole discretion, exercise its right to monitor, screen,
control or, in the appropriate cases, to remove any activity, content,
material and communication in the Site, Platform and/or Services, to
investigate and take any action FASBATECH deems appropriate concerning
any possible violation of applicable laws, rules and regulations, these Terms,
amendments or revisions hereto and other FASBATECH issuances, to report
any suspected violation of applicable laws, rules and regulations, to
cooperate with in any investigation in connection therewith by competent
authorities, to request any information and data from the FASBATECH
Merchant/Member in connection with the access to and/or use of the Site,
Platform and/or Services;
k) The FASBATECH Merchant/Member acknowledges that FASBATECH has
the right to terminate, prevent, suspend, or restrict any FASBATECH
Merchant/Member’s access to and/or use of the Site, Platform and/or
Services for violation of applicable laws, rules and regulations, breach of
these Terms and other FASBATECH issuances, including failure to comply
with the undertakings herein, and such other causes FASBATECH, in its sole
discretion, may deem appropriate; and
l) The FASBATECH Merchant/Member acknowledges that FASBATECH has the
right to delegate or subcontract the performance of any of its functions in
connection with the performance of its obligations hereunder and the right to
use any service providers, subcontractors and/or agents on such terms as
FASBATECH deems appropriate.
3. FASBATECH Merchant/Member’s Undertakings. In addition to the
prohibitions against and responsibilities for certain acts or omissions stated
expressly, or necessarily implied or included, in these Terms, FASBATECH’s
Privacy Policy and FASBATECH’s Anti-Spamming Policy, amendments and
revisions hereto, and other FASBATECH issuances the FASBATECH
Merchant/Member undertakes not to access and/or use the Site, Platform,
Services and/or the contents thereof --
a) To commit or with intent to commit, directly or indirectly, by act or
omission, anything prohibited by applicable laws, rules and regulations in
any jurisdiction;
b) To commit or with intent to commit, directly or indirectly, by act or
omission, anything in derogation of the legally-protected or -recognized
rights of others within or outside the FASBATECH community;
c) To use, introduce or display or cause to be used, introduced or displayed
prohibited materials in the Site, Platform, Services;
d) To cause risk of material or other damage, imminent or otherwise, to
FASBATECH, FASBATECH Merchants/Members, and third persons, their,
reputations and properties;
e) To provide any false, misleading, fraudulent or inaccurate information or
data in connection with the access to and/or use of the Site, Platform and/or
Services;
f) To commit, by act or omission, others similar or analogous to the
foregoing or prohibited expressly or by necessary implication in these Terms.
4. FASBATECH Merchant/Members’ Account, Username, Password. A
FASBATECH Merchant/Member shall be required to submit online pertinent
information/data prior to the creation/generation of a FASBATECH
account/account number.
FASBATECH has the right to require the Merchant/Member from time to time
to update said information and to require the submission of additional data.
The Merchant/Member has the obligation to immediately notify FASBATECH
if its/his/her data needs updating.
FASBATECH shall issue/generate a username and password for the
Merchant/Member.
Upon official recognition and acceptance of registration with the FASBATECH
community, the Merchant/Member shall access and/or use the Site, Platform
and/or Services through the said account/account number using protocols
involving, among others, the account/account number, username and
password issued/generated by FASBATECH to the Member/Merchant.
FASBATECH may, in its sole discretion and without prior notice, invalidate or
change the Merchant/Member’s username and/or password.
5. Confidentiality of Account Number, Username and Password. The
FASBATECH Merchant/Member shall be solely responsible for keeping the
username and password confidential. Access to and/or use of the Site,
Platform and/or Services and any and all acts, information, data, materials,
communications and transactions done, posted, supplied, used, proposed,
accepted or effected therein by, using or through the Merchant/Member’s
username and password shall be conclusively deemed as from the concerned
Merchant/Member and/or under its/his/her authority. The Merchant/Member
shall immediately inform FASBATECH of any cause or reason to believe that
its/his/her username and/or password have been compromised or used
without its authority.
