Throughout the entirety of this TERMS OF USE, this website (zabel.ph), Zabel, a brand of Zabels Fashion,a Metro Manila Philippines company; its owner and operator, hereinafter is referred to as; "Company", "we,", "our", or "us". Before you begin to use our Website, please take a moment to review these Terms of Use ("Agreement") which is a legal agreement. The Agreement describes the Terms and Conditions you must agree to before you use of our website and the services provided through or in connection with our website (collectively, "Service"). These terms may be updated and changed by us from time to time by posting the same on our website without further notice to you. Continued use of our Services after posting the changes or modifications constitutes an acceptance by you of the changes or modification. You must agree with all of the terms and conditions in this Agreement and the posted Privacy Policy ("Privacy Policy"), which is incorporated by reference, before you use the Service. If you do not agree to be bound by the terms and conditions set forth below, you may not use or access our website or the Service. In addition you must be 18 years of age, a Philippines Citizen, or of legal adult age and capacity in your country of residence or business, and possess the legal authority to enter into an agreement to use our website.
1. USER AGREEMENT.
By using this Website, you agree to be bound by and to comply with these Terms of Use and the posted Privacy Policy which is incorporated herein as though fully set forth herein. Upon clicking on any link on our website, our technology will forward you directly to our product or service pages OR directly to the participating advertiser and a new window will appear. You understand and agree that while we control only the home page, informational pages on our Website, we shall not be responsible for any service, product or any subsequent agreement you may enter into with an advertiser who has a link on our Website. Your use of the services on our Website is subject to all applicable federal, state and local laws and regulations. Our Services are void where prohibited. You understand and agree that we may use information about you collected on our Website as more fully described in our posted Privacy Policy;
WE ARE NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE. UPON ENTRY INTO AN ADVERTISER'S WEBSITE LINKED TO THIS WEBSTIE, YOU SHOULD CAREFULLY REVIEW THE Privacy Policy AND TERMS OF USE OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION AS THOSE POLICES AND TERMS WILL DIFFER FROM THESE.
2. YOUR REPRESENTATIONS AND WARRANTIES.
You represent and warrant that: (i) You are at least 18 years of age, are a Philippines citizen, or of legal adult age and capacity in your country of residence or business, and possess the legal authority to enter into an agreement and to use the Website in accordance with this Agreement; (ii) All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited); (iii) You represent and warrant that you will not abuse our Website and if we believe such conduct has occurred we may deny you access to our Website, as determined by us in our sole discretion.
3. CHANGES TO TERMS OF USE AND POLICIES.
We reserve the right, in our sole discretion, to change, modify or otherwise alter this Agreement and the posted Privacy Policy, which appear on this Website at any time for any reason which change, modification or alteration is effective upon posting without further notice to you. It is your responsibility to review this Agreement and the posted Privacy Policy, for changes each time before you use our Service. Your continued use of our Service following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of the notice of changes.
4. PROHIBITED USER CONDUCT.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our website or any linked website. You are prohibited from accessing or attempting to access private areas of the Website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity while using our website or requesting services from our website.
You are prohibited from infringing or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms of Use without our prior express written authorization; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content on our website content; or except as otherwise expressly permitted on our website, use any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
5. SMS / TEXT MESSAGES
Signing Up and Opting-In to the Service
To enroll in the service, you must provide your mobile phone number and accept these terms and conditions. You must also be over 18 years old to enroll. Before the service begins, you will need to agree to these terms. Company reserves the right to stop offering the service at any time, with or without notice.
Your mobile phone number and information will NEVER be shared or sold to third parties.
By opting into the service, you:
Acknowledge that you do not have to agree to receive messages as a condition of purchase. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or update our records with your contact information, don't hesitate to contact us. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Message Frequency
Once you affirm your choice to opt-in to the Service, your message frequency may vary. The message frequency is clearly stated during the sign up process on the sign up form.
Charges and Carriers
Text messaging and data charges may apply. Please review your service agreement with your wireless carrier or contact them to determine the fees for sending and receiving text messages and any other charges that may be associated with using the service. You are responsible for any message, data, or other fees that may be incurred as a result of using the service, including usage and subscription fees.
