Terms and Conditions
These Terms and Conditions (the "Terms and Conditions") apply to the Site, and all of its divisions, and affiliate operated Internet sites which reference these Terms and Conditions. This website is owned and operated by Guevent Insurance Brokers Corporation (GIBCO).
iMarket.ph is a financial marketplace that bridges insurance principals and consumers directly in a fast, cheap and efficient way through technology. Insurance principals are open to sell their products on our Site. None of the products listed on the Site are owned or sold by IMarket.ph. This document is a legally binding agreement between you as the user(s) of the Site (referred to you as "you", "your", and "User" hereinafter) and IMarket.ph (referred to as "we", "us" and "our" hereinafter).
By accessing the Site, you confirm your understanding of the Terms and Conditions and agree to comply with these Terms and Conditions. If you do not agree to these Terms and Conditions of use, please do not access, register with or use this Site. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
IMarket.ph wishes to ensure that its users are able to form legally binding contracts and further that minors do not purchase unsuitable products. Therefore, you confirm that you are at least 18 years of age, or an emancipated minor, or are accessing the Site under the supervision of a parent or legal guardian. Without prejudice to any other rights and remedies of IMarket.ph under these Terms and Conditions or at law, IMarket.ph reserves the right to limit or withdraw access to the Site or the registration of any person if IMarket.ph believes that person is under the age of 18 years or is of unsound mind.
We grant you a non-transferable, revocable and nonexclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purpose of shopping for insurance items sold on the Site. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
The Site is not available to persons whose registration has been suspended or withdrawn by IMarket.ph. Further, if you are registering as a business entity, you agree that you have the authority to bind that entity to these Terms and Conditions and that you and the business entity will comply with all applicable laws relating to the scope of activity undertaken. No person or business entity may register as a User of the Site more than once, liability under these Terms and Conditions is to the specific individual, directly or indirectly related to the email address given by the users.
Product representations expressed on this Site are those of the sellers. Submissions or opinions expressed on this Site are those of the individual posting such content and do not necessarily reflect our opinions. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account.
You must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive direct and promotional emails, SMS, and push notifications from the Site, and all of its divisions, subsidiaries, and affiliate operated Internet. You can subsequently opt out of receiving such direct and promotional communications by clicking on the link at the bottom of any promotional email but please note that some communication is necessary to complete a purchase/sell of an order and that this communication cannot be opt out if you are purchasing or selling.
Your Account and Registration Obligations
When you register on the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a User of the Site:
- You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password.
- You agree to immediately notify IMarket.ph of any unauthorized use of your password or account or any other breach of security. In no event will IMarket.ph be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.
- You may not use another person's account at any time, without the expressed written permission of the account holder. In case any such written permission is sought, you are obligated to inform IMarket.ph about the same before using another person's account.
- You agree to reimburse IMarket.ph for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
- You will provide true, accurate, current and complete information about yourself as prompted by IMarket.ph 's registration form (the "Registration Data").
- In your registration user ID, you will not include: (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "iMarket”.
- You will treat any other user(s) information provided to you (in accordance with these Terms and Conditions and the information on the Site) by IMarket.ph or any other user as confidential.
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if IMarket.ph has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions, without prejudice to any other rights and remedies of IMarket.ph under these Terms and Conditions or at law, IMarket.ph has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your registration of the Site without providing any written or verbal justification(s).
IMarket.ph may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, Charter Document, Articles of Association, Memorandum of Association, and any other incorporation documents, prove of your authority, to include any Authority Letter, Power of Attorney, Board Resolution, or/and documentation showing any person's authority to act on your behalf. You agree to immediately provide any information and/or documentation to IMarket.ph upon such requests. You acknowledge and agree that if you do not provide the information requested, IMarket.ph without liability may limit, suspend or withdraw your access to the Site and/or your registration of the Site instanteously.
We reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
Our aim is to ensure accessibility to the website at all times, however, we reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or due to outside factors beyond our control.
In order to post a comment, question, review, suggestion or submit any content to IMarket.ph you accept these Terms and Conditions. IMarket.ph does not guarantee any confidentiality with respect to any User Submission, including your identity, regardless of whether a User Submission is posted or not, and you agree to allow (but not require) the use of your name or the name you submit to IMarket.ph in connection with your User Submissions.
