Terms and Conditions
You confirm your understanding of the Terms and Conditions by accessing this Site. You shall not use this website if you disagree with the Terms and Conditions of use. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. 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.
USE OF THE SITE
You must be at least 18 years of age or access the Site under the supervision of a parent or legal guardian.
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of procuring personal items sold on the Site. Commercial use or use on behalf of any third party is forbidden, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not 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. Furthermore, 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 promotional emails from the Site. You can subsequently opt-out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments 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.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Philippine copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Manila, Philippines. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of the Philippines and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential 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.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the 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 in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
AS A CLASSIFIED ADS WEBSITE
These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by EBENTAMO.PH (as defined below).
These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
These Terms are between you and EBENTAMO.PH or between you and any different service provider identified for a particular Service. For ease of reference, each of EBENTAMO.PH and its subsidiaries are referred to in these Terms as “EBENTAMO.PH”.
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
EBENTAMO.PH reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
USE OF THE SERVICES
Subject to your compliance with these Terms, EBENTAMO.PH grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
EBENTAMO.PH reserves the right to claw back any cashback, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account if you are subsequently found or suspected to be engaged in any activity or activity that is in breach of these Terms, our guidelines, any additional terms and conditions, and policies.
You would need to have an account with EBENTAMO.PH (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
Comply with EBENTAMO.PH’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by EBENTAMO.PH and subject to these Terms and any other additional terms as EBENTAMO.PHdetermines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user’s Account without their permission.
EBENTAMO.PH Benta Booster Subscriptions
In addition, you may also purchase EBENTAMO.PH Benta Booster Subsriptions (“EBENTAMO.PH Benta Booster Subscriptions”) for access and use of additional features and services via a subscription service on or via any of the Platforms (as defined below) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
Any such purchases shall be in accordance with EBENTAMO.PH’s prevailing subscription rules and fees, which can be found at https://www.ebentamo.ph/bentabooster and forms a part of these Terms. You can read more about EBENTAMO.PH Benta Booster Subscriptions in the same article.
You acknowledge and agree that:
Please be reminded that every licensed estate agent and registered salesperson (collectively, the “Salespersons“) must act in accordance with the provisions of the guidelines issued by the Professional Regulation Commission (PRC).
In particular, any Salesperson who advertises a property is required to comply with the Practice Guidelines on Ethical Advertising and the Code of Ethics & Professional Client Care. Please visit www.prc.gov.ph for the full text of the relevant legislation, policies, standards, and guidelines (“Applicable Laws“). It is important for all estate agencies and Salespersons to be well-versed with the Applicable Laws. It is an offense for any individual to carry out estate agency work without a valid registration.
BUMPS, HIGHLIGHTS, AND TOP SPOTLIGHT CAMPAIGNS
You may purchase bumps, urgent bumps and/or 3-day bumps (each, a “Bumps”) and/or place a listing in Top Spotlight (“Top Spotlight”) or a Top Spotlight in Priority (“Priority“) for increased visibility for your listings in accordance with EBENTAMO.PH’s prevailing listing and priority rules and charges, which can be found at Bumps and Top Spotlight and/or Priority, and forms a part of these Terms. Please also take the time to read the additional terms and conditions, as set out in Clause 11 below, that will apply when you choose to purchase tokens (“EBENTAMO.PH TOKENS”) which may be used to pay for certain services, including our Bumps, placing a listing in Top Spotlight (each, a “Top Spotlight Campaign”) and/or in Hightlight (each, a “Priority Campaign“).
You acknowledge and agree that:
FEES AND PAYMENTS
Depending on the type and/or the number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, charged for the EBENTAMO.PH Tokens you may purchase and/or fees and charges otherwise in relation to your Account or listing (collectively, the “EBENTAMO.PH Fees”).
You may pay your EBENTAMO.PH Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your EBENTAMO.PH Fees through any of the methods may be made available on the Platforms or as may be notified to you from time to time.
You acknowledge and agree that:
You may be charged a listing fee in accordance with EBENTAMO.PH’s prevailing listing fees’ rules and charges, which can be found in this article and forms a part of these Terms.