6. FASBATECH Merchant/Member’s Submission of Information, Data,
Communications. All materials, information, data, records, documents,
communications (including but not limited to, questions, reviews, comments,
feedback, reactions and suggestions) images, photographs, illustrations,
charts, graphics and visuals submitted, posted or otherwise displayed by the
FASBATECH Merchant/Member in the Platform and Services are its/his/her
sole and absolute responsibility. The same are deemed submitted, provided,
posted or displayed with a non-exclusive license or permission for
FASBATECH to use the same and to use the name or username of the author
(Merchant/Member) in connection with such content. FASBATECH, however,
shall not be deemed obligated to, publish, remove, or edit any of the
foregoing.
7. Receiving e-mails. The FASBATECH Merchant/Member unconditionally
consents to the collection, processing and use by FASBATECH of any
information or data (including personal data) provided by the
Merchant/Member to send by e-mail or otherwise any information,
communications, notices, updates, including promotional e-mails, to the said
the Merchant/Member. The Merchant/Member’s right not to receive
promotional e-mail shall however be respected upon clicking the appropriate
hyperlink in any promotional e-mail.
8. Service of Notices. FASBATECH‘s notices shall be deemed served
on/received by the Merchant/Member concerned
- on the date of transmission, posting, publication or broadcast if sent
through Site, Platform or Services, text, short message media (SMS), chat
message, email or other electronic means or media
- seven (7) days after posting to or on the day when the notice was actually
received or left at the Merchant/Member’s last known address if sent by
regular/special delivery mail, whichever is earlier
- two (2) days after posting to the Merchant/Member’s last known address if
sent by private courier
The Merchant/Member shall be solely responsible for updating its/his/her
electronic mail address, postal address, cellphone number, and other means
by which it/he/she can be reached by FASBATECH notices.
Notices of any kind from the Merchant/Member, including changes from last
known address/es shall be sent to FASBATECH’s designated postal address
or e-mail address and shall be effective only upon receipt.
The foregoing notwithstanding, FASBATECH may, from time to time,
designate other acceptable modes of serving notices and prescribe the time
or event by which such notice shall be deemed served/received.
9. Termination of the Use of Platform and Services. The FASBATECH
Merchant/Member may terminate its/his/her right to access and use the
Site, Platform and Services by giving FASBATECH written notice thereof.
Said termination shall take effect upon receipt of the notice or on such date
mentioned therein, whichever is later.
FASBATECH, in its sole discretion may terminate, suspend, or restrict the
FASBATECH Merchant/Member’s right to use the Platform and Services,
disable or bar the Merchant/Member’s access thereto or cancel the said
Merchant/Member’s username and password for any reason whatsoever,
including but not limited to breach of these Terms, the Merchant/Member’s
possible violation of applicable laws, rules and regulations, or if in
FASBATECH’S discretion the Merchant/Member’s access to and use of the
Site, Platform and Services will be detrimental to FASBATECH in any way.
IV. GENERAL PROVISIONS FOR TRANSACTIONS
1. Customer Contract between the Parties. All agreements for the
purchase of goods and/or services through the Platform shall directly be
between FASBATECH Merchants and FASBATECH Members only and shall be
governed by their individual customer contracts.
2. Description of Product and Replacement. The FASBATECH Merchant
shall as much as possible endeavor to provide an accurate description of the
products offered. Said Merchant, however, does not warrant that such
description is free from error. Subject to applicable laws, rules and
regulations, if the product delivered to the FASBATECH Member is
fundamentally different from that described in the Platform and ordered by
the said Member, the Member may request for a replacement.
3. Placement of Order. The FASBATECH Member places an order through
the Platform by clicking the “Request Order” button. The said Member shall
be responsible for ensuring the accuracy of the order. The FASBATECH
Merchant concerned will be informed through the Platform of the order and
respond by stating the availability of the goods and/or services ordered, the
purchase price and/or service fee involved, and status of the order. Once the
parties have indicated through the Platform their agreement to the
transaction, payment for the product shall float and the said Merchant will
receive a confirmation of the order. The payment will float until the delivery
of goods and/or completion of the services has been confirmed by the
Member.
4. FASBATECH Merchant’s Acceptance of the Order; Customer
Contract. Acceptance of an order is subject to the FASBATECH Merchant’s
sole discretion. The said Merchant’s acceptance shall result in the
constitution of a customer contract with the Member.