In addition to the rights applicable to any Submission, when you post comments, questions, suggestions, or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall 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 Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Further, you expressly certify and affirm that all the contents of your Submission, including but not limited to your personal information, related specifications, supporting images, and all documents that may be required from you to fully assess its validity and any related risk on your purchase are truthful and accurate. Otherwise, you hereby acknowledge that iMarket.ph and its principal partner may, at its discretion, revoke and cancel your purchase and the policy issued to you. You further acknowledge that such non-disclosure shall disentitle you to claim any refund or damage from both iMarket.ph and its principal partner.
Ownership and Grant of Rights
IMarket.ph is not required to designate you as the author or creator of your User Submission and you expressly waive any "artist's rights" or "moral rights" you may have in your User Submission. By virtue of your User Submissions to IMarket.ph, you inevitably render a non-exclusive right to access your User Submissions through IMarket.ph and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of IMarket.ph now and in the future, and under these Terms and Conditions. Such grant of right(s) for any User Submission is perpetual and irrevocable.
IMarket.ph grants you permission to access and use IMarket.ph and User Submissions for your personal use solely as intended through the provided functionality of IMarket.ph , and only in accordance with these Terms and Conditions. IMarket.ph retains all ownership rights in the IMarket.ph name, trademarks, and logos and all related intellectual property rights. IMarket.ph reserves all rights not expressly granted to you herein.
IMarket.ph and the community work together to keep our sites and services working properly and the community safe. Please report items, problems, offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.
You agree that we may communicate with you by promotional and direct email, SMS, push notifications or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You will abide by any instructions you may receive by iMarket.ph? concerning electronic communications; in the absence of such instructions, no acknowledgment would be required for its receipt or for it to be binding.IMarket.ph requires your agreement during the registration process to send you, IMarket.ph and all of its divisions, subsidiaries, and affiliate operated Internet sites, promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link in the email, but please note that some communication is necessary to complete a purchase/sell of an order and that this communication cannot be opt out if you are purchasing or selling.
Amendments to these Terms and Conditions
You acknowledge and agree that IMarket.ph shall endeavor to give you notice for any amendment to these Terms and Conditions that materially increases your obligations or decreases your rights under these Terms and Conditions ("Substantial Amendment") in accordance with the terms of these Terms and Conditions. You acknowledge and agree that IMarket.ph at its sole discretion and without liability may make amendments that are not Substantial Amendments without your any specific agreement at any time with immediate effect by posting a notice of the amendment on the Site or an area of the Site that is publicly accessible without charge.
Fees, Payments, and Services
The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Registration on the Site is free. However, you must pay any applicable taxes, and any applicable third-party fee including, but not limited to, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, whenever applicable. We are not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
On your credit card information, if you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
In case of non-payment of fees and/or any applicable taxes and charges by you to IMarket.ph , without prejudice to any other rights and remedies of IMarket.ph under these Terms and Conditions or at law, IMarket.ph without liability reserves the right to:
- issue you with a warning regarding the non-payment in question;
- temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your registration;
- IMarket.ph also reserves the right to take any necessary steps including appropriate legal action in case of non-payment of fees by you to IMarket.ph;
- for accounts over 30 days past due, deduct the amount owed from your account balance (and you acknowledge and agree to IMarket.ph doing so in these circumstances) and confirm the same to you by email;
- deduct from your account;
- take any steps IMarket.ph considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.
- Impose restrictions on the number of product listings that the User may post.
Cancellation and/or Refund
You are primarily bound by the policy provisions of your chosen insurance provider. Policies with processed claims are not entitled to any cancellation and refund.
Under pertinent regulations of the Bureau of Internal Revenue, liability for Documentary Stamp Tax (DST) accrues upon issuance of the Insurance Policy. Hence the event of cancellation of this Policy under Section 64 of the Insurance Code, you will be held liable for DST subsists and the same.
Furthermore, you will also be held liable to fees incurred due to completion of the transaction, (the “Admin charges”) including but not limited to credit card charges, vault activation charges, fraud tool payment charges, whenever applicable.
