Terms of Use

 

These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Platforms”) provided by Buylocal.ph (as defined below).

 

1. General Provisions

These Terms apply to all users of the Platforms, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Platforms, unless the context does not permit.

 

These Terms are between you and Buylocal.ph.

 

By using the Platforms in any manner, including but not limited to visiting or browsing the Platforms, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.   

 

Buylocal.ph reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted here.

 

If you have any questions, please contact us at help@buylocal.ph.

 

2. Use of the Platforms

Subject to your compliance with these Terms, Buylocal.ph grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Platforms.

 

You shall use the Services in accordance with these Terms and shall not:

 

1. Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
2. Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Platforms.
3. Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Platforms.
4. Violate any applicable laws, rules or regulations in connection with your access or use of the Platforms.
5. Use the Platforms in violation of or to circumvent any lawful sale prohibitions, sanctions or embargo within your locality or in the locality of buyers. Thus, you are bound to determine the legality of your sale transaction and Buylocal.ph remains without any participation and/or involvement in your direct transactions with any sellers/buyers through the Platforms.
6. Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Buylocal.ph or its affiliates, partners, suppliers or licensors.
7. Use the Platforms for any purpose for which it is not designed or intended.
8. Use the Platforms to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Platforms or any services, product or software offered by Buylocal.ph.
9. Use any proprietary information or interfaces of Buylocal.ph or any other intellectual property of Buylocal.ph in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Platforms.
10. Use the Platforms to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
11. Use the Platforms to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
12. Upload to, or transmit through the Platforms any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
13. Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Platforms, or any data or content found or access through the Platforms.
14. Collect any information in respect of other users without their consent.
15. Commit any act to avoid paying any applicable fees and/or charges.
16. Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Platforms. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
17. Authorise or encourage anyone to do any of the foregoing.
18. Buylocal.ph reserves the right to remove, terminate or suspend any of your postings in the Platforms, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, and any additional terms and conditions and policies.

 

3. Buylocal.ph is a Venue

The Platforms provide a venue for sellers to advertise, subject to other pertinent terms and conditions, their product/s, contact information, location,  payment methods, delivery/pick-up instructions, and other information hereinafter should be deemed included by Buylocal.ph. As such,  users (including both buyers and sellers) DIRECTLY  interact with each other, perfect any form of agreement with one another without any participation, involvement or interaction with Buylocal.ph.

 

Buylocal.ph does not pre-screen a seller or the Content provided by a seller, nor is Buylocal.ph directly involved in transactions between buyers and sellers.

 

Consequently, Buylocal.ph has no control over, and you agree that Buylocal.ph is not responsible or liable for, any of the following:

 

1. The quality, safety, morality or legality of any aspect of the items listed.
2. The methodology, safety and legality of the transaction between buyer and seller.
3. The truth or accuracy of the listings, the ability, legality and eligibility of sellers to sell items or the ability, legality and eligibility of buyers to pay for items.
4. The true identity, age, nationality, or sense of humour of any user.
5. Any Content posted by users.

As a buyer, you are encouraged to use the features and functions available on the Platforms to communicate with the sellers and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with the sellers. While Buylocal.ph continually updates its Platforms and endeavours to keep the same safe for everyone, your use of the Platforms and your interactions with other users (buyers or sellers) is entirely at your own risk.

 

4. Content

The Platforms allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).

 

You retain ownership rights in the Content which you upload or share on the Platforms but you grant Buylocal.ph a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to Buylocal.ph’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Platforms and to research and develop new products and services.

 

You understand and agree that you are solely responsible for the Content which you post or share on or through the Platforms and any loss or damage which you sustain as result of such Content is solely your responsibility.

 

You acknowledge that Buylocal.ph does not pre-screen Content uploaded by users. Buylocal.ph shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Platforms. Without limiting the foregoing, Buylocal.ph shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

 

1. If the Content is in breach of these Terms.
2. If Buylocal.ph has received a complaint or notice of infringement in respect of the Content.
3. If the Content is otherwise objectionable.

Buylocal.ph may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Platforms as part of efforts to protect the Platforms or users, or to otherwise enforce these Terms.

 

5. Selling and Buying on Buylocal.ph

In using the Platforms to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:

 

1. All items must comply with these Terms and Buylocal.ph’s policies, which can be found here or in its Privacy Policy and other documents provided.
2. You must provide a fair, accurate and complete description of each item, including your price for the item.
3. Each item, job opening and/or offer of services must have its own listing.

Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.

 

Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.

 

You acknowledge and agree that Buylocal.ph has no control over any website other than the Buylocal.ph website and shall not in any event be responsible or held liable for any expired advertisement listing which appears on any website other than the Buylocal.ph website or any expired advertisement listing which is retrieved by any search engine.

 

Without prejudice to the rest of these Terms and Buylocal.ph policies, you warrant, in respect of each service and/or item which you offer for sale on the Platforms (as the case may be), that:                                                    

 

1. You are the owner of the item, and the item is not stolen.
2. The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
3. The sale of the item complies with all laws and regulations which apply to that item.
4. The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
5. The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
6. All offers made and accepted through the Platforms are binding.

