TERMS AND CONDITION OF SALE
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Hideo Wakamatsu Philippines's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Hideo Wakamatsu Philippines (References to "you" or "your" shall relate to a customer of Hideo Wakamatsu Philippines or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Hideo Wakamatsu Philippines" shall relate to Hideo Wakamatsu Philippines and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable Philippine laws and regulations., including Philippine export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Hideo Wakamatsu Philippines from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Philippine copyright law and international treaties. This Site is controlled and operated by Hideo Wakamatsu Philippines from its offices within the Philippines. Hideo Wakamatsu Philippines makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by Philippine laws without regard to conflict of law rules. You consent to jurisdiction of Philippines located in Mandaluyong City, Metro Manila to hear any such claims.
Access, Interference and Linking
Hideo Wakamatsu Philippines grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Hideo Wakamatsu Philippines.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Hideo Wakamatsu Philippines; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Hideo Wakamatsu Philippines.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Hideo Wakamatsu Philippines, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Hideo Wakamatsu Philippines logo or other proprietary graphic or trademark as part of the link without express written permission. Hideo Wakamatsu Philippines does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
The copyright in all material provided on this Site is held by Hideo Wakamatsu Philippines and/or under license by Hideo Wakamatsu Philippines from the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Hideo Wakamatsu Philippines and/or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Hideo Wakamatsu Philippines 's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Specifically, the brand names used on this Site, including %uFFFDHideo Wakamatsu%uFFFD, %uFFFDHideo Wakamatsu Tokyo%uFFFD, %uFFFDhideo design by Hideo Wakamatsu%uFFFD and logos, whether used individually or separately with these brand names (collectively referred to as Hideo Brand), are the sole property of Kyowa Company Limited (Kyowa), with address in Tokyo, Japan. The Hideo Wakamatsu Philippines currently holds the sole and exclusive rights to use the Hideo Brand for the sole purpose of promoting Kyowa%uFFFDs products within the Philippines territory. Photographs courtesy of respective manufacturers. Hideo Wakamatsu Philippines and the Circle of Service logo are trademarks of Hideo Wakamatsu Philippines Copyright © 2002 Hideo Wakamatsu Philippines.
Microsoft and the Passport Logo are either registered trademarks or trademarks of Microsoft Corporation in the Philippines and/or other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Hideo Wakamatsu Philippines BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Hideo Wakamatsu Philippines OR A Hideo Wakamatsu Philippines AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Hideo Wakamatsu Philippines, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CONTROVERSY, CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION before a single arbitrator held in Manila, Philippines. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the Philippines and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Please review our Privacy Notice, which also governs your visit to this Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Hideo Wakamatsu Philippines reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to Hideo Wakamatsu Philippines
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Hideo Wakamatsu Philippines for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Hideo Wakamatsu Philippines is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Hideo Wakamatsu Philippines or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
Hideo Wakamatsu Philippines
Level B FMF Business Center, 126 Pioneer St.
Bgy Hillside, Mandaluyong City
Disagreement with these Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
Hideo Wakamatsu Philippines Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Hideo Wakamatsu Philippines. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Hideo Wakamatsu Philippines. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Hideo Wakamatsu Philippines" shall relate to Hideo Wakamatsu Philippines and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Hideo Wakamatsu Philippines relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Hideo Wakamatsu Philippines. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Hideo Wakamatsu Philippines at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS IN FORCE IN THE PHILIPPINES. SUBJECT TO THE ARBITRATION SECTION BELOW, EACH PARTY HEREBY AGREES TO SUBMIT TO THE JURISDICTION OF PHILIPPINE COURTS, AND WAIVE ANY OBJECTIONS BASED UPON VENUE, FOR PURPOSES OF ANY SUIT, ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title: Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Hideo Wakamatsu Philippines is Hideo Wakamatsu Philippines's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the national government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the Philippines. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
Hideo Wakamatsu Philippines HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Hideo Wakamatsu Philippines IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by Hideo Wakamatsu Philippines are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, Hideo Wakamatsu Philippines makes no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Hideo Wakamatsu Philippines reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
While Hideo Wakamatsu Philippines uses reasonable efforts to include accurate and up-to-date information on the Site, Hideo Wakamatsu Philippines makes no warranties or representations as to the Site's accuracy. Hideo Wakamatsu Philippines assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
Hideo Wakamatsu Philippines WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Hideo Wakamatsu Philippines WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Hideo Wakamatsu Philippines IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), Hideo Wakamatsu Philippines's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY SINGLE ARBITRATOR, WHO SHALL BE A PERSON LEGALLY TRAINED AND HAS EXPERIENCE IN THE INFORMATION TECHNOLOGY FIELD IN THE PHILIPPINES AND IS INDEPENDENT OF EITHER PARTY, AND SHALL BE HELD IN MANILA, PHILIPPINES. Judgment on the award rendered by the arbitrator(s) may be entered by any court in Manila, Philippines having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Hideo Wakamatsu Philippines until accepted by Hideo Wakamatsu Philippines. Terms of payment are within Hideo Wakamatsu Philippines's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Hideo Wakamatsu Philippines may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Except for the legally required Philippine Value Added Tax (VAT) that must be included in each product's and services' unit price and the order invoice, and unless otherwise indcated, the Customer is responsible for sales and all other taxes associated with the order.
Shipping and handling charges on all orders vary; contact your Hideo Wakamatsu Philippines account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. We also ship only to addresses located in the Philippines. In instances where international shipping is requested contact us for discussion before proceeding with any orders.
The following refund policy applies to all products except those stating their own refund policy with the product description:
Hideo Wakamatsu Philippines reserves the right to authorize product returns beyond 10 days from the invoice date. IF the product is accepted after 0 days and before 30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are refunded on returned items. Customers are responsible for all shipping charges back to Hideo Wakamatsu Philippines on returned items, and Hideo Wakamatsu Philippines will pay the shipping charges on the replacement or exchange item(s) going back.
Credit card charges are processed online after ordering the products and/or services.