5. Order as Irrevocable and Unconditional. Subject to applicable laws,
rules and regulations, upon confirmation of the order received by the
FASBATECH Merchant, the order shall be irrevocable and unconditional on
the part of the FASBATECH Member. The FASBATECH Merchant shall process
such order(s) in accordance with the established procedures and instructions
issued by FASBATECH without need of notice to or further consent by the
Member, without prejudice to the Merchant’s right to terminate as herein
provided.
6. Purchase Reference Number. Once the parties have indicated through
the Platform their agreement to the transaction, payment for the product
shall float and a purchase reference number (PRN) will be generated and
forwarded to the FASBATECH Member. The FASBATECH Merchant will
receive a confirmation of the order. Thereafter, the Platform will generate
step-by-step instructions on what the said Member should do to effect actual
payment to the Merchant concerned.
7. FASBATECH Merchant’s Right to Terminate/Suspend. Without
prejudice to the FASBATECH Member’s rights under applicable laws, rules
and regulations, the FASBATECH Merchant shall have the right to
terminate/suspend the customer contract before confirmation of the order if
a product has been mispriced in the Platform. The said Merchant may
exercise the same right at any time after it has been determined that the
product is not available at the time the order was placed and will not be
available within a reasonable period of time thereafter; if force majeure
prevents the Merchant’s fulfillment of the order even if the product was
available at the time the order was placed and thereafter; and other similar
or analogous causes beyond the Merchant’s control. The Merchant may also
exercise this right at any time after it has been determined that the Member
breached an obligation under the customer contract. The Merchant shall
terminate the customer contract even upon or after confirmation of the
order upon Merchant’s knowledge that the product or its manufacture,
processing, delivery, possession, sale, distribution, delivery or transport at
the time the order was placed or thereafter is or becomes illegal or
prohibited by competent authority in its place of origin and destination and/
or place/s en route to its destination. The Merchant will notify Member of
such cancellation through the Platform’s message system”.
8. Refund Through Points Value or Tokens. The FASBATECH Merchant
takes full resonsibility for refunds to Members. The amount refunded shall be
credited to the FASBATECH Member’s account/fasbawallet in its equivalent
points value (PVs).
9. Issuance of Points Value as Refund and Liability of Merchant. The
FASBATECH Merchant shall issue the PVs/points value in place of the refund
and shall be solely liable for any direct or indirect injuries, damages and
costs suffered by or in respect of the FASBATECH Member due in whole or in
part from the Merchant’s unjustifiable refusal to issue PVs by way of refund.
One PV shall have the equivalent value of one Philippine peso (Php 1.00).
10. Chat Support. The FASBATECH Member’s questions or complaints shall
be registered through the Platform through the FASBATECH “chat support”.
The FASBATECH Merchant shall communicate with the Member also through
the “chat support” on the latter’s questions and complaints.
11. Intellectual Property Rights. The FASBATECH Member acknowledges
that the products and/or parts thereof offered through the Platform are
subject to the intellectual property rights of the FASBATECH Merchants, their
creators, authors, inventors or licensors and that the products and/or parts
thereof have been sold without granting the Member any authority to act in
such a way as to adversely affect the said proprietary rights. Trademarks,
logos, copyright notices, serial numbers, labels, and the like affixed to the
products, product materials such as software applications, drivers or other
computer programs and/or all other design details, technical handbooks or
manuals, drawings or other data, and other forms of intellectual property
forming the products and/or parts thereof remain the properties of the
Merchants, their creators, authors, inventors or licensors and cannot be the
subject of any proprietary rights of the Member, removed, altered,
reproduced, or used by the Member outside or in violation of the terms and
conditions of use allowed or prescribed by the Merchants, creators, authors,
inventors or licensors thereof and without their prior written consent.
V. DELIVERY, PRICES AND TAXES
1. Place and Time of Delivery; Shipping and Other Charges. The
FASBATECH Member shall specify the place of delivery of the ordered
products. While the FASBATECH Merchant and Member may agree on the
delivery date, the Member acknowledges that the time of delivery agreed
upon is a mere estimate, subject to certain contingencies like availability of
the product, and shall not be of the essence. The Merchant shall inform the
Member of delays through the message system” on the Platform. Unless the
Merchant has indicated in the Platform the shipping, packing and other
charges incidental to the delivery of the product, the parties shall agree
among themselves on the same. In any case, said charges shall be included
in the Member’s payment.
