TERMS AND CONDITIONS/TERMS OF SERVICE
This website (
https://forms.abs-cbn.com/eheadsdxbmerch) may be used to view, pre-order, order and purchase the available products and merchandise described herein (the “Products”) (the “Website” or the “Service”), under and subject to the terms and conditions hereof, and the policies of ABS-CBN Middle East FZ-LLC (“ABS-CBN”) (the “Terms and Conditions” or the “Terms”).
These Terms and Conditions including any amendment, addendum, modification, annex, supplement or update thereon or thereof or thereto govern the relationship between ABS-CBN Middle East FZ-LLC (“ABS-CBN”, “We”, “we”, “Us”, “us” “Our” or “our”) as Service provider and you as user of the Website, even without registering thereto (“User”, “You”, “you”, “Your” or “your”).
BY VISITING THE WEBSITE, VIEWING THE PRODUCT/S, ACCESSING OR USING
(EVEN WITHOUT REGISTERING TO) THE WEBSITE/ SERVICE, REGISTERING WITH THE WEBSITE, DOWNLOADING AND/OR SUBMITTING THE FORM, PRE-ORDERING, ORDERING, AND/OR PURCHASING A PRODUCT, YOU ACKNOWLEDGE, AGREE AND CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TERMSAND CONDITIONS, OUR
PRIVACY NOTICE AND OUR
COOKIE POLICY, INCLUDING ANY AMENDMENT, ADDENDUM, MODIFICATION, ANNEX, SUPPLEMENT OR UPDATES THERETO AND AGREE TO BE BOUND THEREBY, AND THAT YOU WILL INDEMNIFY AND HOLD ABS-CBN, ITS AFFILIATES AND PARTNERS FREE AND HARMLESS FROM ANY CLAIM, EXPENSES, DAMAGES OR LIABILITY WHICH YOU MAY SUFFER OR INCUR ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WESBITE/SERVICE, YOUR MISUSE OF THE SERVICE, YOUR FAILURE OR REFUSAL TO OBSERVE AND/OR ABIDE BY THE TERMS, OR YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES OR OBLIGATIONS UNDER THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE WEBSITE NOW AND DO NOT USE THE SERVICE. YOUR REMEDY FOR DISSATISFACTION WITH THE SERVICE, THE WEBSITE OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE IS TO STOP USING THE SERVICE, THE WEBSITE, AND/OR THE SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON ACCESSING OR USING THE WEBSITE/ SERVICE/ WEBSITE, EVEN WITHOUT REGISTERING TO THE SERVICE, DOWNLOADING AND/OR SUBMITTING THE FORM, OR PRE-ORDERING, ORDERING OR PURCHASING A PRODUCT.
By visiting the Website, downloading the Form, accessing or using (even without registering to) the Service, registering with the Service, and/or pre-ordering and/or purchasing a Product, You represent and warrant to Us that: (i) based on the laws of the relevant country/territory/jurisdiction, You are of legal age and You are capable of entering into and forming a binding contract with Us; (ii) You are entering into this agreement for Your personal use only; (iii) You are accessing the Service and/or the Website from the United Arab Emirates; (iv) You will not access the Services and/or the Website through automated or non-human means, whether through a bot, script or otherwise; (v)You are not prohibited from accessing, using and/or registering to the Service/ the Website/s, downloading and submitting the Form, pre-ordering and/or purchasing a Product/s under applicable laws; and (vi) You will not use the Services, the Website and/or the Products for any illegal or unauthorized purpose. If you are accessing the Service and/or the Website from any location other than the United Arab Emirates, you are responsible for compliance with applicable local laws. However, your use of the Service and/or the Website is governed by the laws of the United Arab Emirates.
