Terms of Use
OVERVIEW
This website is operated by Brightside Merchants. Throughout the site, the terms “we”, “us”, and “our” refer to Brightside Merchants. We offer this website, PHBrightside.com (the “Site”), including all information, tools, and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (“Terms of Service”, “Terms”).
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including additional terms and policies referenced herein or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, and/or contributors of content.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or use any Services. Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates to the Site. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority under applicable laws in the Republic of the Philippines, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information that is provided for reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information. You agree it is your responsibility to monitor changes to the Site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are listed and charged in Philippine Peso (PHP) and are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund & Return Policy: https://phbrightside.com/pages/refund-return-policy
We make every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device’s display of any color will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and to limit quantities of any products or Services offered. All descriptions of products or pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order (including orders placed under the same account, credit card, or billing/shipping address). If we make a change to or cancel an order, we may attempt to notify you via the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases, and to promptly update your account and other information (including email address and payment details) so that we can complete your transactions and contact you as needed.
For more details, please review our Refund & Return Policy: https://phbrightside.com/pages/refund-return-policy
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the Site (including the release of new tools and resources), which shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, and will not contain unlawful, abusive, or obscene material, or any malware that could affect the operation of the Service or any related website. You may not use a false email address or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy: https://phbrightside.com/pages/privacy-policy
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information except as required by law.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any applicable laws or regulations; (d) to infringe upon our intellectual property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit malware; (h) to collect or track personal information of others; (i) to spam or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features. We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that results may be accurate or reliable.
You expressly agree that your use of the Service is at your sole risk. Except as expressly stated by us, the Service and all products delivered to you are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Brightside Merchants, our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service, even if advised of the possibility.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brightside Merchants and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to termination shall survive termination of this agreement. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using the Site. If in our sole judgment you fail to comply with any term or provision, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination and/or we may deny you access to our Services.
SECTION 17 – ENTIRE AGREEMENT
These Terms and any policies posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of laws principles. You agree to the exclusive jurisdiction of the courts of the Philippines.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms should be sent to: [email protected]
Brightside Merchants (PH)
Phone: 09774283032
Website: https://phbrightside.com
