Article 1 (Purpose)

These Terms and Conditions (“Agreement”) govern the rights, obligations, and responsibilities of CHANNEL.COM.PH (hereinafter referred to as the “Company”) and its customers or users (hereinafter referred to as the “User”) in connection with the use of the Company’s website, products, and services (collectively, the “Services”).

These Terms apply to all transactions conducted through electronic means, including but not limited to desktop, mobile, and other digital platforms.

Article 2 (Definitions)

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

1. “CHANNEL” refers to the virtual business platform operated by CHANNEL.COM.PH, through which goods and services are offered and transacted using information and communication technologies, and includes the entity operating such platform.
2. “User” refers to any individual or entity that accesses or uses the CHANNEL, including both Members and Non-Members.
3. “Member” refers to a User who has completed the registration process in accordance with the procedures established by the CHANNEL and is thereby eligible to receive ongoing services, information, and benefits provided to registered users.
4. “Non-Member” refers to a User who accesses or uses the Service without completing the membership registration process.

Article 3 (Display, Explanation, and Modification of the User Agreement)

The CHANNEL shall make this Agreement readily available and accessible to Users at all times to ensure ease of understanding.

The CHANNEL shall provide clear explanations and obtain explicit confirmation from Users regarding any material or significant provisions of this Agreement, including but not limited to payment terms, cancellation policies, and limitations of liability.

The CHANNEL reserves the right to amend or modify this Agreement to the extent permitted under applicable laws and regulations.

Any amendments or modifications to this Agreement shall become effective upon reasonable prior notice to Users, which may be provided through the CHANNEL’s website or other appropriate means.

Unless otherwise expressly agreed between the CHANNEL and the User, any amended terms shall apply only to transactions or contracts entered into after the effective date of such amendments.

Any matters not expressly provided for in this Agreement shall be governed by applicable laws, regulations, and generally accepted commercial practices.

Article 4 (Provision and Replacement of Services)

The CHANNEL shall perform the following services:

1. Providing information on goods and services and facilitating the conclusion of purchase contracts;
2. Processing orders and delivering purchased goods or rendering services; and
3. Performing any other duties as may be determined by the CHANNEL from time to time.

The CHANNEL reserves the right to substitute or replace any goods or services offered, where such substitution is necessary due to unavailability, discontinuation, or other reasonable circumstances.

In the event that substitution or replacement is required, the CHANNEL shall promptly notify the User through appropriate means, including but not limited to website notices, email, or other communication channels.

Any compensation, refund, or remedy arising from such substitution or replacement shall be provided in accordance with applicable laws and regulations.

Article 5 (Suspension of Services)

The CHANNEL may temporarily suspend the provision of the Service due to system maintenance, inspection, replacement, communication failures, or other operational or technical reasons.

In the event of service suspension resulting in damage to the User, the CHANNEL shall provide compensation in accordance with applicable laws and regulations, unless the CHANNEL proves that such suspension was not due to its fault or negligence.

In the event of permanent discontinuation of the Service, the CHANNEL shall comply with all applicable legal requirements, including prior notice to Users and the provision of any required remedies or compensation.

Article 6 (Membership)

Any User who wishes to become a Member shall apply for membership by completing the registration process and providing accurate and complete information as required by the CHANNEL.

The CHANNEL may deny or refuse a membership application under any of the following circumstances:

1. The applicant has previously lost membership due to violations of this Agreement or other applicable policies;
2. The applicant provides false, inaccurate, or incomplete information; or
3. The applicant is deemed likely to interfere with or disrupt the normal operation of the Service.

Membership shall become effective upon the CHANNEL’s approval of the application.

Members shall be responsible for maintaining accurate and up-to-date information and must promptly update any changes to their registered details.

Article 7 (Withdrawal and Loss of Membership Eligibility)

A Member may withdraw from membership at any time by submitting a request through the CHANNEL in accordance with the prescribed procedures.

The CHANNEL may restrict, suspend, or limit a Member’s eligibility or use of the Service under any of the following circumstances:

1. The Member provides false, inaccurate, or misleading information;
2. The Member fails to fulfill payment obligations or has overdue payments;
3. The Member interferes with or disrupts the operation of the Service; or
4. The Member engages in conduct that violates applicable laws, regulations, or generally accepted standards of public order and morals.

In the event of repeated violations or serious misconduct, the CHANNEL may terminate the Member’s account and cancel membership.

Except where immediate action is required due to legal or security reasons, the CHANNEL shall provide the Member with prior notice of at least thirty (30) days before termination or restriction of membership eligibility.

Article 8 (Notifications)

The CHANNEL may provide notices or communications to Users via electronic means, including but not limited to email, SMS, or other contact information provided by the User.

For matters of general applicability, the CHANNEL may provide notice by posting on the CHANNEL’s website or platform. Such notice shall be deemed effective upon posting, unless otherwise required by applicable laws.