By visiting the Website, using the Service, downloading and/or submitting the Form, accessing and/or using (even without registering to) the Service/the Website or pre-ordering and/or purchasing a Product/s, You represent and warrant that You neither reside in, nor will access, avail of, or use/receive the Service or the Website/s, nor are a representative of a territory that is included in the list of territories sanctioned by US Embargo and Sanction Laws, and that you are not subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country or territory where You are accessing and/or using the Service/the Website. You are not allowed to use the Website or the Service if You are subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country or territory where You are using the Service. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
We expressly reserve the right to change, amend, modify, supplement, or update the Terms at any time and from time to time without prior notice to You. You acknowledge and agree that it is Your responsibility to review these Terms from time to time and to keep Yourself updated on any changes, amendments, modifications or updates thereto. Unless otherwise specified, any and all new feature/s or functionality of the Service or the Website shall be subject to the current Terms. The current version of the Terms, including recent updates, will be available on the Website. Your continued use of the Website/the Service after such modifications will constitute Your acceptance of and Your agreement to be bound by the Terms, and any amendment, addendum, modification, annex, supplement or updates thereto. Should You wish to discontinue the use of the Service or the Website at any time, You may do so in accordance with the Terms. If You do not agree with any of the Terms or any amendment or modification thereof, You must not continue to access or use the Service or the Website.
As used in these Terms, reference to Our “Affiliates” shall include ABS-CBN’s parent company/ies, subsidiaries and affiliated companies. “Partners” shall include Our and Our Affiliates’ third party suppliers, business partners, sponsors, advertisers, service providers, licensors, and includes (without limitation) all parties involved in creating, producing, operating, maintaining and/or delivering the Website/s and/or Application/s and/or its contents.
REGISTRATION /SUBMISSION OF FORM
We may require You to register with the Service download, fill-up and submit a form, and/or create an account (the “Account”) in order to use the Service and/or to pre-order and/or purchase a Product. During the registration and/or after registration, we may ask you to provide certain information about Yourself and the Product/s that you would like to pre-order and/or purchase. You agree to provide us with true, accurate, current and complete information about Yourself and the Product/s when You fill out the forms, Registration Page (if any) and to update Your information to keep it true, accurate, current and complete. We reserve the right to rely on the location of Your IP address and the other information that You provided for purposes of determining your eligibility to avail of the Service and/or access the Website. We reserve the right not to your pre-order form and/or to refuse to accept your pre-order and/or purchase if we have reasonable grounds to believe that You have not provided true, current, accurate and/or complete information about Yourself, if the Product/s are not or are no longer available, or in the event of Your misuse of the Service or breach or violation of any provision of the Terms, or your breach of any of your representations, warranties or obligations under the Terms. You hereby expressly acknowledge that the Service is provided by ABS-CBN and may be altered, modified, rebranded, or discontinued at any time at its sole discretion and with no notice to You.
By using the Service, downloading and/or submitting a form, pre-ordering and/or purchasing a Product/s, You confirm that You have read, understood, accept and agree to abide by the Terms and will indemnify and hold ABS-CBN, its Affiliates, and ABS-CBN’s and its Affiliates’ Partners free and harmless from any claim, expenses, damage or liability which You may suffer or incur in connection with Your use of the Service/the Website, arising from or in connection with Your misuse of the Service, or Your breach of, failure or refusal to observe and/or abide by, the Terms, or your breach of any of your representations, warranties or obligations under the Terms.
PRIVACY AND USE OF PERSONAL INFORMATION
Your privacy is important to us. We are committed to safeguarding Your personal information and will use all good faith and reasonable efforts to secure the same.
When You visit the Website/s, download the form, access or use (even without registering to) the Service, and/or register with the Service, or pre-order and/or purchase a Product/s, You acknowledge that some of Your personal information may be collected, transferred, stored, recorded, shared and used by ABS-CBN and its Affiliates, and our and our Affiliates’ authorized service providers.
When You use the Service/Wesbite and/or pre-order and/or purchase a Product, we may ask You for Your personal information such as, but not limited to, Your name, email address, shipping address, billing address and/or mobile number. We also collect information about the Prodcut/s that you order/purchase, Your transactions with us, including how You use the Service, the Product/s, the Website/sand our other services. We also collect, record and store information from Your computer hardware and browser, including Your IP address, cookie information, software and hardware attributes. If You do not provide us with any personal information that we request, we may be unable to provide You the Service.
