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Evisorya -Terms and Conditions

Terms and Conditions

 
Note: The Terms and Conditions ("Terms and Conditions") below are in effect for all EVISORYA PHILIPPINES transactions on or after the 1st of November, 2007. The Terms and Conditions set forth below describe the terms and conditions that apply to and govern Your access to and use of the Evisorya.com website and Services (as defined below). Do not use or access the Evisorya.com website or Services if You do not agree to be bound by such Terms Conditions.

The Evisorya.com Shopping Service

An Evisorya.com member may purchase “Divisorya” items (Products that can be purchased in Divisoria Manila – a known bargain basement priced commercial area in Metro Manila Philippines). Once an item is selected or requested online, member may then use his/her Credit Card to purchase the product. A notification is sent via email to the member for verification of order. Product delivery may vary due to mass and volume.

The Evisorya.com Retailer Service

Retailers may avail of our website services in order for their products to be displayed online.

The Evisorya.com Remittance Service

An Evisorya.com member may purchase a Evisorya.com ATM Card that allows his or her designated representative to withdraw money via Automated Teller Machines at various designated locations in the Philippines. The Evisorya.com ATM Card is obtained by logging onto the Evisorya.com website and registering by giving certain identifying information. A Evisorya.com member may fund the Evisorya.com ATM Card through the Evisorya.com website using his/her Credit Card. Funds will be paid in Philippine currency at select ATMs in the Philippines subject to currency availability and the conditions applicable to the selected disbursement location. Money is usually available for withdrawal via ATM promptly after validation of Your information and completed funds transfer, which may take up to 48 hours. These availability constraints should be considered in registering for a Evisorya.com account and the time when a prospective consumer wishes to have those funds available in the Philippines. The consumer will be charged certain additional fees for processing transactions at the time withdrawal is made and which will be deducted from the funds available on the Evisorya.com ATM Card.
Evisorya Philippines’ partner Bank provides banking services for the Evisorya.com ATM Card. Payment for the Evisorya.com ATM Card, and the addition of any value to the Evisorya.com ATM Card after You have received it, is received by Evisorya Philippines Co. located in the Philippines. You acknowledge and agree that Evisorya Philippines’partner Bank and Evisorya.com own the Evisorya.com ATM Card and may demand its return from you at any time for any reason they deem appropriate in their sole and exclusive discretion. You acknowledge and agree that: i) Your sole recourse for all purposes will be against Evisorya.com; ii) that Customer Service shall be provided solely by Evisorya.com and that you shall not look to its partner Bank nor any other entity which may provide incidental service and/or access through the Evisorya.com ATM Card for Customer Service and/or any other remedy in connection with the Evisorya.com ATM Card; and iii) there are not nor are there intended to be any third-party beneficiaries to this agreement and no third-party, known or unknown, anticipated or unanticipated, shall have any rights under these Terms and Conditions.
The consumer and their designated agents represent, warrant and certify to Evisorya.com that its and their use of the Services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms and Conditions of use. When required by applicable law, transactions, including but not limited to the purchase of card and/or the withdrawal of funds from your Evisorya.com ATM Card will be reported to the appropriate Philippine government authorities. In addition, Evisorya.com will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide Evisorya.com with certain information to allow Evisorya.com, among other things: to verify Your identity; to receive appropriate bank card authorization; and to complete the transaction. Evisorya.com is not an escrow service provider and You agree that You will not use Evisorya.com Services for escrow purposes. You agree that the information You provide is not false, inaccurate or misleading. Please email Evisorya.com at the email address listed below to obtain information regarding the conditions applicable to the Service You have selected. Please refer to Evisorya.com's Online Privacy Statement for information concerning Evisorya.com's use of this information. It is important to carefully review the information concerning REFUNDS and CURRENCY EXCHANGE.
Evisorya.com may amend these Terms and Conditions at any time by posting the amended terms on the Evisorya.com website, and all amended terms shall be effective immediately after they are posted to the website and, by not canceling your Evisorya.com registration promptly thereafter, You agree to be bound by those amended Terms and Conditions. It is Your responsibility to periodically review the Evisorya.com website, the Terms and Conditions and the Privacy Statement for any amendments, changes and/or additions and to promptly notify Evisorya.com of Your objection to any such amendment, change and/or modification and Your desire to have Your registration terminated. You may not except Yourself from any such amendment, change or modification and the only remedy to Your objection thereto is the termination of your registration with Evisorya.com. Your subsequent and/or continued use of the Evisorya.com ATM Card represents your irrevocable consent to these Terms and Conditions and any amendment and/or modification thereto.