Should you resolve to cancel your policy, earned premiums shall be computed in accordance to short-rate calculation, after deduction of applicable taxes and admin charges.
All cancellations and/or refunds placed via iMarket.ph shall be submitted with a formal written notice from you, which are subject for approval. GIBCO as its operator reserves the right to require additional documents and information as, in its discretion, is reasonably necessary to effectively process the your cancellation and/or refund application.
In case of approval, you will be duly notified by iMarket’s representative as to the mode and manner of its return together with the written notification of approval of your application.
The IMarket.ph SafePay system means that payment for items on the Site may be made online or other payment methods which IMarket.ph may make available on the Site from time to time.
By providing the SafePay, IMarket.ph is merely facilitating the making of online payments by buyers possible but IMarket.ph is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and IMarket.ph is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does IMarket.ph have any fiduciary duty to any user. You acknowledge and agree that IMarket.ph will hold your funds at your own risk.
Use of the Site
While using the Site, you will not:
- post Information or content or list items in an inappropriate category or areas on our Site;
- post items you do not have a right to link to or include;
- post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
- post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
- post counterfeit or stolen items;
- post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
- post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
- post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
- post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
- post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general law, rules, morals, values, ethics and traditions;
- post Information or content or list items which may (in our sole discretion) threaten national security or is against the national ideology;
- post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
- use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting Users to a listing);
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you purchased it, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- attempt to conclude transactions relating to an offer for sale on the Site (including by cancelling an offer of sale) outside of the Site;
- use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
- claim an item was not sold when in IMarket.ph 's sole discretion the item was sold in accordance with these Terms and Conditions and the Site's policies;
- in case of purchase of/placing a successful offer for an artwork which is marked as "non-exportable" on the Site or is declared by the government or non-government institution as a protected and/or non-exportable artifact, you agree that the artwork shall not be exported out of (countries restrictions) or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
- manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
- circumvent or manipulate our fee structure, or fees owed to IMarket.ph;
- take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to IMarket.ph );
- transfer your Site account (including feedback) and username to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Site;
- attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
- export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
- violate any laws, rules, regulations, guidelines, third party rights or our policies;
- abuse IMarket.ph 's Shipping Policy, Listing Policy , or any of IMarket.ph 's other policies or Terms and Conditions posted on the Site from time to time.
You undertake, represent and warrant that:
- you are 18 years of age or are accessing the Site under the supervision of a parent or legal guardian;
- As a condition of your access to and use of the Site, you agree that you will comply with all applicable laws and regulations of the Philippines if you are a corporate representative, you have authority to bind the corporate entity;
- you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
- you will informIMarket.ph of any postings, items or transactions which appear to be in violation of these Terms and Conditions;
- you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
- information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
- you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of IMarket.ph;
- you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
- you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and
- you will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either iMarket.ph, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of IMarket.ph, is protected by copyright, trademarks, patents or other intellectual property rights and laws and may not be used downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited.
IMarket.ph is not responsible for copyright infringement.
"IMarket.ph " and related logos, and other words and logos are either unregistered trademarks or registered trademarks of IMarket.ph and are protected by international trademark and other intellectual property rights and laws. IMarket.ph 's trademarks may not be used in connection with any product or service that is not IMarket.ph 's nor in any manner that disparages or discredits IMarket.ph . All other trademarks not owned by IMarket.ph that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IMarket.ph .
IMarket.ph is not responsible for any intellectual property infringement.
Platform for Communication
The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. IMarket.ph does not buy or sell items. IMarket.ph is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same.
IMarket.ph might access and use the communications between buyers and sellers.
IMarket.ph might use browsing, transaction history data to customize offers and communications.
You will not hold IMarket.ph responsible for other users' content, actions, or inactions, or items or Information they list or post.
- IMarket.ph is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with IMarket.ph nor shall IMarket.ph have any obligations or liabilities in respect of such item or the contract between the buyer and seller;
- IMarket.ph is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable;
- IMarket.ph has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items;
- IMarket.ph does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, IMarket.ph does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is IMarket.ph a supplier or manufacturer of any items sold by users or purchased by users;
- IMarket.ph does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
The Site may include links to third party websites that are controlled by and maintained by others. IMarket.ph cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that IMarket.ph is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
Users shall independently agree upon the manner and Terms and Conditions of delivery, payment, and insurance as between each other and IMarket.ph holds no responsibility in respect of such arrangements.