By visiting the Website/s, using the Service, downloading and/or submitting the form, accessing or using (even without registering to) the Service, registering to the Service, and/or pre-ordering and/or purchasing a Product, You authorize ABS-CBN and its Affiliates, and ABS-CBN’s and its Affiliates’ authorized service providers to use Your disclosed personal information for the following purposes: a) to provide You access to the Service, including fulfillment of Your purchase,; b) to market, promote and advertise the Service, the Products, and/or the products, services, events, initiatives and activities (and any feature, update, modification thereof/thereon) of ABS-CBN and its Affiliates; c) to customize ABS-CBN’s, and its Affiliates’ advertising, promotional and marketing activities; d) to fulfill Your requests in connection with the Service, the Products, and ABS-CBN’s and its Affiliates’ products and services; e) to conduct research, survey and perform statistical analyses of user behavior in order to measure relative consumer interest on the Service, the Products, and the various products, services and activities of ABS-CBN and its Affiliates; f) to inform advertisers or sponsors or their respective representatives how many have responded to an advertisement or promotion; g) to promote and manage ABS-CBN’s, and its Affiliates’ customer loyalty program/s, or any loyalty program that ABS-CBN may participate in; h) to pass on information to the relevant government agency or institution for fraud information; i) to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Terms, or as otherwise required by law; j) to transfer information if the Service is acquired by another company; k) to transfer, move, copy, record store and use Your personal information outside the country where You are visiting the Website/s, ,downloading and/or submitting theform, accessing or using (even without registering to) the Service, and/or registering to the Service, and/or pre-ordering and/or purchasing a Product/s; l) to be used as a basis for displaying targeted advertisements on the Service, the Website/s,; m) to respond to subpoenas, court orders or legal processes, or to establish or exercise ABS-CBN’s rights or defend legal claims against ABS-CBN; and n) to contact You and communicate with You for any of the foregoing purposes.
You agree that we may share and transfer Your personal information with, to and among the ABS-CBN’s Affiliates and ABS-CBN’s and its Affiliates’ respective employees, agents, representatives, agents and authorized service providers, and that ABS-CBN, its Affiliates, and ABS-CBN’s and its Affiliates’ service providers may use Your personal information for the foregoing purposes without further notice. You also agree that ABS-CBN, its Affiliates, ABS-CBN’s and its Affiliates’ authorized service providers, ABS-CBN’s and its Affiliates’ respective directors, stockholders, officers, employees, agents, representatives will not be liable to You for any and all claims, damages, liabilities, costs and expenses, including attorney’s fees, in connection with the permitted use of Your personal information as detailed hereinabove.
You also authorize the agents of ABS-CBN, its Affiliates, and ABS-CBN’s and its Affiliates’ service providers, to collect and use personal information that may be used to contact, identify or locate You. This may be done using device fingerprinting, a technique used to gather information about a particular device, in order to capture the following: browser version, operating system, items installed (plugins/fonts etc.) and location and time zone settings. You also authorize ABS-CBN, its Affiliates and ABS-CBN’s and its Affiliates’ respective authorized service providers to collect information, which may be personal information, that may include Your IP address, device type, browser type, Your device’s operating system, what pages You view, what links You click, the amount of time You spend on certain pages and certain demographic information such as age and gender. Please refer to our Cookie Policy for further details.
We shall continue using Your personal information for the foregoing purposes until and unless we receive Your advice requesting us to refrain from or limit the use of Your personal information.
We do not sell Your personal information. We will not share Your personal information with other people or non-affiliated or non-related companies, except for some legitimate reason or purpose and only to trusted business partners and authorized service providers. We will limit access to Your personal information to Our and Our Affiliates’ employees, agents, and representatives who need to access Your personal information in order to accomplish their functions. Furthermore, these employees, agents and representatives are obliged to keep Your personal information confidential.
We will not collect, use or disclose sensitive personal information, such as race, religion, or political affiliations, without Your explicit consent.
You further agree to be bound to the Privacy Notice of ABS-CBN.
THE PRODUCTS
You may choose to pre-order and/or purchase from the available Products described and displayed in the Website (including their respective price/s, size/s (if applicable), description), subject always to availability and while supply lasts.
