Terms of Service
Terms and Conditions – DealAmigos
(Updated as of 29 Jan. 2012)
1. GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE
1.1 YOUR ACCEPTANCE OF THIS AGREEMENT:This is an agreement between you (“customer,” “user,” “member,’ “subscriber”) and DealAmigos.com, a group buying website / platform owned and operated by Delmana, Inc. (hereinafter referred to as “DealAmigos,” “DealAmigos.com”, “we,” or “our”), that governs your use of the DealAmigos Web site (“Site” or “Web site”).” When you access or use the Site in any way you agree to be bound by these Terms and Conditions (“Terms”).
1.2 CHANGES:We may periodically change the Terms and the Site without prior notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
1.3 HOW YOU MAY USE OUR MATERIALS:We use a diverse range of information, text, photographs, designs, graphics, images and other materials and effects on the DealAmigos Web site.
We provide the information, content or advertisements (which we collectively call the “Materials”) on the DealAmigos site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
Accordingly, You may view, use, copy, and distribute the Materials found on DealAmigos Web sites for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the DealAmigos Web site. You may not use the DealAmigos Web sites to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by DealAmigos, its subsidiaries, parent companies, and/or any third party owner of such rights.
1.4 HOW YOU MAY USE OUR MARKS:The DealAmigos company name and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Delmana, Inc. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any DealAmigos name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of DealAmigos. Requests for authorization should be made to info@DealAmigos.com
1.5 HOW WE MAY USE INFORMATION YOU PROVIDE TO US:Do not send us any confidential or proprietary information. Any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
1.6 AGE:DealAmigos Web site is intended for use primarily by persons 18 years or older.
1.7 NO ENDORSEMENTS MADE BY DealAmigos:We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions (“deal”) or Materials, including advice, ratings, and recommendations contained on, distributed through the DealAmigos Web sites.
References that we make to any names, marks, products or services of third parties or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the DealAmigos Web sites (the “Deal”).
1.8 CONTENT DISCLAIMER:DealAmigos communicates information provided and created by merchants, marketing agents, employees, users, resellers and other third parties. DealAmigos has no control over the accuracy of such information on our pages, and material on the DealAmigos Web site may include technical inaccuracies or typographical errors.
We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
All of the data on Deal including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Deal. You should use discretion while browsing the Internet.
DealAmigos reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Sites. Where appropriate, we will endeavour to update information listed on the Web site on a timely basis, but shall not be liable for any inaccuracies.
1.9 WARRANTY DISCLAIMER:Any use of the DealAmigos Web site, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. DealAmigos disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the DealAmigos Web Site.
THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DEALAMIGOS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. DEALAMIGOS DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DEALAMIGOS DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH AND ADVERTISED OR RECEIVED THROUGH THE SITE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL DEALAMIGOS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF DEALAMIGOS IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. DEALAMIGOS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
2. REGISTRATION AND ACCOUNTS
2.1 Your Registration: If You are merely browsing our Website sites, You need not register. However, You must register in order to Get / make Purchase from the Website. This is so that we can provide You with easy access to print Your vouchers, view Your past purchases and modify Your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
2.3 Your Log-In Passwords:Once You finish Registration, maintaining the confidentiality of Your log-in password is Your sole and full responsibility. In the event You forgot Your password, only You can change / modify Your password. The Website cannot system-generate a step to assist You recall Your old password and it does not have access to any of Your passwords, old and new.
2.4 Valid Email Addresses: Your account must be registered with a valid personal email address that You access regularly so that You will receive all notices / instructions regarding completion of Your transaction(s).
2.5 Closing Accounts: We reserve the right to close accounts if any user is found to be making fraudulent transactions or attempts to disrupt the Website by flooding the Site with false orders / purchases.
3. TERMS OF SALE
3.1 DealAmigos: DealAmigos is the issuer of vouchers for the goods and/or services provided by the Merchant. DealAmigos makes a voucher available that can be redeemed in connection with the User’s purchase of the goods and/or services from the Merchant. In no way shall DealAmigos be considered to be engaged in selling / providing any of the goods and/or services featured in the website.
3.2 The Merchant: The Merchant is the seller of the goods and/or services and is solely responsible for allowing redemption of any DealAmigos voucher issued. The Merchant is required to cross reference the name of the person redeeming the good/s and/or service/s from a list of buyers and gift recipients provided by DealAmigos. The Merchant is solely responsible for the validation of used and unused vouchers. The Merchant will have his own applicable terms and conditions in relation to his own supply of goods and services.
It is at the discretion of the Merchant to determine whether the Vouchers can be combined with any other promotions, vouchers, third party certificates or coupons.
3.3 Voucher: The Voucher is a system-generated document entitling the bearer to receive from the Merchant the goods / services indicated in the document. Each Voucher has its own unique code to assure its authenticity and legitimacy. The User takes full responsibility for securing the Voucher in his possession, being a bearer document that is transferrable to anyone.
Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially invalidate the Voucher at our discretion.
3.4 Making a Purchase: (a) After you have chosen the deal(s) to purchase, make sure that you have registered / logged-in to your DealAmigos account. (b) Click on the “Get Deal” button of Your chosen Deal for You to fill up Your Purchase Order. (c) To confirm Your Purchase Order, click first the “I agree to the Terms & Conditions of DealAmigos”. (d) To select Your payment mode, click the “Mozcom PayEasy” button and confirm.
3.5 Successful Purchase: Once You have completed Your purchase transactions, You can now access Your DealAmigos voucher at Your “My Voucher” in Your “My Account”. Print Your DealAmigos voucher for redemption at Your selected branch.
3.6 Order Cancellation: All purchase orders are considered final and non-refundable.
3.7 Redemption:Vouchers are only valid within the redemption period stated in the Deal’s “Fine Print”. Unredeemed vouchers after the redemption period are considered forfeited and non-refundable.
4. Force Majeure
DealAmigos shall not be liable for any breach of our obligations under this Agreement brought about by fortuitous events (acts of God, wars, power and telecommunications failure, etc.).
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and, where capable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
6. Law and Jurisdiction
This Agreement, and all non-contractual obligations arising out of or connected to it, shall be governed by the laws of the Philippines. Each party submits to the non-exclusive jurisdiction of the Philippine courts.