Terms of Use

Terms of Use

We ask all our site users, which shall hereon forward be known as “You”, “Your”, or any relevant term, to carefully read these Terms of Use, which shall hereon forward be referred to as “Terms”, before you visit or make use of Balay PH.com, which shall hereby be known as the “Service”.

Balay PH.com is operated by the Balay PH team, which shall hereon be referred to as “We”, “Us”, “Our”, or any other relevant term.

Your use and access of the Service is under the condition of your acceptance and compliance with the Terms herein. All of these Terms are applicable to all site visitors, users, and other individuals who make use of access the Service.

By making use or accessing the Service, you agree that you are bound by all the Terms stated herein. If you do not agree with all or any part of these Terms, then you may not use or access the Service.

Links to Third-Party Websites

Our Service may have links to third-party services or websites that are not controlled or owned by Balay PH.

We have no control over and are not responsible for the content, practices, or policies of any third-party services or websites. You further agree and attest that Balay PH shall neither be held liable nor responsible, whether indirectly or directly, for ay loss or damage caused or claimed to have been caused by the use of or in connection of your reliance on any content, services, or goods you were able to access or avail of on or through such services or websites.

In line with this, we strongly recommend that you read fully and carefully the terms and conditions as well as the privacy policies of any or all third-party services or websites you access or visit.

Suspension or Termination

We may either suspend or terminate your access to our Service at any time, without any given notice or liabilities on our part, for whatever reason, including but not limited to your inability to abide by these Terms.

All stipulations stated under these Terms, which should naturally survive any type of termination shall outlast this termination, including but not limited to warranty disclaimers, ownership provisions, limitations of liability, and indemnity.

Indemnification

You hereby consent to defend, guarantee and hold Balay PH harmless as well as its licensors and licensees and their employees, agents, contractors, officers, and directors against and from any and all damages, claims, losses, obligations, costs or debt, expenses, and liabilities (including but without limitations to attorney’s fees) that resulted or arose from a) a breach of the provisions of these Terms, and/or b) your access or use of the Service.

Limitations of Liability

In no circumstances shall Balay PH or its directors, partners, employees, agents, affiliates, or suppliers be held responsible or liable for any incidental, indirect, consequential, special, or punitive damages, including but not limited to loss of data, goodwill, profits, use or other intangible types of losses that resulted from (i) your use of, access to or inability to use or access our Service; (ii) any content or conduct from any third-party placed or done on the Service; (iii) any content gathered from the Service; and, (iv) unapproved alteration, use, or access of your content or transmissions, whether based on contract, warranty, tort (including negligence), or any other legal theory, regardless of whether we have been given prior notification of the possibility of such damage or not, and even if a solution that has been set forth herein is found to have not achieved its basic purpose.

Warranty Disclaimer

Use or access of our Service is at your sole discretion and risk. The Service herein is provided on an “AS AVAILABLE” and “AS IS” basis. Because of this, the Service is provided to its users without any type of warranties, regardless of whether it was implied or expressed, including but without limitations to warranties of merchantability, course or non-infringement of performance, or fitness for a specific purpose.

Balay PH and its affiliates, subsidiaries, and licensors do not guarantee that a) any defects or errors will be corrected; b) the Service will function securely, uninterrupted, or will always be available at any location or time; c) the results of using or accessing the Service will meet all your needs or requirements; or d) the Service is free from viruses or other components that may be harmful to your hardware.

Exclusions

There are some jurisdictions that will now allow the exclusion of specific warranties or the limitation or exclusion of liability for incidental or consequential damages, so with this, the limitations stipulated above may not be applicable to you.

Governing Law

The Terms stipulated herein shall be governed and construed to be in accordance with the laws of the United States of America, without regard to its conflict of law provisions and with exclusions pertaining to the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enact any stipulation, provision, or right on these Terms shall not be considered a waiver of these rights. If any stipulation stated herein is found to be unenforceable or invalid by any court, the remaining stipulations in these Terms shall remain to be in effect. These Terms constitute the whole agreement with regards to our Service between you, as our User and us, the provider and shall replace and supersede any agreements that we might have had between us before with regards to the Service.

Binding Arbitration and Class Action Waiver

This section applies to any dispute. The term “dispute” means any dispute, action, or other controversy between you and WowAmazing.com concerning the services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute. In the event of a dispute, you or Balay PH.com must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute to the contact us form on this page. You and Balay PH.com will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Balay PH.com may commence arbitration.

Binding arbitration. If you and Balay PH.com don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final.

Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Balay PH.com will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Changes

We reserve the right to modify, alter, or replace these Terms at any given time, at our sole discretion. If a revision is material or extremely important, we will do our best to provide at least 30 days-notice before the new terms are to take effect. What we will consider as a material change shall be determined at our sole discretion.

Your continued use or access of our Service after the efficacy of these revisions shall be construed as your agreement of the revised Terms and you will be deemed legally bound by this. If you disagree to any or all of our revisions, then it is incumbent upon you to stop accessing or using the Service.

Contact Us

Should you have any questions regarding the stipulations stated in these Terms, feel free to contact us.




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