2. Tracking Information. To enable the FASBATECH Member to monitor
the status of the order, the Platform, whenever applicable, shall provide
tracking information.
3. Presumption of FASBATECH Member’s Receipt. The Member shall be
presumed to have received the product if, after the Merchant has done its
best in good faith, as recorded in the Platform, to locate the Member and
deliver the product, the Member fails to communicate with the Merchant
through the Platform within three (3) days from the projected delivery date
or date of last notice by the Merchant through the Platform that such
delivery was attempted, whichever comes later.
4. FASBATECH Merchant’s Termination. Subject to applicable laws, rules
and regulations and without prejudice to other grounds and remedies that
may be provided in these Terms, the FASBATECH Merchant may
terminate/cancel the customer contract for failure of the FASBATECH
Member to receive the product due to the Member’s fault.
VI. PRICES, PAYMENT METHODS, TAXES, CANCELLATION OF
CONTRACT/SUSPENSION OF DELIVERY, REFUNDS
1. Prices and Taxes. As a rule, the listing price of the product at the time
the confirmation of the order of FASBATECH Member is transmitted to the
FASBATECH Merchant through the Platform is controlling. If the price of the
product has changed without the Merchant being able to update the price in
the Platform, the Merchant may respond via “message system” by informing
the Member of such change and wait for the Member’s conformity or
nonconformity to such change.
2. Payment Methods. Only payment methods prescribed by FASBATECH
through the Platform shall be used by the FASBATECH Member. FASBATECH,
in its sole discretion, may by notice through the Platform or otherwise,
modify or discontinue, temporarily or permanently, any payment method.
Such modification, temporary or permanent discontinuance announced in the
Platform shall have prospective effect. Payment will be credited to the
FASBATECH Merchant upon the Member’s acceptance of the goods and/or
services. Payments shall be made directly to the Merchants fasbawallet in
the Platform. The Merchant may send the Member an invoice upon the due
date of any payment under a customer contract. The Merchant will accept
payment in its/his/her own right. Any failure, disruption, or error in
connection with the Member’s chosen payment method not attributable to
the Merchant shall not result in a cause of action against the Merchant or its
agents.
3. Taxes. The FASBATECH Merchant is the one responsible for declaring the
value-added tax and all taxes accrued for the sale of goods.
3. Cancellation of Contract / Suspension of Delivery. Prior to dispatch
of the product by the FASBATECH Merchant, the FASBATECH Member may
cancel the customer contract for any reason by informing the Merchant using
the “message system” in the Platform. Otherwise, the Member may not
cancel the customer contract but may only return the products as herein
provided.
The Merchant may also immediately stop or suspend deliveries to the
Member and/or terminate the customer contract by sending a message
using “message system” in the Platform if the Member fails to make any
payment under the terms and conditions of the payment method elected, or
if payment is canceled for any reason whatsoever, or at any time after the
occurrence of any of the events/reasons stated in these Terms, without
prejudice to other rights and remedies available to the Merchant under
applicable laws, rules and regulations.
4. Refunds.
Refunds shall be made to the FASBATECH Member who made the original
payment through the original payment method or mechanism chosen by the
Member to effect payment. Refunds are conditioned on the FASBATECH
Merchant’s acceptance of a valid return of the product. The timeliness of the
processing of refunds is subject to the availability of Merchant’s PVs. Refunds
through points value (PVs) shall be to the Member’s fasbawallet dependent
on complete and accurate FASBATECH account details provided to the
Merchant.
VII. RETURNS / REPLACEMENTS
1. Return of Product. Return of the product shall be in accordance with the
FASBATECH Merchant’s instructions and made within 7 days from the date of
delivery for items covered under satisfaction guaranteed, and 2 days from
the date of delivery for items covered under 100% buyer protection. Failure
of the FASBATECH Member to comply with the Merchant’s instructions
entitles the latter to reject the return of the product. The Merchant’s
agreement to the return of the product entitles the Member to a replacement
thereof.
2. Causes for Return. A product that has missing parts, is faulty/damaged,
is not the item ordered, is fundamentally different from that ordered, or of
the wrong size or dimension, in case size and dimension are material to the
order, may be returned.
