Terms and Conditions of Use of Services

Welcome to the Power Mac Center Online Store (“Online Store”). Thank you for shopping with us. By accessing the Online Store and using its services, you confirm that you are eighteen (18) years old or above and capable of giving consent to a contract and you also confirm that you agree to these Terms and Conditions of Use of Services (“Terms of Use”) along with our Privacy Policyand our Terms of Sale.

1. Definition of Terms

For purposes of these Terms of Use, the following terms or words or phrases shall mean or be understood as follows:

(a) Customer – refers to the buyer of any Product sold on the Online Store. Also designated or referred to in these Terms of Use as “you”.

(b) Online Store – refers to the internet website www.powermaccenter.com through which the Seller sells Products to a Customer.

(c) Order – refers to a Product chosen for purchase by Customer and communicated to Seller using the form provided by the Online Store. Each Order corresponds to a single Product. Should several Products be indicated or listed in a single form, each product ordered shall be deemed as one order.

(d)  Product – refers to an item which is sold on the Online Store.

(e)  Sales Contract – refers to the agreement for the sale of a Product between you (the Customer) and the Seller.

(f) Seller – refers to Power Mac Center, Inc. which owns and/or operates the Online Store through which Products are sold to Customers.

(g) Services – refers to the information and services made available by the Online Store or by another provider to a Customer of the Online Store.

(h) Terms and Conditions of Sale – refers to the terms and conditions stated in Sales Contract for the sale of a Product between you (the Customer) and the Seller which is also referred to as “Terms of Sale”.

(i) Terms and Conditions of Use of Services – refers to the terms and conditions governing access to the Online Store or use of the Services which is also referred to as “Terms of Use”.

2. Use of Services

2.1. Requisites. Seller allows you, the Customer, to access its Online Store and to use the Services subject to the following conditions:

(a) you confirm that you are eighteen (18) years old or above and capable of giving consent to a contract;

(b) you confirm that you agree to the Privacy Policy and any amendment or supplement;

(c) you confirm that you agree to these Terms and Conditions of Use of Services (“Terms of Use”) and any amendment or supplement;

(d) you confirm that you will access the Online Store and use the Services in good faith, for a lawful purpose and in a lawful manner;

(e) you confirm that you agree that your purchase of any Product through the Online Store shall be governed by the Terms and Conditions of Sale and any amendment or supplement;

(f) you confirm that you will provide the Online Store with correct, complete, and up to date information only relative to your Order;

(g) you confirm that the Online Store or any other online store has not denied, suspended, or disallowed you to access or use its services; and,

(h) you confirm that your access or use of Services is at the discretion of the Online Store which may opt to deny or not to allow you access or use of Services or, if applicable, disallow your continued access or use of Services without prior notice to you.

2.2. Indemnity. You agree that you will defend and indemnify Seller against any and all claims that relate to: (a) your access to the Online Store or use of the Services, (b) your breach of any of your representation or warranty in these Terms of Use or the referenced Terms of Sale and the Privacy Policy, (c) your breach of any term of these Terms of Use or the referenced Terms of Sale and the Privacy Policy, and (d) your breach of any law.

2.3. Assumption of Risk. Seller provides the Online Store and the Services without any representation or any warranty as to its content, nature, condition, or performance. You agree that you will assume the risk for your access or use of the Online Store and the Services. You confirm that you will not hold Seller liable for any error, delay, service interruption, security breach or leak, or any other fault or defect relative to access or use of the foregoing, or for any loss or damage caused.

2.4. Availability. Seller reserves the right to deny, suspend, or disallow access or use of its services to the general public or to an individual at its sole discretion and without any notice.

2. Intellectual Property

2.4. Recognition of Rights. The Online Store is owned by the Seller and all intellectual property rights in or to the Online Store or to its contents are owned by or licensed to Seller. These Terms of Use do not grant you any right in or to the Online Store or to its contents except as expressly provided.

3. Use of Information

3.4. Consent to Use Information Provided. You warrant that all information, material or content that you provide or submit to Seller or post in the Online Store are correct, complete, up to date, not contrary to law, and not confidential. You warrant that you have the right to grant and that you grant Seller permission to use any or all of the information, material or content that you provide or submit to Seller or post in the Online Store without limitation, without attribution, and without compensation. This Clause applies to the personal information which is subject to our Privacy Policy to the extent that you make it available on or through the Online Store.

3.5. Consent to Receive Promotional Materials and Similar Notices. In addition to and without limiting Clause 4.1, you grant Seller permission to collect, process and process the personal information you provided for the purpose of sending you promotional materials and similar notices. Should you wish to decline from further receiving any such material or notice, you may notify the Seller as provided.

4. Communications

5.1. Mode. Should you have any question or notice, you may contact the Seller through the “Contact Us” page on the Online Store. In turn, Seller will contact you through the email address you provided, or the residence or office address you provided.

5. Termination

5.4. Upon your request. You may request to terminate these Terms of Use and Seller will strive to accommodate your request on a commercially reasonable effort basis without prejudice to its rights.

5.5. Upon Seller’s determination. Without prejudice to any other right, Seller may at its sole discretion deny or not allow you access or use of Services or, if applicable, disallow your continued access or use of Services without prior notice to you.

6. General Provisions

6.4. Entire Agreement. These Terms of Use constitute the full and complete agreement between you and Seller. Should there be a prior agreement, representation, or understanding whether written or verbal, these Terms of Use shall supersede it.

6.5. Revision. Any revision, waiver, or cancellation of any term or condition in these Terms of Use must be in writing.

6.6. Language. Any communication between you and Seller shall be made in the English language.

6.7. Governing Law. This Agreement shall be governed by and interpreted under Philippine laws, which shall prevail in the event of any conflict of laws.

6.8. Severability. Should any part of these Terms of Use be declared contrary to law or unenforceable, then such part shall be deemed severable from the rest of the Terms and the remaining parts deemed in full force and effect.

6.9. Venue. Should there be any dispute arising from or in relation to these Terms of Use, both you and Seller agree that a complaint shall only be filed in the proper court or quasi-judicial agency located in Makati City, Metro Manila.

This is a unique website which will require a more modern browser to work!

Please upgrade today!