IMarket.ph accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
IMarket.ph excludes all implied warranties, Terms and Conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site. You release and indemnify IMarket.ph and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
IMarket.ph do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. IMarket.ph use your information only as described in the 'IMARKET' Privacy and Confidentiality Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. For a complete description of how we use and protect your personal information, see the 'IMARKET' Privacy and Confidentiality Policy. If you object to your information being transferred or used in this way please do not use our services.
Breach of Terms and Conditions
Without prejudice to any other rights and remedies of IMarket.ph under these Terms and Conditions or at law or otherwise, IMarket.ph may immediately and without liability: limit your activity, remove your offer, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your registration, revoke any or all of your rights granted under these Terms and Conditions, and/or limit or withdraw your access to the Site:
- If you breach these Terms and Conditions;
- If IMarket.ph believes that you have breached Terms and Conditions in the past and have registered with a new User name;
- If IMarket.ph is unable to verify or authenticate any information you provide; or
- If IMarket.ph believes (in its sole discretion) that your actions may cause legal liability for you, other users or IMarket.ph .
IMarket.ph may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their registration withdrawn may not register or attempt to register with IMarket.ph or use the Site in any manner whatsoever until such time that such user is reinstated by IMarket.ph . Notwithstanding the foregoing, if you breach these Terms and Conditions IMarket.ph reserves the right to recover any amounts due and owing by you toIMarket.ph or any losses and damages caused by you to IMarket.ph and to take such steps including legal action and/or the initiation of criminal proceedings against you as IMarket.ph in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of IMarket.ph 's right to take any actions with respect to that, or subsequent or similar breaches. IMarket.ph does not guarantee that it will take action against all breaches that there may be of these Terms and Conditions.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of IMarket.ph, your sole and exclusive remedy is to discontinue using the Site.
All purchases on the Site are a commitment by you to complete the purchase of the item on which you have purchased. If you are the buyer for any item and your purchase is accepted by the seller, you are obligated to complete the transaction with the seller.
By purchasing an item, you agree to be bound by the conditions of sale included by the seller in the item's description on the Site (so long as those conditions of sale are not in violation of these Terms and Conditions or are not in compliance with applicable laws). In case of consumer goods generally available in retail stores, sellers on the Site may or may not specify the normal retail prices of items being sold. You are advised to independently verify the retail prices of such items if you so desire.
You agree not to test the Site with false purchases, nor to use a false name, other false personal information or use an unauthorized or known invalid credit card to purchase. Without prejudice to the rights and remedies available to IMarket.ph under these Terms and Conditions or at law, IMarket.ph may take such steps as it deems appropriate or necessary including taking legal action against users who intentionally enter erroneous, fictitious or fraudulent purchases. Please be aware that even if you do not give IMarket.ph your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
Withdrawal of Access and/or Registration
Without prejudice to any other rights and remedies of IMarket.ph under these Terms and Conditions or at law or otherwise, IMarket.ph may limit, suspend or withdraw your registration and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions.
IMarket.ph provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. IMarket.ph makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. IMarket.ph makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work, or definitely closed. You agree that IMarket.ph has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
Limitation of Liabilities
To the extent permitted by law, IMarket.ph , its officers, employees, agents, affiliates, subordinates, representatives and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or these Terms and Conditions (however arising, whether or notIMarket.ph has been advised of the possibility of such losses or damages).
You agree to indemnify and hold IMarket.ph and its affiliates, officers, employees, agents, subordinates, representatives and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of these Terms and Conditions, improper use of IMarket's website or your violation of any law or the rights of any third party, including without limitation any copyright, property, or privacy right. Your indemnity obligation survives these Terms and Conditions, your use of IMarket.ph , or any termination of your IMarket.ph user account.
Relationship and Notice
None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between you and IMarket.ph and you shall have no authority to bind IMarket.ph in any manner whatsoever.