While we try as much as possible to show on the Website the colors, specifications, features and other details of the available Product/s, we do not guarantee that such colors, sizes, specifications, feature and other details are accurate, complete, updated or free from error. Please also note that the screen on your Device may not accurately reflect the colors and other details of the Product/s.
You hereby acknowledge, understand and agree that ABS-CBN shall, at its sole discretion, determine what Product/s to make available on the Service, the price of the Product/s at any given time. We also do not guarantee that any Product/s (including the sizes, colors and/or designs thereof, if and as applicable) will be available or in stock.
You also hereby acknowledge, understand and agree that ABS-CBN may, at its sole discretion and without notice to You, add, withdraw, replace, suspend, modify, discontinue, alter, modify, rebrand or otherwise change any Product/s, the price/s thereof, the schedule or period during which they may be available. You shall not have any recourse against ABS-CBN, its Affiliates, their directors, stockholders, employees and/or representatives in connection with ABS-CBN’s exercise of the foregoing rights.
We reserve the right to refuse any pre-order, order and/or purchase placed through the Service/the Website. Further, we may limit or cancel orders or purchases as may be placed per person, or household, or per order which may have been made using the same name/Account, and/or the same payment method. We may also limit or prohibit orders or purchases that appear to be placed by dealers, resellers or distributors, and/or which appear to be for commercial purposes (and not for personal use), at our sole discretion.
PAYMENT AND PURCHASE
You must pay the applicable price to purchase the Product/s that you pre-ordered, ordered and/or purchases using the acceptable payment method/s determined by ABS-CBN and indicated in the Website and/or which may be notified to by ABS-CBN via email. The price for any Product/s are payable in advance and when you submit your order form. You agree to provide your current, accurate and complete account and payment information for your purchases using the Service. You further agree to update your account and payment information to enable us to complete your transactions and contact you if necessary. You agree to pay any and all sales tax and other applicable taxes which we will indicate and charge to you for your purchase. You shall pay the fee and any and all tax/es in the currency shown to you on the Service on the form/checkout page, or in the currency required by your chosen payment method.
We reserve the right to charge you for any and all shipping / delivery fees applicable to your purchase (if applicable), and you hereby authorize us to charge such fees to you via your chosen payment method. We also reserve the right to correct whatever errors or mistakes there may be in the fee, tax/es and/or charge/s even after we have already charged you via your chosen payment method.
You hereby acknowledge, confirm and agree that you shall be responsible for the payment of customs duties and other similar charges on the delivery of the Product/s, if and as applicable.
You may pay for Your selected Product/s directly by using any of the authorized payment methods acceptable to and identified by ABS-CBN on the Website and/or which may be notified to by ABS-CBN via email.
By using any of the acceptable payment methods, You acknowledge that You are subject to the terms and conditions and the privacy policy/notice of Your chosen payment provider, and that You have read, understood and agree to be bound by their respective terms and conditions and privacy policies. You also acknowledge that, depending on Your chosen payment provider, you may be re-directed to an online banking or payment page that is not owned, controlled and/or maintained by Us, but rather by Your chosen payment provider. You agree and acknowledge that We are not responsible, and do not assume any responsibility or liability for the actions, omissions, products of Your chosen payment provider and/or their third party service providers, and that You will hold Us free and harmless from and indemnify Us for any and all liabilities, damages, losses and costs (including attorney’s fees) awarded against or suffered by Us or Our Affiliates in connection with Your correspondence or dealings with them, and/or use or availment of their services.
We may use the services of third party payment service providers and/or third party service providers and/or authorized resellers to collect, facilitate and/or process payments on behalf of ABS-CBN. In such instances, You may be subject to the terms and conditions and privacy policy/notice of such third party payment service providers and/or authorized resellers and Your personal information will be subject to the privacy policy/notice of ABS-CBN’s payment service provider or authorized reseller. You confirm that You have read, understood and agree to be bound by the terms and conditions and privacy policies of such authorized third party payment service providers, third party service providers and/or resellers. You agree and acknowledge that We are not responsible, and do not assume any responsibility or liability for the actions, omissions, products and/or content of these third party payment service providers, third party service providers and/or resellers, and that You will hold Us free and harmless from and indemnify Us for any and all liabilities, damages, losses and costs (including attorney’s fees) awarded against or suffered by Us or Our Affiliates in connection with Your correspondence or dealing with them, and/or availment of their services.