Article 9 (Purchase Requests)

Users may place purchase requests for goods or services through the CHANNEL by completing the prescribed ordering process, which may include the following steps:

1. Selecting the desired goods or services;
2. Entering the required personal and delivery information;
3. Reviewing and confirming the details of the order and applicable terms;
4. Providing consent to this Agreement and any additional conditions;
5. Submitting the purchase order; and
6. Selecting and confirming the preferred method of payment.

Article 10 (Conclusion of Contract)

The CHANNEL may refuse to accept a User’s purchase request under any of the following circumstances:

1. The User provides false, inaccurate, or incomplete information;
2. A minor attempts to purchase goods or services that are restricted or prohibited by applicable laws; or
3. Acceptance of the order is likely to interfere with or disrupt the normal operation of the Service.

A contract for the purchase of goods or services shall be deemed concluded upon the CHANNEL’s issuance of an acceptance notice to the User.

The acceptance notice shall include confirmation of the order details, including but not limited to the goods or services purchased, pricing, and shipment or service delivery information.

Article 11 (Payment Methods)

Users may make payments for goods or services using any of the following methods, as made available by the CHANNEL:

1. Bank transfer;
2. Credit or debit card;
3. Online bank transfer; or
4. Electronic wallet (e-wallet) services.

The CHANNEL reserves the right to modify, add, or remove available payment methods at its discretion, subject to applicable laws and the availability of third-party payment providers.

Article 12 (Delivery of Goods and Services)

The CHANNEL shall deliver goods or provide services within the period agreed upon at the time of order confirmation, unless otherwise specified due to operational or logistical considerations.

Delivery timelines are estimates and may vary depending on product availability, location, courier services, or unforeseen circumstances.

The CHANNEL shall not be held liable for delays caused by force majeure events, including but not limited to natural disasters, government restrictions, labor disputes, or failures of third-party logistics providers.

Risk of loss or damage to goods shall pass to the User upon successful delivery to the designated delivery address, unless otherwise required by applicable law.

The User is responsible for providing accurate delivery information. The CHANNEL shall not be liable for failed or delayed deliveries resulting from incorrect or incomplete information provided by the User.

Article 13 (Cancellation, Return, and Refund Policy)

Users may request cancellation of an order prior to the issuance of a shipment confirmation or commencement of service, subject to the CHANNEL’s approval.

Once goods have been shipped or services have commenced, cancellation may no longer be permitted, except where required by applicable laws or expressly allowed under the CHANNEL’s return policy.

Returns or exchanges may be accepted under the following conditions:

1. The goods are defective, damaged, or not as described; or
2. The request is made within the applicable return period as specified by the CHANNEL.

Returned goods must be in their original condition, including packaging, accessories, and proof of purchase, unless the return is due to defects or errors attributable to the CHANNEL.

Refunds shall be processed using the original method of payment, unless otherwise agreed, and within a reasonable period in accordance with applicable laws and payment provider policies.

Shipping fees and other related costs may be non-refundable, except in cases where the return is due to the CHANNEL’s error or defective goods.

Article 14 (Limitation of Liability)

The CHANNEL shall be liable for damages incurred by Users in connection with the use of the Service only to the extent such damages are caused by the CHANNEL’s willful misconduct or negligence, and in accordance with applicable laws.

The CHANNEL shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, loss of business opportunities, or loss of data, except where such liability cannot be excluded under applicable law.

The CHANNEL shall not be responsible for any failure or delay in the performance of its obligations due to force majeure events beyond its reasonable control.

The CHANNEL shall not be liable for issues arising from services provided by third parties, including payment processors, logistics providers, or external service platforms, unless otherwise required by law.

Nothing in this Agreement shall exclude or limit any liability that cannot be lawfully excluded under applicable laws.

Article 15 (Protection of Personal Information)

The CHANNEL shall collect only the minimum personal information necessary to fulfill purchase contracts and provide the Service. Such information may include:

1. Name;
2. Address;
3. Telephone number;
4. User ID (for Members);
5. Password (for Members); and
6. Email address or mobile number.

The CHANNEL shall obtain the User’s prior consent before collecting any personally identifiable information, except where otherwise permitted by applicable laws.

The CHANNEL shall not use or disclose personal information to third parties without the User’s consent, except in the following cases:

1. Where it is necessary to provide minimum required information to delivery or logistics service providers for the fulfillment of orders;
2. Where the information is processed and used in a form that does not identify specific individuals for statistical or research purposes;
3. Where disclosure is required for payment processing through authorized payment service providers;
4. Where necessary to prevent fraud, illegal activities, or misuse of the Service; or
5. Where disclosure is required by applicable laws or regulations.

The CHANNEL shall disclose the identity and contact details of the person or department responsible for personal data protection, along with its privacy policies, in accordance with applicable laws and regulations.

Users shall have the right to request access to, correction, or updating of their personal information at any time, and the CHANNEL shall take prompt action upon such requests in accordance with applicable laws.

The CHANNEL shall implement appropriate technical and organizational measures to protect personal information, limit access to authorized personnel only, and shall be responsible for any damages resulting from loss, leakage, alteration, or unauthorized access due to its fault or negligence.

