GENERAL POLICIES, TERMS AND CONDITIONS

Definitions of Terms: The definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms and Conditions, unless otherwise explicitly defined; 

The  “Site” itself, the  services provided by our Site, and its linked pages, and all data, information, texts,  live chats, other messages, tags,  images, pictures, music  sound effects, features, videos, and live streams, programs, software, mobile apps, QR Code app, and all other applications or other materials made available through the Site or its related services are to be respected as  "Content" owned by  Shoppedia; 

Any feature of Shoppedia, when used by you, shall be subject to our Terms of Service (“ToS”), and new features enhancing or augmenting our existing services are also governed by these “ToS”; 

Shoppedia reserves the right to remove any content or information posted by anyone of its Users on the Site in accordance with Section 2 of our Terms of Use (“ToU”); 

As our “visitor” or “User”, you must accept our terms and consent to the processing of your personal data as described in the Privacy Policy linked here; 

You may not obtain or attempt to obtain unauthorized access to password protected and/or secure areas of the Platform and/or use of the Services that are restricted and intended only for those Customers with accounts registered in our Site and/or Services, or have access to any other protected information, through any means, not intentionally made available by us for your specific use; 

Parents or legal guardians must give their consent to minors or those below 18 years old, must agree to take charge of your children’s acceptance of these Terms of Use and shoulder the responsibility for their actions, as you will be accountable for any charges associated with the minor’s purchase of products or use of any of the Services and features of the Shoppedia platform, and must assume compliance with Shoppedia’s ToS, hence, unless consent is given by the parent/guardian, minors shall not be allowed to use our services in this site; 

The site encompasses an online selling platform service which provides an online avenue for the sale of goods and services between you as the Shopper (“Buyer”) and our Merchant (“Seller”); The actual Contract for Sale is directly between Shopper and Merchant, or (the “Parties”) collectively, and Shoppedia is not a party to that except for its commitment to fast and reliable service either by its In-House Service Unit itself, through the Merchant concerned, or with oversight from our Customer Service Department.  

Shoppedia does not have an obligation in connection with any “Buyer and Seller” Purchase Agreement or Sales Contract; 

 Shoppedia cannot ensure and does not commit that Shoppers or Users of our Services will eventually complete a purchase or transaction; 

Shoppedia reserves the right to modify or change, suspend, or discontinue any part of its services or all parts of this Site, at any time or upon notice, as required by law; 

Shoppedia may release certain Services or features in a beta version or a test run which may have yet to be adjusted to work correctly as planned, or in the same way it is intended to be in the final version, and Shoppedia shall not be held liable in such an instance; 

With or without notice, Shoppedia may restrict User’s access or impose limits on certain features or parts of our Services, or the entire Site at our sole discretion, without liability; 

For whatever reason, Shoppedia reserves the right to refuse User’s access to our Site or refrain you to gain the use of our Services, as it is to our sole discretion to allow or not to allow Users to open an Account with us. 

The effectivity of the license for use of Shoppedia Site and Services, always starts as soon as you open an account with us, and this remains effective until otherwise terminated; 

In the event that you are found guilty of any violation of our Terms of Use (“ToU”) or if you fail to comply with any stipulation in our said ToU, your account will be terminated by Shoppedia with or without notice; 

Shoppedia and its Assigns shall have the right to remove any Content that: 

violates these Terms of Service or our Prohibited and Restricted Items Policy; 

receives a complaint on said content from another User; 

if such Content is otherwise objectionable for whatever moral or legal reason; 

if we receive a request for removal, or notice of IPR infringement, or allegation of fraud or other legal instruction, without limiting the foregoing ToS; 

Shoppedia may also enforce the provisions of our Terms and Conditions by stopping or blocking the delivery of any communication (including, without limitation, status updates, postings, messages and/or chats) to or from our Site and Services as part of our effort to protect our Users;  

As visitor to our site, you must state your agreement not to commit any criminal offense against any one as you use our site or commit any action contrary to our policies on restricted, prohibited, and prescribed items; 

violate any law or laws in relation to fair trade practices and third-party rights; 

transmit, post, upload, or share and make accessible any prohibited and unlawful content as well as any alarming, distressing, harassing, tortuous, defamatory, vulgar, obscene, libelous, harmful, threatening, abusive, hateful, racially, and ethnically discriminating content, and those that are invasive of the privacy of anyone;  

upload fraudulent content or post false, misleading, and deceptive content, in any manner or use our site to deceive anyone; 

transmit, post, upload or otherwise make available any content featuring an unsupervised minor, or use our site to display minors that are harmful to them and the society, in any way; 

post, upload, use or authorize the use of our site and services to pretend to be another person or misrepresent an entity, or otherwise, falsify an affiliation with another person or entity; 

use our site and our services to benefit any third party in any manner not permitted by us or by the licenses granted to us and to our third-party users; 