Fees, Payment and Currency Exchange

Fees. In consideration for the use of the Service, You agree to pay to Evisorya.com a fee for each transaction initiated by You and/or Your agent at the applicable rate then in effect (the "transaction fee"). The applicable transaction fee for Your transaction will be provided to You prior to Your final authorization of the transaction, in addition to any applicable fees for additional services.
Currency Exchange. All payments will be made in Philippine currency. In addition to the transaction fees applicable to this transaction, a currency exchange rate will be applied. U.S. currency is converted to foreign currency at an exchange rate set by Evisorya.com and any difference between the rate given to consumers and the rate received by Evisorya.com will be kept by Evisorya.com (and, in some cases, its agents outside the U.S.) in addition to the transaction fees. For information concerning the current currency exchange rates provided by Evisorya.com to its consumers please review the fees section of this website and/or contact Evisorya.com customer service as descried in the "Contact Us" section of this website.
Remittance Payment. Transaction fees and the principal amount are due and payable before Evisorya.com processes the transaction and will be deducted from Your Evisorya.com ATM Card. Funds on account amounting less than ($10.00) may not be withdrawn through an ATM or used for POS purchases, however, a refund can be requested of such funds from Evisorya.com. To the extent Your Credit Card contains insufficient value to cover the transaction fees Evisorya.com reserves the right to decline the transaction and/or to complete the transaction and hold You liable for such fees at Evisorya.com's option and sole discretion and You agree to be liable for any such fees without limitation or exception. Additional value on Your Evisorya.com ATM Card is purchased though credit or debit card and each time You request to add value to Your Evisorya.com ATM Card, You authorize Evisorya.com to make the necessary charges to your credit and/or debit card. If such charge is declined by the issuer of Your debit and/or credit card the additional value will not be added to or made available to You on Your Evisorya.com ATM Card. Your agreement with Your debit and/or credit card issuer governs use of Your debit and/or credit card, and You must refer to that agreement to ascertain Your rights and liabilities as a cardholder, which may include a "cash advance" fee.

Delivery

Delivery of goods will be within 5-7 days upon ordering by means of reputable couriers (DHL, FEDEX, LBC). This will be a commitment to our patrons.

Returns/Refunds

Refunds will be made within 45 days of receipt of a valid written request from the Customer to the extent funds have not already been withdrawn and/or applied to fees or other charges or purchases.
You may return any item within 30 days of delivery for a full credit/refund of the purchase price. Shipping and handling charges are not refundable. Postage/delivery charge for the return will be paid for by the customer.
To make a return, send us an e-mail stating items to be returned. In your e-mail, please be sure to include your order number, the product(s) you wish to return, and the reason for the return.
Please allow 2 weeks for returns to be processed. Processing will start upon receipt of the returned items.

Returned items should be sent to either address below:

Evisorya Philippines Co.
Unit 812 Vicente Madrigal Building,
6793 Ayala Avenue, Makati City 1226
Philippines

Disclaimer

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVISORYA PHILIPPINES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, EVISORYA PHILIPPINES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
EVISORYA PHILIPPINES reserves the right, without prior notification, to limit and/or refuse service to any customer. Verification of personal identification information may be required prior to the acceptance of a member registration and/or for any particular service or instance of service You may wish to use.
Our services are available and may only be used in jurisdictions where they may be lawfully offered for sale and/or use. If You access our web Site, You do so on Your own initiative and are responsible for compliance with applicable local laws and regulations. It is Your responsibility to ascertain and determine whether Your use of Evisorya.com is lawful and permissible under Your applicable National, Federal, State and local law.

Limitation on Liability

IN NO EVENT SHALL EVISORYA PHILIPPINES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF EVISORYA PHILIPPINES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THORUGH THIS SITE. IN NO EVENT WILL EVISORYA.COM'S LIABILITY TO YOU EXCEED THE LESSER OF THE SUMS PAID BY YOU TO EVISORYA.COM FOR THE PARTICULAR INSTANCE OF SERVICE ALLEGEDLY GIVING RISE TO YOUR CLAIM OR $250, WHICHEVER IS LESS. THESE LIMTIATIONS SHALL APPLY NOTWITHSTANDING ANY FIALURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSIONS OR LIMITATIONS OF LIABILITY, FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY JURISDICTION MAY HAVE SUCH LIMITATIONS YOU ARE ENTITLED TO THOSE RIGHTS PROVIDED BY THAT JURISDICTION'S LAW, HOWEVER, ANY PROTION FO THIS LIMITATION NOT PROHIBITED OR LIMITED BY LOCAL LAW SHALL REMAIN IN FULL FORCE AND EFFECT. YOU ACKOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY EXTENDS TO, INCLUDES AND IS GIVEN FOR THE BENEFIT OF ALL OF EVISORYA.COM'S AGENTS, AFFILIATES, SERVICE PROVIDERS, COBRANDERS AND ALL OTHER ENTITIES THAT IN ANY WAY OR FORM YO COME INTO CONTACT AND/OR DEALING WITH IN USING YOUR EVISORYA.COM ATM CARD, INCLUDING BUT NOT LIMTED TO HORIZION LINE CORP. AND BANK OF COMMERCE, AND YOU HEREBY ACKOWLEDGE RECEIPT OF GOOD AND VALUABLE CONSIDERATION FROM EACH AND EVERY SUCH ENTITY IN EXCHANGE FOR THIS LIMITATION OF LIABILITY.