You will receive an automated e-mail confirmation from noreply@forms.abs-cbn.com once we receive your order. We will also send you an email with information on the payment instructions and how to pick-up the Product/s that you purchased. We must receive the full payment for the Product/s that you pre-ordered and/or purchased within forty-eight hours from the time that you placed your order and/or submitted the form; otherwise, your order will be automatically cancelled and we will not process your pre-order/purchase.
RETURNS, EXCHANGE AND REFUND
If you wish to cancel your order before the Event Date (December 8, 2024), please email us at emea_sales@abs-cbn.com. Your payment will be refunded to your account via the mode of payment that you used in placing your order/purchase, within at least fourteen (14) banking days from the time your request refund was approved.
If you wish to cancel your order on Event Date, please inform the authorized ABS-CBN personnel at the designated Product pick-up area at the Venue of the Event. Your payment will be refunded to your account via the mode of payment that you used in placing your order/purchase, within at least fourteen (14) banking days from the time your request refund was approved.
If you wish to return or exchange the Product/s that your ordered and/or purchased on Event Date, please coordinate with the authorized ABS-CBN personnel at the designated Product pick-up area at the Venue of the Event. We reserve the right to deny or disapprove any request for return or exchange subject to availability of Product/s, and/or provided that the Product/s that you would like to return or exchange have not been used, damaged, defaced, or destroyed, and in case of exchange/s, subject to payment of any additional amount in case of price difference. For allowed returns, Your payment will be refunded to your account via the mode of payment that you used in placing your order/purchase, within at least fourteen (14) banking days from the time your request refund was approved.
USE OF MATERIALS
Subject to Our Privacy Notice, any communication or material that You transmit to the Service or to Us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While You retain all rights in such communications or material, You grant Us and Our agents and Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us in any circumstance.
We respect the intellectual property of others, and We ask You to do the same.
INTERRUPTION OF SERVICE
We reserve the right to suspend or interrupt use of and/or access to the Website/the Service, or any of its features and/or functionalities from time to time, in whole or in part, and/or to remove, change or modify any of the Products on the Website/Service, change the price of any Product on the Website/the Service and/or modify or discontinue all or part of the Website/the Service, with or without prior notice at any time, for any or no reason, and at our sole discretion. We shall not be liable to you or to any third party for any such suspension, interruption, modification, change, removal, or discontinuance of any Product, any Product’s price, or the Website/the Service, as applicable.
We also do not have any obligation to update any information on the Website/the Service, and we will not be liable therefor. You acknowledge that the access to the Service may be interrupted for reasons beyond Our control, and We cannot guarantee that You will be able to access the Service whenever You may wish to do so. We shall not be liable for any interruption and/or access delay or failure to the Service resulting from any causes beyond Our reasonable control or for any disruptions arising from or attributable to Your actions.
TERMINATION
We may also modify, suspend, discontinue or terminate, temporarily or permanently, Your Account, the Service, the Website, including any of the Service’s, the Website’, features, and/or Your access to all or any part of the Service/the Website (including Your Account), at any time, with or without cause, with or without notice, effective immediately, including, without limitation, for breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your Account and may be referred to appropriate law enforcement authorities. Upon modification, suspension, discontinuance or termination, regardless of the reasons therefor, Your rights to use the Service/the Website immediately ceases, and You acknowledge and agree that we may immediately deactivate Your Account and all related information and files in Your Account and/or bar any further access to such files or the Service. You acknowledge that ABS-CBN will not be liable to You or to any third party for any claim, loss or liability arising from or in connection with the modification, suspension, discontinuance or termination of Your Account or any other actions taken by ABS-CBN in connection with such modification, suspension, discontinuance or termination.
In case of termination of Your access and/or of Your Account, the same shall be without prejudice to any other rights or remedies that ABS-CBN may have at law or in equity.