Carriers are not liable for delayed or undelivered messages. Supported carriers are AT & T, T-Mobile, Sprint, Boost, Virgin Mobile, US Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, Globe (PH), Smart (PH), Dito (PH), and other smaller regional carriers within the USA and the Philippines. The Service may not be available on all wireless carriers. Company may add or remove any wireless carrier from the Service at any time without notice.
Opting out
To opt out, you must text the word STOP to any of the messages you have received from Company. This is the only way to opt out. For services that use a different number, text STOP to that number to unsubscribe. Your opt-out request may generate either a confirmation text or a request to clarify which text message program the request applies to (if you have more than one). To complete the opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command, and agree that Company and its service providers will not be liable for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Company through any other programs you have joined until you separately unsubscribe from those programs. These terms will still apply if you withdraw your consent or opt out of the service. Our SMS campaign currently updates subscribers about minority and disabled benefits that they may be eligible for through Company.
For customer care information, you may reply with the word HELP to the number that sent you the message. Your HELP request may generate either a confirmation text or a request to clarify which text message program the request applies to (if you have more than one).
6. ADVERTISER PROMOTIONS & CONTENT.
Our Website displays and makes available content, promotions, advertisements, and offers provided by third parties, as well as goods and services offered by third parties. You understand and agree that we shall not be responsible and shall have no liability for any third party promotion or product or for your activities on any third party websites linked to our Website. If you participate with any third party linked to or through our Website, you do so solely at your own risk. You agree that your sole remedy in connection with any third party will against or with that third party and you shall have no remedy against us arising from your use of or participation in, or inability to use or participate in, any third party promotions or their website.
7. RELATIONSHIP WITH ADVERTISERS.
This is an independent Website. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by our Website. Furthermore, participating advertisers are independent third parties to us and we are not acting as a principal, agent or broker with respect to any participating advertiser. We have a financial relationship with the advertisers and vendors.
WE DO NOT SHARE your information with any third party. Please see our Privacy Policy for specific collection practice and use of your information collected by Company
8. LINKED WEBSITES DISCLAIMER.
You are able to link to third parties' Websites ("Linked Websites") from our Website. Linked Websites are not, however, reviewed, controlled or examined by us and we are not responsible for the content, availability, advertising, products or other materials on any Linked Websites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Websites. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of or your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any questions or concerns to the Linked Website's owner. We reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of these websites.
9. INTELLECTUAL PROPERTY RIGHTS.
The content of this Website is owned by us and other parties. As between us, we are the sole owner of our Website and all materials on or available through our Website, including without limitation, all applicable Philippines and non-Philippines copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Website Content"). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of our Website Content solely for your personal, non-commercial use or records, provided that our trade marks, logos or other legends which appear on the copied screens remain on the printed material and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from us and all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent our security features, or to utilize our website for other than its intended purposes is strictly prohibited.
10. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or the products or services provided on or through our Website, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our website or combination thereof, including injury or damage to you or your computer.
OUR WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE, AND OUR PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PARTICIPATING ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF OUR WEBSITE, AND OUR WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THAT ANY PORTION OF OUR WEBSITE INCLUDING THE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO OUR WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE, OUR PARENT COMPANY, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR ANY SERVICES OF THIRD PARTY ADVERTISERS EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF OUR WEBSITE OR ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. MONITORING WEBSITE USAGE.
You agree that we may electronically monitor our Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate our website; or (iii) to protect our rights or the rights of our users, vendors, sponsors, providers, and licensors.
13. DEALINGS WITH THIRD PARTIES.
Your correspondence or business dealings with any third parties as a result of your use of our Website or Service, including, but not limited to, business dealings with participating Advertisers any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party Advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on or through our Website.
14. WAIVER AND SEVERABILITY OF TERMS.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
15. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and us and governs your use of our Website and Service, superseding any prior agreements.
16. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF OUR SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
If you have any questions about this TERMS OF USE, please contact us.
Zabel
Mandaluyong, Metro Manila, Philippines
+63 947-537-8696