Except as explicitly stated otherwise, any notices to IMarket.ph from you shall be given by you by email to iMarket.ph at contact@iMarket.ph along with a physical copy sent to us by mail or courier to the following address: Guevent Insurance Broker Corp. DMG Center , 52 D.M. Guevara Street, Brgy. Mauway, Mandaluyong City, Philippines. The notices shall be effective when they are received by IMarket.ph in the aforesaid procedure/order. If the prescribed procedure is not complied with, IMarket.ph will not be obliged to cater, respond, reply, revert or address such notices; and the same will be considered ineffective, invalid and of no legal consequence.
Any notices to you from IMarket.ph shall be given by notices posted on the Site or by email on the email address you provide to us during the registration process and shall be deemed to be received by you immediately after any such email is sent.
Any notices sent to you from IMarket.ph as a response to your notice(s) to iMarket.ph shall be sent either through email, mail, or courier. However, whilst IMarket.ph respects the rights of its Users on its Site, IMarket.ph shall exercise reasonable care and resources in order to determine the genuineness of such notice(s), so that frivolous, fictitious and vicious claims, assertions, demands, rights and any related false averments being alleged, are responded accordingly if need be.
- Each of the Parties unconditionally and irrevocably agrees in respect of a Dispute to submit themselves for Arbitration.
- Any dispute that you have or claim that you intend to initiate against the Company shall be subject to the provisions of the Republic Act No. 876, commonly known as “The Arbitration Law”, (the "Act"). In the event that you intend to initiate arbitration proceedings, you shall be under an obligation to first lodge a written request, along with the details of your claim with our legal counsel (the "Arbitration Request"). In this regard, the contact information of our legal counsel will be provided on 'as and when' basis and upon request. Thereafter, if on the basis of the material provided in your Arbitration Request, it is concluded that sufficient grounds exist for initiation of arbitration proceedings, you will be notified accordingly, along with the details of the arbitrator (to be appointed by us), date and venue of the proceedings. Any award passed by the arbitrator shall be binding on the parties. The parties reserve the right to appeal against an arbitral award and/or apply to court for its execution.
- Any disputes between the seller and third parties including buyers shall not extend to or incur liability of the Company. We shall not act as the agent, negotiator, umpire, arbitrator or judge in connection with resolving any disputes between participants related to or arising out of any transaction from the Services.
- Any disputes between the buyer and third parties including sellers shall not extend to or incur liability of the Company. We shall not act as the agent, negotiator, umpire, arbitrator or judge in connection with resolving any disputes between participants related to or arising out of any transaction from the Services.
Transfer of Rights and Obligations
You hereby grant iMarket.ph the right to, and irrevocably acknowledge and agree that IMarket.ph may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under these Terms and Conditions to any of its affiliates without requiring your further specific agreement. IMarket.ph agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of IMarket.ph , transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under these Terms and Conditions without the prior written consent of iMarket.ph .
If any clause of these Terms and Conditions is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transaction contemplated hereby is not affected by any manner materially adverse to either party. These Terms and Conditions sets forth the entire understanding and agreement between you and IMarket.ph with respect to the subject matter hereof.
No person who is not a party to these Terms and Conditions shall have any right to enforce any term of these Terms and Conditions. If these Terms and Conditions is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
These Terms and Conditions is governed by, and construed in accordance with the laws of Philippines.
Under no circumstances IMarket.ph or GIBCO be held liable for any delay, disruption or failure of the content or services delivered through the Site resulting directly or indirectly as an event not reasonably foreseeable or otherwise cause by or under the control of the IMarket.ph, including but not limited to acts of Gods, fires, floods, explosion, riots, wars, vandalism, government acts, injunctions, labour strikes and other like events that are beyond the reasonable anticipation and control.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.
Terms and Conditions to override all other Terms and Conditions
The provisions of these Terms and Conditions set out hereinabove shall override all other previous "Terms and Conditions" of IMarket.ph for the time being in force excluding but not limited any other existing Policies, Rules, Regulations, Procedures, Adverts, Buyer Protection, Notifications, and supplementary information provided along with any previous "Terms & Conditions".