3. How Return is Made. Upon agreement to the return of a product the
FASBATECH Merchant becomes the owner thereof and the FASBATECH
Member, upon the former’s request shall ship back the nonconforming
product. The Merchant shall provide a replacement thereof or refund the
purchase price.
4. Damage or Loss of the Product. Damage to or loss of the product shall
pass to the FASBATECH Member upon delivery to the Member or his duly-
designated recipient at the address specified in the order. If a wrong address
stated in the order results in failure to deliver or late delivery or the Member
or his duly-designated recipient wrongfully fails to take delivery of the
product at the time it was made, damage to or loss of the product shall be
borne by the Member from the time such delivery was attempted or refused.
5. Abandonment. A product is deemed abandoned when the FASBATECH
Member refuses to take possession of the product or returns the same
without sufficient cause. The FASBATECH Merchant will safely keep the
product for seven (7) days from the date of receipt thereof. After the lapse
of such a period, the product or item is deemed abandoned by the Member,
and the Merchant may dispose of the product or item. The Merchant may
nevertheless use its best efforts to return the product to the Member.
VIII. OWNERSHIP OF THE GOODS
1. Ownership of the Product. The FASBATECH Member shall not be
deemed the owner of the product even after damage or loss thereof has
passed from the FASBATECH Merchant until the Merchant has received full
payment therefor in cash or cleared funds payment. Pending transfer of
ownership of the goods from the Merchant, the Member shall hold the
product in trust for the Merchant, immediately notify the Merchant of
matters affecting Merchant’s title to the goods. The Member shall also
provide the Merchant with any information relating to the goods as the
Merchant may require, and is obliged to return the goods to the Merchant
upon demand.
2. Encumbering the Goods. While ownership of the goods remains with
the FASBATECH Merchant, the FASBATECH Member shall not be entitled to
pledge, encumber or in any way charge the goods by way of security for any
indebtedness. Upon breach hereof by the Member all money owed by the
Member to the Merchant shall become immediately due and payable.
IX. WAIVER, QUITCLAIM, LIMITATION OF LIABILITY
1. Free and Harmless Clause. The FASBATECH Merchant/Member holds
FASBATECH, its assigns, directors, officers, employees, agents and all those
acting for and on its behalf free and harmless from and against all liabilities,
claims, demands, and causes of action of any kind or character incurred,
originating or resulting from, relating to, arising out of or caused by the
following:
- Any intentional or unintentional act or omission of any kind and nature
amounting to breach of these Terms and other FASBATECH issuances by the
FASBATECH Merchant/Member;
- Any intentional or unintentional act or omission of any kind and nature
facilitated by, through or in any way connected with the FASBATECH
Merchant/Member’s access to and/or use of the Site, Platform and/or
Services resulting directly or indirectly in violation of or noncompliance with
applicable laws, rules and regulations;
- Any intentional or unintentional act or omission of any kind and nature
resulting in breach or nonfulfillment of a customer contract covenant or
agreement by the FASBATECH Merchant/Member;
- Any intentional or unintentional act or omission of any kind and nature
resulting in breach, violation of or noncompliance with the FASBATECH
Merchant/Member’s obligations, responsibilities and undertakings, including
the commission of any prohibitions, stated expressly, or necessarily implied
or included, in these Terms, amendments or revisions hereto and other
FASBATECH issuances;
- Any intentional or unintentional act or omission of any kind and nature by
the FASBATECH Merchant/Member directly or indirectly resulting in the
impairment, disregard and derogation of FASBATECH’s rights and
prerogatives stated expressly, or necessarily implied or included, in these
Terms, amendments or revisions hereto and other FASBATECH issuances,
including noncompliance with FASBATECH’s requests/instructions;
- Any inaccuracy or misrepresentation, breach of any representation,
warranty of any kind, terms or methods of payment, condition, failure to
comply with product standards and/or specifications, and other
requirements, after-sales services, manuals, product warnings, instructions,
failure to pay or lack of payment for goods and/or services, the sale and/or
resale of the product to the FASBATECH Merchant/Member, intentional
damage or misuse, negligence, product alteration or modification, or failure
to comply with Merchant’s instructions on the use of the products and other
matters about the product, the transaction, negotiations, discussions,
customer contract and the responsibilities and/or liabilities committed by the
FASBATECH Merchant/Member which is inherent to or necessarily included in
the FASBATECH Merchant’s role as seller and/or FASBATECH Member’s role
as consumer.