change or manipulate the price of any item sold in our platform or interfere with other user's listings in our platform; tamper or take any action that may undermine the feedback or ratings systems in our platform; 

authorize, permit or cause to create a derivative work or translation of our services or modify these, without the express permission of Shoppedia; 

open a user account or access the Shoppedia platform or otherwise access your user account using any non-official Shoppedia hardware or software, a simulator or an emulator, simulator, including but not limited to bots, and other similar hardware or software; 

hack any portion of our site, or attempt to disassemble, decompile, or reverse engineer, or attempt to defeat or overcome any encryption technology or breach our security measures to manipulate data transmitted, processed, or stored by Shoppedia; 

manipulate identifiers or forge headers or otherwise manipulate in any manner an account in order to hide or disguise the origin of any content transmitted through our site and services; 

distort or remove any privacy or proprietary notices from the site; 

collect any information about or regarding our other account holders, including any personal data or information and any other proprietary information without limitation; 

make available either by upload, email, post, or transmission or by any other means, any content that you do not have a right to make available, under any law or contractual or fiduciary means, such as any content that you do not have a right to make available, any confidential or proprietary information or under a nondisclosure agreement or learned or disclosed as part of an employment contract; 

make available either by upload, email, post, transmission or by any other means any content that infringes any trademark, patent, trade secret, copyright, or other proprietary rights of the company or any other party; 

make available either by upload, email, post, transmission, or any other means, any unauthorized or unsolicited advertisement or promotional materials; 

make available either by upload, email, post, transmission, or any other means, any "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation that is unlawful or unauthorized; 

make available either by   upload, email, post, transmission or any other means, any material that contains worms, trojan-horses, other software viruses, or any other files or programs, computer code, routines, or application interface designed to destroy, interrupt, interfere with, manipulate, or limit the integrity and functionality of any computer software or hardware or data or telecommunications equipment, directly or indirectly; 

cause a screen to "scroll" faster, or disrupt the normal flow of dialogue of other users of our site and services, or otherwise act in a manner that negatively affects the ability of the other users of our site and services to engage in real time and productive exchanges; 

manipulate or disrupt our system and services, interfere with our servers or networks, or interfere with our services enjoyed by our legitimate users; 

disobey any requirements, procedures, policies, or regulations of networks connected to our system or site; 

engage in any conduct or take any action that could overburden, disable, damage, or impair our systems, servers or networks connected to our services, directly or indirectly; 

violate any applicable local, national, or international law, policy, regulation, rule, guideline, code, or directive including, without limitation, laws and requirements elating to anti-money laundering or counterterrorism through the use of our site and services whether intentionally or unintentionally, or whether or not having the force of law; 

violate or circumvent any sanctions or embargo administered or enforced by the Philippine treasury or by any other nation’s treasury or foreign assets control, and the United Nations Security Council, by using our site and service; 

violate the privacy of others or creating conflict or tension, to “harass” or "stalk" or otherwise defame another, through the use of our site or services; 

use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;  

list items which infringe upon the copyright, trademark, or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others; 

infringe the rights of Shoppedia, including any physical or intellectual property rights and any passing off of the same thereof. 

As User of our Site and Services, you understand that all contents, whether publicly uploaded or privately posted, is your sole responsibility as the person from whom such content originated. This means that you are entirely responsible for all Contents that you post, email, transmit, upload, or otherwise make available through our Site, and Shoppedia is not and will not be responsible in any way; 

By using our Site you also understand that you may be exposed to content that we have no control of, and that you may consider to be objectionable, offensive, or indecent; in which case, under no circumstances will Shoppedia be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any content posted, emailed, transmitted or otherwise made available by a third party, on the site;  

Shoppedia and its Assigns shall have the right, in their sole discretion to refuse, delete, stop, suspend, remove, or move any content, including without limitation any content or information posted by you, that is available on the Site without any liability to you, or to anybody; 

Shoppedia and its Assigns shall have the right to remove any Content that  

violates these Terms of Service or our Prohibited and Restricted Items Policy; 

receives a complaint on said content from another User;  

if such Content is otherwise objectionable for whatever moral or legal reason; 

if we receive a request for removal, or notice of IPR infringement, or allegation of fraud or other legal instruction, without limiting the foregoing ToS; 

Shoppedia may also enforce the provisions of our Terms and Conditions by stopping or blocking the delivery of any communication (including, without limitation, status updates, postings, messages and/or chats) to or from our Site and Services as part of our effort to protect our Users;  

You as User agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content;  

You also acknowledge that you have not and shall not, to the maximum extent permitted by pertinent provisions of the law, use or rely on any Content created by Shoppedia or submitted to Shoppedia found in any and all parts of our Site, including and without limitation, information in our engagements, forums, and any and all other Shoppedia community communications; 

You agree that Shoppedia may preserve, access, or disclose your Account information and Content to any legal, regulatory, or governmental authority, or to the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any regulatory authority having jurisdiction over Shoppedia;  

You also acknowledge and consent to the access or disclosure of your Account Information, if we, in good faith, believe that such access preservation or disclosure is reasonably necessary to:  

comply with legal processes;  

enforce these Terms of Service;  

enforce our Prohibited and Restricted Items Policy; 

respond to claims that your Content violates the rights of third parties, including intellectual property rights; 

respond to your requests for customer service; or 

protect the rights, safety, property, or personnel concerns of Shoppedia, and 

protect the rights of other Users of our Site and Services and/or the general public. 