Indemnity

You agree to indemnify, defend and hold harmless EVISORYA PHILIPPINES and its partner Bank and all their officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or use of the Evisorya.com website or Services; and/or (ii) Your violation of the Terms and Conditions. Evisorya.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not in any event settle any matter without the written consent of Evisorya.com. Your indemnification obligations survive termination of this Agreement.

Choice of Law and Venue

This Agreement shall be governed by and construed under the laws of the Philippines (excluding the U.N. Convention on Contracts for the International Sale of Goods) without regard to conflict of laws principles. All lawsuits or claims relating to or arising out of this Service and/or the Terms and Conditions (including any dispute or claim regarding the applicability of this provision) shall be brought in (MAKATI RTC) and You consent to the subject matter and personal and in personal jurisdictions of said courts as to any lawsuit or claim relating to or arising out of this service and/or the Terms and Conditions including but not limited to any action by Evisorya.com and/or Horizon Line Corp. alleging the infringement of its Intellectual Property.

Payment Terms

EVISORYA PHILIPPINES charges outside the Philippines in United States Dollars. If You are using a foreign issued credit card, Your credit card bills You in Your credit card's preferred currency. Your actual charge will be determined by the exchange rate used by Your credit card company. The buyer will have to settle any outstanding amount with the concerning bank according to the policies, terms and conditions of the bank who has jurisdiction governing the legal use of that credit card owned by You and/or the cardholder.

Electronic Delivery of Future Disclosures

You agree to accept all subsequent disclosures (including, without limitation, disclosures required under Philippine laws relating to privacy or electronic fund transfers) and other communications between You and Evisorya.com on this website or at the primary email address You provided during registration. You may print and retain a copy of all such disclosures and communications by using Your personal computer and printer. In the event that Your primary email address changes, You must notify Evisorya.com. You may revoke Your consent at any time by contacting customer service, however, You may not except Yourself from any such amendment, change or modification and the only remedy to Your objection thereto is the termination of Your registration with Evisorya.com. EVISORYA PHILIPPINES may also make improvements and/or changes in the products, services and/or programs described on this web Site at any time without notice. The existence of and/or Your use of a particular service on this Site does not constitute a guarantee that the same service and the manner and/or terms upon which it is provided will continue into the future and Evisorya.com reserves the right to modify its services, the charges for such services, the Terms and Conditions upon which the services are provided and Evisorya.com's privacy policy, unilaterally and without prior notice. Your continued registration with and use of the service constitute Your consent to any such amendments, changes and/or modifications.

Intellectual Property

The Evisorya.com website, the Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by Evisorya Philippines Co., and all right, title and interest therein and thereto shall remain the property of Evisorya.com and/or such other third parties. The Evisorya.com website and Service may be used only for the purpose permitted by these Terms and Conditions. You are authorized solely to view and retain a copy of the pages of the Evisorya.com website for Your own personal, non-commercial use. You agree that you may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Evisorya.com website, the Service or any portion thereof for any public or commercial use without the express written consent of Evisorya Philippines Co. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Evisorya.com website and/or Service; and (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Evisorya.com website (or printed pages thereof). The name Evisorya.com and other names and indicia of ownership of Evisorya.com's Service are the exclusive marks of Evisorya Philippines Co. Other product, service and company names appearing on the website may be trademarks of their respective sponsors or partners.

Links to Other sites

The Evisorya.com website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with Evisorya Philippines Co. resources or their contents. Links do not imply that Evisorya.com is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Evisorya.com or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Evisorya.com does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.

Miscellaneous

These Terms and Conditions, together with all other items incorporated herein by reference, embody the entire agreement and understanding between You and Evisorya.com and supersede all prior agreements or understandings You have with Evisorya Philippines Co. Evisorya Philippines Co has the right to assign these Terms and Conditions to a subsidiary or affiliate company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without Evisorya Philippines Co.'s prior written consent. If any one or more of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. These Terms & Conditions may not be amended, changed or modified without the signed written consent of a duly authorized representative of Evisorya Philippines Co. Your access to and use of the Evisorya.com website and Service is governed by Philippine law, without regard to its rules regarding conflicts of law. The Evisorya.com website and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

For consumer inquiries or comments write to:

support@evisorya.com

 

 

 

 

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