2. Indemnification for damages. The FASBATECH Merchant/Member shall
indemnify FASBATECH for expenses, losses, fines, penalties, damages,
including but not limited to cost of defense and attorney’s fees, damages for
loss of profits, goodwill, intangible losses, and any other type of damages
and expenses of every kind and character, incurred, originating or resulting
from, relating to, arising out of or caused by any or all of the foregoing.
3. Interruptions, Termination, Unavailability of the Site, Platform and
Services. The FASBATECH Merchant/Member further holds FASBATECH, its
assigns, directors, officers, employees, agents and all those acting for and
on its behalf free and harmless from and against interruptions, suspensions,
cancelations, termination of access to and/or use of the Site, Platform and
Services or unavailability of the same or loss of data during transmission of
information through the internet which may occur from time to time for any
reason, including those within FASBATECH’s control.
X. FINAL PROVISIONS
1. Failure to Enforce these Terms or Rights. Failure of FASBATECH to
enforce these Terms or parts hereof shall not be construed a waiver of
either. Failure of FASBATECH to enforce its rights under applicable laws,
rules and regulations shall not be construed a waiver thereof.
2. Currency. Prices, payments and refunds resulting from transactions
entered into through the Site, Platform and Services shall be in in Philippine
Pesos or its equivalent in Philippine Pesos.
3. Force Majeure. The FASBATECH Merchant/Member shall not be liable for
delay or non-performance or erroneous performance of its/his/her
obligations under the customer contract and for breach of these Terms when
due to force majeure (acts of God, such as severe acts of nature or weather
events including floods, fires, earthquakes, hurricanes, or explosions; war,
acts of terrorism, and epidemics; acts of governmental authorities such as
expropriation, condemnation, and changes in laws and regulations; strikes
and labor disputes; certain accidents, and other causes beyond its/his /her
reasonable control). FASBATECH shall not be liable for breach of the
customer contract by the Merchant/Member or any inaccurate or erroneous
information, data, and/or content supplied by Merchant/Member or any
inaccuracy, error or failure of the Site, Platform and/or Services, and any act
or omission due to force majeure.
4. Binding Effect and Admissibility of Records. FASBATECH’s records of
the transaction/communication between the FASBATECH Merchant and
FASBATECH Member or relating to or in connection with the Platform and
Services, whether or not electronically transmitted and/or stored in
electronic form or computer-generated or otherwise maintained by
FASBATECH or its service providers, shall be deemed competent, genuine,
authentic and admissible evidence of any information and/or data
transmitted between the Merchant and the Member and shall be binding and
conclusive on them.
5. Assignment of Rights. The FASBATECH Member may not assign his/her
rights under the customer contract without the FASBATECH Merchant’s prior
written consent. The Merchant may assign its/his/her rights under the
customer contract without need of the Member’s consent. Neither party may
assign their rights against and obligations to FASBATECH to a third party.
6. Construction, Alternative Dispute Resolution and Venue for
Litigation. Any dispute, controversy, or claim between FASBATECH and the
FASBATECH Merchant/Member arising out of or relating to these Terms,
shall be settled by arbitration under Republic Act 9285 (Alternative Dispute
Resolution Act of 2004) except when specifically excluded therein. In case of
court litigation between FASBATECH and the Merchant/Member, the
Merchant/Member agrees that venue thereof shall be in the courts of
Antipolo City, Republic of the Philippines to the exclusion of all others.
7. Injunction. FASBATECH has the right to seek injunctive relief if it
believes that such is the only adequate and timely remedy for a breach or
non-performance of these Terms by the FASBATECH Merchant/Member.
8. Severability Clause. A declaration, judgment, decision or enactment by
competent authority that any provision or part of these Terms is illegal, void,
invalid or unenforceable shall not affect or impair the legality, validity, and
enforceability of the remaining provisions hereof.
9. Entire Agreement. These Terms shall constitute the entire agreement
between the FASBATECH Merchant/Member and FASBATECH relating to the
subject matter hereof and supplants all prior understandings,
communications, representations and agreements made concerning the
same.
SEPTEMBER 28, 2020