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Terms of Service


Last updated: December 29, 2022 3:00 PM PHT


Your use of the Service means that you agree to be bound by these terms, all applicable laws and regulations. If you do not agree with any of these Terms, discontinue use of the Service or access of the site.



Services



Service Provider shall render the following services (the "Services") to Client/Customer: Provision. The Agreement governs access to, and use of the Services, and any associated Software. Customer may access and use the Services in accordance with the Agreement.


Service-Specific Terms. Certain Services, or portions thereof, may be subject to additional terms, including third party terms and conditions, that are specific to the particular Services and are set forth in the Service-Specific Terms. By accessing or using Services covered by any Service-Specific Terms, you agree to the applicable Service-Specific Terms. If there is a conflict between these Terms and the Service-Specific Terms, the Service-Specific Terms will control with respect to the applicable Services or portions thereof.


Modifications. Chamu may need to revise the website’s terms of service from time to time. Please check these Terms periodically for changes. Your continued use of this website will be regarded as acceptance to be bound by the current version of these terms of service. If chamu changes the Services in a manner that materially reduces their functionality, chamu will notify Customer at the email address associated with the account, and Customer may provide notice within thirty days of the change to terminate the Agreement. This termination right will not apply to updates made to features provided on a beta or evaluation basis. Without limiting the foregoing, from time to time, chamu may add additional features to enhance the user experience of the Services at no additional charge. However, these free features may be withdrawn without further notices.


Software. Generally, some of the Services may allow Customer and End Users to use the Software that may update automatically. Chamu hereby grants to Customer during the Term a limited non-exclusive license to use the Software solely in connection with the Services and in accordance with the Agreement. This license is non-transferable (subject to Assignment), irrevocable (except as set forth in Termination), and will be fully paid up upon Customer’s payment of the Fees.


Support. Subject to payment of all Subscription Fees and compliance with this Agreement, We will provide technical support to you via electronic mail 24 hours a day, 7 days a week. You may initiate a help desk ticket by messaging in app, or any time by emailing support@getchamu.com.


Responsibility for Systems. Each party shall retain sole responsibility for such party’s information technology infrastructure, including computers, servers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by such party or through the use of third-party services.



Subscriptions Service



The Service does not include recurring payments for periodic charges. If you activate a Subscription Service, you authorize chamu or its third party payment processors to notify you via chamu or email, on a going-forward basis, all accrued sums on or before the payment due date. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our pricing page. The subscription will not continue unless you pay your latest bill charges. chamu or its third party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription by not paying your incoming bill.


Chamu may suspend or terminate access to the Service, for which any amount is due but unpaid.


Additional Subscriptions. The Services may be configured to allow Administrators or End Users to purchase additional subscriptions or quantities of Services or Add-ons. Customer is responsible for understanding the settings and controls of the Services for purchasing additional Services. Chamu will charge Customer the applicable pro-rated amount for additional Services or Add-Ons for the remainder of the then-current Services Term based on Customer’s then-current price unless otherwise set forth on the Order Form.



Delinquent Accounts


Chamu may suspend or terminate access to the Service, for which any amount is due but unpaid.



Registration


To use chamu services, you are required to register within the platform. When doing so, you’ll be asked to provide personal information such as name, email, username, and password, all of which are subject to our Privacy Policy. You agree that when creating an official account for chamu, you must be at least 13 years of age. You are in all responsible for every activity using your account, and understand you’ll monitor and secure every bit of your credentials. In any event of unauthorized request or activity, you’ll notify the chamu team immediately. You agree to provide us in all honesty, true and accurate information at all times when signing up with the application, and updating when necessary. Customer and its End Users may need to register for an End User Account to place orders or to access or use the Services. Account information must be accurate, current, and complete, and Customer agrees to keep this information up-to-date.



General Payment Terms


Some features of the Service may require you to pay fees. You have the opportunity to review and accept the fees before you will be charged. All fees are in the currencies provided by the chamu website and, except as expressly provided by applicable law, are non-refundable.



Price



Chamu reserves the right to determine the Service pricing. We will make reasonable efforts to keep the up to date pricing information published in the website. chamu may change the price of any feature of the Service; If this happens, chamu will provide you advance notice before they apply. Chamu, at its sole discretion, may make promotional offers with different features and different pricing to any of its customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.



Authorization


You authorize chamu and its third party payment processor to charge you for the orders that you make, including all applicable taxes to the payment method specified in your account. If you pay any fees with a credit card, chamu or its third party payment processors may seek pre-authorization of your credit card account prior to your purchase in order to verify the validity of the credit card and the availability of necessary funds or credit to cover your purchase.



Accuracy of Billing and Account Information



We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.



Third Party Links



Certain content, products and services available via our Service may include materials from third-parties.


Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.



Feedback, Comments and other Submissions



If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.



Errors, Inaccuracies and Omissions



Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.



Prohibited Uses


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.



Limitation of Liability



Unless otherwise provided in this Agreement, except in cases of death or personal injury caused by either Party's acts or negligence, either Party's liability in contract, quasi-delict, or otherwise arising or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to fees paid by the Client to Service Provider.


To the extent that it is lawful, neither Party shall be liable to the other Party in contract, quasi-delict, negligence, breach of statutory duty or otherwise for any loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including, but not limited to, economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.



Disclaimer


  • The materials and products on this Platform are provided on an 'as is' basis. Chamu does not warrant or make any representations with respect to the accuracy of the results, or reliability of the use of the materials on this website.

  • To the fullest extent permitted by law, chamu disclaims all warranties, express or implied, including but not limited to, implied warranties of title, or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.


Indemnity


Except for any payment in settlement from any applicable insurance policy or policies, and to the extent permitted by law, each Party, (which for the purposes of this clause shall be referred to as the "Indemnifying Party" as the context requires) hereby respectively indemnifies, keeps indemnified, and holds harmless the other Party, as well as any of the other Party's employees, agents, officers, representatives, affiliates, and permitted successors and assigns, against any and all demands, claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal costs, and any other costs whatsoever which may arise out of:



  • Any act or omission of the Indemnifying Party in connection with this Agreement; or

  • Any act or omission of any of the Indemnifying Party's employees, agents, officers, representatives, affiliates, or permitted successors and assigns in connection with Agreement; or

  • The Services or anything provided for under this Agreement; or

  • The relationship between Service Provider and Client.

The Indemnifying Party shall not be liable under the indemnity given under this provision where a court of competent jurisdiction, giving final judgment, holds that any loss, damage, or liability is the result of the gross negligence, willful misconduct, or bad faith of the other Party or of any of the other Party's employees, agents, officers, representatives, affiliates, or permitted successors or assigns.



Assignment


This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in party by either Party.



Severability


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.



Terminations



The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).



Entirety of Agreement


This Agreement represents the entire agreement between chamu and its clients or costumers all prior negotiations, representations, agreements, either oral or written.



Governing Law


These terms and conditions are construed in accordance with the laws of the Philippines and you irrevocably submit to the exclusive jurisdiction of the courts in that country which governs this Agreement’s interpretation.



Modifications


You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.



Contact Information


Questions about the Terms of Service should be sent to us at support@getchamu.com