The CHANNEL shall retain personal information only for as long as necessary to fulfill the purposes for which it was collected and shall securely delete or destroy such information without delay once the purpose has been achieved, unless a longer retention period is required by applicable laws.

Article 16 (Obligations of the CHANNEL)

The CHANNEL shall comply with all applicable laws and regulations and shall use its best efforts to provide the Service in a stable, continuous, and reliable manner.

The CHANNEL shall implement and maintain appropriate technical and organizational security measures to protect Users’ information and ensure the safe operation of the Service.

The CHANNEL shall be responsible for any damages suffered by Users as a result of false, misleading, or deceptive advertisements or representations made in connection with the goods or services offered through the Service, in accordance with applicable laws.

The CHANNEL shall not send unsolicited commercial communications to Users without obtaining prior consent, except where otherwise permitted under applicable laws and regulations.

Article 17 (Obligations Regarding Account Credentials)

Members shall be solely responsible for maintaining the confidentiality and security of their account credentials, including their User ID and password.

Members shall not disclose, share, or permit the use of their account credentials by any third party.

Members shall be liable for any use of the Service conducted through their account, whether authorized or unauthorized, except where such use is attributable to the CHANNEL’s fault or negligence.

In the event that a Member becomes aware of any unauthorized use of their account or any security breach, the Member shall immediately notify the CHANNEL and take all necessary steps to prevent further unauthorized access.

The CHANNEL shall not be liable for any loss or damage arising from a Member’s failure to comply with the obligations set forth in this Article, unless such loss or damage is caused by the CHANNEL’s fault or negligence.

Article 18 (Obligations of Users)

Users shall comply with all applicable laws, regulations, and this Agreement when using the Service.

Users shall not engage in any of the following prohibited acts:

1. Providing false, inaccurate, or misleading information;
2. Unauthorized collection, use, or theft of personal data or account information of other Users or third parties;
3. Modifying, altering, or interfering with the content, structure, or operation of the CHANNEL’s website or systems;
4. Uploading, transmitting, or distributing any unauthorized data, software, viruses, or harmful programs;
5. Infringing upon the intellectual property rights, including copyrights, trademarks, or other proprietary rights of the CHANNEL or any third party;
6. Engaging in any act that disrupts, interferes with, or places an undue burden on the operation of the Service; or
7. Uploading, posting, or transmitting any content that is unlawful, obscene, defamatory, abusive, or otherwise objectionable, including violent or offensive materials.

The CHANNEL reserves the right to suspend or terminate access to the Service for any User who violates this Article, without prejudice to any other rights or remedies available under applicable laws.

Article 19 (Relationship Between Linking Mall and Linked Mall)

Where the CHANNEL provides hyperlinks or connections to third-party websites or services (each, a “Linked Mall”), the CHANNEL shall be deemed the “Linking Mall,” and the third-party website shall be deemed the “Linked Mall.”

Unless expressly stated otherwise, the CHANNEL, as the Linking Mall, shall not be responsible or liable for any transactions, agreements, or interactions conducted between the User and any Linked Mall, provided that the CHANNEL has clearly disclosed such limitation of liability.

Users acknowledge and agree that any dealings with a Linked Mall are conducted at their own risk, and the CHANNEL does not guarantee the accuracy, reliability, or quality of the goods or services provided by such Linked Mall.

Article 20 (Copyright & Limitation of Use)

All content created, developed, or made available through the CHANNEL, including but not limited to text, graphics, logos, images, software, and other materials (collectively, the “Content”), shall be the exclusive property of the CHANNEL or its licensors and shall be protected by applicable intellectual property laws.

Users shall not reproduce, distribute, modify, transmit, display, perform, publish, license, create derivative works from, or commercially exploit any Content without the prior written consent of the CHANNEL or the respective rights holder.

Where the CHANNEL uses any content or materials provided by Users that are protected by copyright or other intellectual property rights, the CHANNEL shall obtain the necessary consent or provide appropriate notice to the User, unless otherwise permitted by applicable laws or agreed upon in advance.

Article 21 (Dispute Resolution)

The CHANNEL shall establish and maintain an appropriate system for handling User complaints, inquiries, and claims for compensation in a fair and timely manner.

The CHANNEL shall give priority to the prompt resolution of complaints and disputes. In cases where resolution is delayed, the CHANNEL shall inform the User of the reasons for such delay and provide an estimated timeframe for resolution.

Any disputes arising between the CHANNEL and the User may be resolved through amicable settlement, or, where necessary, through mediation, arbitration, or other dispute resolution procedures conducted by competent courts or duly authorized agencies in accordance with applicable laws and regulations.

Article 22 (Governing Law and Jurisdiction)

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

Any disputes, claims, or legal actions arising out of or in connection with this Agreement shall be subject to the jurisdiction of the competent courts located in the place of the User’s address; provided, however, that where the User’s address cannot be determined, jurisdiction shall be determined in accordance with the applicable rules on civil procedure in the Philippines.

Supplementary Provision (Effective Date)

This Agreement shall take effect on February 1, 2012.