All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, disclaimers, indemnity and limitations of liability.
CORRECTIONS
We reserve the right to correct any errors, omissions, and/or inaccuracies on the Service/the Website, including but not limited to descriptions, availability, pricing and/or other information about the Product/s, and/or any other information on the Website. We may change or update any information, including but not limited to information on the Service and/or the Product/s, at any time and without prior notice to You.
DISCLAIMER
To the fullest extent permitted by law, We disclaim any representations and warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement in connection with the Service, the Product/s and/or your use thereof. You agree and acknowledge that we shall have absolutely no liability in connection with the provision of the Service, including, but not limited to, any liability for damage to Your computer hardware, data, information, materials and business resulting from Your use of the Service/the Website/s
You agree and acknowledge that We make no warranty, representation or guarantee as to the content, sequence, timeliness, accuracy or completeness of the Service/the Website, or that the Website/the Service will be uninterrupted, secure or error free, or that any defects in the Service/the Website can be corrected, or that the Product/s, services and/or materials will meet Your requirements, or that the results obtained from the use of the Service/the Website will be effective, accurate or reliable; or that the quality of any Product/s, services, materials, information obtained by You from the Service/the Website will meet Your expectations or be free from mistakes, errors or defects.
The Service/the Website/s may include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and the services on the Service/the Website, including descriptions of any services therein, at any time without notice. The materials or services on the Service/the Website may be out of date, and We make no commitment to update such materials or services.
The use of the services, the downloading or other acquisition of any materials through the Service/the Website is done at Your own discretion and risk, and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from such activities.
You understand and agree that temporary interruptions of the services available on the Service/the Website may occur as normal events. You further understand and agree that We have no control over third party networks which You may access in the course of the use of the Service/the Website and therefore, delays and disruption of other network transmissions are completely beyond Our control.
You understand and agree that the services available on the Service/the Website are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR FUTURE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH (i) THE USE OF OR INABILITY TO USE THE SERVICE/THE WEBSITE, OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE SERVICE/THE WEBSITE OR (ii) THE USE OF OR INABILITY TO USE THE PRODUCT/S OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE/THE WEBSITE, AND/OR THE PRODUCT/S.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify and hold ABS-CBN, its Affiliates, respective directors, officers, shareholders, employees, agents, representatives and/or their respective Partners, free and harmless from and against and all claims, damages, liabilities, costs and expenses, including attorney’s fees, made by any third party due to or arising out of Your use of the Service/the Website/the Product/s, Your connection to the Service/the Website, Your purchase and use of the Product/s, Your failure to abide by the Terms, or your breach of any of your representations, warranties or obligations under the Terms, Your misuse of the Service/the Website and/or the Product/s, Your violation of the rights of any person or entity, or Your violation of any applicable laws.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, using the Service, sending emails, completing online forms, ticking online boxes, clicking online buttons constitute electronic communications. You hereby consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, via mobile phone and on the Service/the Website, satisfy any and all applicable legal requirement/s that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE/THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original and/or a physical signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
NO LEGAL RELATIONSHIP
These Terms and the use of the Service/the Website, Our databases and data, including Your uploading of any data and contents onto the Service/the Website, and/or Your pucrchase of the Product/s do not and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between You and ABS-CBN or any of its Affiliates. Your use of the Service/the Website for purchasing a Product/s constitutes the sole and sufficient consideration for any contribution You have to the Service and any other data.
MISCELLANEOUS
The Laws of the United Arab Emirates shall govern these Terms and Our relationship as service provider and subscriber without regard to conflict of law provisions.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Service/the Website, or use of or access to the Service/the Website.
We may assign any or all of our rights and obligations to others at any time.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or rules we post on the Service/the Website or in connection with the Service/the Website constitute the entire agreement between you and us.
If any provision/s of the Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision/s shall not affect the other provisions of the Terms. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision/s. All the other provisions of the Terms not affected by such invalidity or unenforceability shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience and have no legal or contractual effect.
If You have any questions or comments, please contact emea_sales@abs-cbn.com.
Date: 14 November 2024