YOUR PRIVACY 

allow Shoppedia to collect, use, disclose and/or process your information, content, personal data, and User Information as described in our Privacy Policy; 

acknowledge and agree that the proprietary and protective right to your user Information is jointly owned by you and Shoppedia; and you shall not, whether directly or indirectly, disclose your user Information in our site to any third party, or otherwise allow any third party to access or use your user Information, without Shoppedia’s prior written approval; 

If in using our site, you are in possession of another user’s personal data through the use of our services, you as the “Receiving Party” hereby agree that you will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow our user who is the “Disclosing Party” whose personal data you as the “Receiving Party” have collected to remove his or her data from the your database; and (iii) allow said  “Disclosing Party” to review what information have been collected about him or her, in each case of (i) and (ii) above, in compliance with or where required by the applicable laws; 

LIMITED LICENSE 

All trademarks, service marks, brand names, logos, proprietary content, and other intellectual property (“Intellectual Property”) displayed in our site are the property of Shoppedia, and or third-party proprietors identified in our site, where applicable. No license or right is granted, directly or indirectly to any party accessing our site, to use or engage in reproducing any of our intellectual property; 

No party accessing our site shall claim any right, title, or interest in our intellectual properties;  

By using or accessing our site and services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect our site and services, as well as any and all contents thereat;  

You agree not to copy, transmit, publicly display, publicly perform, distribute, republish, modify, adapt, rent, sell, or create derivative works of any portion of our site and services, as well as all contents thereat;  

You also should not frame or mirror the whole or any part of the contents of our site as part of any other website, or on any other server, without our prior written consent; 

 In addition, you agree that you will not use any spider, bot, or any other automatic device or manual process to monitor or copy our content, without our prior written consent. Our consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our website; 

Shoppedia welcomes you to link to our site from your website, as long as your website does not imply any endorsement by or association with Shoppedia. You acknowledge that Shoppedia may discontinue providing our services to you, either in part or as a whole, without notice, in our sole discretion and at any time; 

 APPLICATIONS/SOFTWARE 

ACCOUNT SECURITY 

Our site may require you to set up your own Account in order to use our services, select a unique user identification ("user ID") and password, provide personal information, and Shoppedia, in its sole discretion, has the right to suspend or terminate your Account if you choose a user ID that is found to be derogatory, inappropriate, or offensive;  

You may use your Account to gain access to other sites, products, or services with which we have a tie up or are collaborating with or which we have enabled access to;  

Shoppedia assumes no responsibility for any third-party functionality, security, services, content, practices or privacy policies, or other practices of third-party sites, products, or services; and if you use these third-party services, the terms of service for those sites, products, or services, including their respective privacy policies, may also apply to your use, if these are different from our ToS; 

You are required to keep your password confidential and use only your User ID and password when logging in, ensure that you log out from your account at the end of each session on our site and notify Shoppedia of any unauthorized use of your Account, User ID and/or password, and ensure that your account information is kept up-to-date and accurate; 

You may only use our Services and/or open an Account if you are located in one of our approved countries, and you need to update your address or location from time to time; 

Under all circumstances, you are fully responsible for all your activities and all activities that transpire under your account and user ID even if such activities or usage are not done by you, and any damage arising from unauthorized use of your password will solely be your liability and Shoppedia will not be held liable for any loss or damage to any party; 

Shoppedia, without notice and without any liability to any party, may for any reason, in its sole discretion  immediately terminate your account and your user ID, remove or discard from our site any content associated with your Account and User ID, cancel any transactions associated with your Account and User ID, temporarily or permanently withhold any sale proceeds or refunds, withdraw any subsidies offered to you, or take any other action that Shoppedia deems necessary, on actual or suspected grounds which may include, but are not limited to:  

violation of these Terms of Use, 

illegal, fraudulent, harassing, defamatory, threatening, or abusive behavior, 

abnormal or excessive purchasing of products from the same Seller or related group of Sellers, 

promotional voucher abuse including, but not limited to:  

selling of vouchers to third parties,  

selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on our site, 

creation, exploitation, or use of any unauthorized third-party software or products in conjunction with or operate the functions available on Shoppedia, or  

 IPR INFRINGEMENT REPORTING