 

If you are a seller who has accepted a buyer’s offer for an item, Buylocal.ph encourages you to do ensure the following:

 

1. You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer’s identity.
2. You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
3. You may not increase the item’s price after a sale, or misrepresent the item’s location and price.
4. If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.
5. In communicating with a user through the Platforms for the offering of or acceptance of a job listing and/or services or purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.

Notwithstanding the foregoing, as Buylocal.ph is not involved in Transactions which are considered solely between buyers and sellers. Buylocal.ph cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.

 

6. Disputes with users

If you are in dispute with a user of our Platforms, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Buylocal.ph, Buylocal.ph will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Buylocal.ph from any claims, demands and damage arising out of your disputes with users of our Platforms.

 

7. Privacy

Your privacy is very important to us at sell and we have provided the Buylocal.ph’s Privacy Policy, which can be found here, to explain our privacy practices. Please review the Privacy Policy to understand how Buylocal.ph collects, uses and discloses information collected and received from you.

 

8. Intellectual Property

You acknowledge and agree that the Platforms and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Buylocal.ph. Furthermore, you acknowledge and agree that the source and object code of the Platforms and the format, directories, queries, algorithms, structure and organization of the Platforms are the intellectual property and proprietary and confidential information of Buylocal.ph. You are not granted any intellectual property rights in and to the Platforms not expressly granted in these Terms and such rights are hereby reserved and retained by Buylocal.ph.

 

The Platforms may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Platforms is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Platforms or components thereof be deemed to be open source or publicly available software.

 

You are not authorised by Buylocal.ph to use Buylocal.ph’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Buylocal.ph, which may be withheld for any or no reason.

 

9. Reporting Unauthorised Content

Buylocal.ph respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps provided here to report the same to us.

 

Buylocal.ph reserves the right to suspend or terminate your account and/or your access to the Platforms if there are repeat complaints against you of intellectual property infringement.

 

10. Suspension and Termination

You may delete your ad postings in the Platforms by sending an email to admin@Buylocal.ph , unless Buylocal.ph has hereinafter subsequently made system updates that lets your delete your own postings.

 

Buylocal.ph reserves the right to, at its sole discretion, and without liability:

 

1. Suspend or terminate your ad posting and/or your access to the Platforms at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
2. Suspend or terminate your ad posting and/or your access to the Platforms at any time, for any reason, and without advance notice.
3. Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Platforms at any time, for any reason, and without advance notice.

 

You acknowledge and agree that if you delete your ad posting or if we suspend or terminate your ad posting, you will lose any information associated with your ad posting, including Content. It is your responsibility to backup the Content which you upload to the Platforms.

 

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

 

11. No Warranty

You acknowledge and agree that the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

 

Buylocal.ph does not represent or warrant that: (a) the use of the Platforms will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Platforms will meet your requirements or expectations; (c) errors or defects in the Platforms will be corrected; or (d) the Platforms and Buylocal.ph’s servers are free of viruses or other harmful components.

 

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

 

The Platforms may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Buylocal.ph is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

 

No advice or information, whether oral or written, obtained by you from Buylocal.ph or from the Platforms shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Buylocal.ph has no obligation to support or maintain the Platforms.

 

Buylocal.ph disclaims any and all liability or responsibility in relation to the content made available through the Buylocal.ph, including but not limited to the Content uploaded by users or the third party content and services. Buylocal.ph is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Platforms, including the failure of such third party content and services.

 

In addition, the Platforms may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your discretion and risk. Buylocal.ph does not accept any responsibility in connection with your participation in activities conducted by any other party.

 

12. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORMS IS TO REQUEST FOR TERMINATION OF YOUR ADVERTISEMENT LISTING/POSTING AND/OR DISCONTINUE ANY USE OF THE SERVICES.

 

IN NO EVENT SHALL BUYLOCAL.PH OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORMS OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE PLATFORMS INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE PLATFORMS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BUYLOCAL.PH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYLOCAL.PH’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL REMAIN NOTHING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

13. Indemnity

You will indemnify and hold harmless Buylocal.ph, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Platforms; (b) your Content; (c) any use of your ad posting; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

 

14. Compatibility

Buylocal.ph does not warrant that the Platforms will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Buylocal.ph and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

 

15. Subcontracting by Buylocal.ph

Buylocal.ph reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Platforms as Buylocal.ph deems appropriate.

16. Miscellaneous

You and Buylocal.ph are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

 

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

 

Except as provided herein, any failure by Buylocal.ph to exercise a right or require performance of an obligation in these Terms shall not affect Buylocal.ph’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

 

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

 

These Terms constitute the entire agreement between you and Buylocal.ph and supersedes all prior or contemporaneous understandings and/or agreements between you and Buylocal.ph.

 

17. Governing Law and Jurisdiction

You hereby agree that the laws of the Philippines shall govern these Terms and that the courts of Philippines shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.