You acknowledge and agree that:
EBENTAMO.PH IS A VENUE
The Services provide a venue for users to interact with each other and to buy and sell items. EBENTAMO.PH does not pre-screen a user or the Content provided by a user, nor is EBENTAMO.PH directly involved in transactions between users. Consequently, EBENTAMO.PH has no control over, and you agree that EBENTAMO.PH is not responsible or liable for, any of the following:
You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item that a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While EBENTAMO.PH endeavors to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as a result of such Content is solely your responsibility.
You acknowledge that EBENTAMO.PH does not pre-screen Content uploaded by users. EBENTAMO.PH shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, EBENTAMO.PH shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
EBENTAMO.PH may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users or to otherwise enforce these Terms.
SELLING AND BUYING ON EBENTAMO.PH
In using the Services to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:
You acknowledge and agree that EBENTAMO.PH has no control over any website other than theEBENTAMO.PH website and shall not, in any event, be responsible or held liable for any expired job listing which appears on any website other than the EBENTAMO.PH website or any expired job listing which is retrieved by any search engine.
Without prejudice to the rest of these Terms and EBENTAMO.PH’s policies, you warrant, in respect of each job opportunity, services and/or item which you offer for sale on the Services (as the case may be), that:
All offers made and accepted through the Services are binding.
If you are a seller who has accepted a buyer’s offer for an item:
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you are cannot authenticate the seller’s identity.
In communicating with a user through the Services for the offering of or acceptance of a job listing and/or services or purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, as EBENTAMO.PH is not involved in Transactions that are considered solely between users, EBENTAMO.PH cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
If you are a user in Philippines, the following will apply to you:
Any person who operates a business for the purpose of supply of goods or services via our Platforms is required, under the Department of Trade and Industry, to disclose, to the best of their knowledge and belief, the following information:
Please kindly note that failure to provide such information or providing false or misleading information may result in the commission of an offense for which EBENTAMO.PH shall not be liable.
DISPUTES WITH USERS
If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to EBENTAMO.PHl, EBENTAMO.PH will attempt in good faith to facilitate the resolution of the dispute but is under no obligation to resolve the same. You release EBENTAMO.PH from any claims, demands, and damage arising out of your disputes with users of our Services.
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of EBENTAMO.PH. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure, and organization of the Services are the intellectual property and proprietary and confidential information of EBENTAMO.PH. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by EBENTAMO.PH.
The Services may utilize or include third party software that is subject to open source and third-party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open-source and third-party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgments, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third-party licenses, the terms of the open-source or third party licenses shall prevail with regard to your use of the relevant third-party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorized by EBENTAMO.PH to use EBENTAMO.PH’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of EBENTAMO.PH, which may be withheld for any or no reason.
REPORTING UNAUTHORISED CONTENT
EBENTAMO.PH respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorized use of your intellectual property rights by a user, please report it to us.
EBENTAMO.PH reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
SUSPENSION AND TERMINATION
You may deactivate your Account at any time through the “Settings” section of your Account.
EBENTAMO.PH reserves the right to, at its sole discretion, and without liability:
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
EBENTAMO.PHdoes not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error-free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected, or (d) the Services and EBENTAMO.PH’s servers are free of viruses or other harmful components.
All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). EBENTAMO.PH is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from EBENTAMO.PHor from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that EBENTAMO.PH has no obligation to support or maintain the Services.
EBENTAMO.PH disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. EBENTAMO.PH is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities that may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. EBENTAMO.PH does not accept any responsibility in connection with your participation in activities conducted by any other party.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL EBENTAMO.PH OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT EBENTAMO.PH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBENTAMO.PH’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY EBENTAMO.PH IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS THEN STANDING TO THE EBENTAMO.PH TOKENS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless EBENTAMO.PH, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
EBENTAMO.PH does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that EBENTAMO.PH and its subsidiaries, affiliates, partners, suppliers, and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
SUB-CONTRACTING BY EBENTAMO.PH
EBENTAMO.PH reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as EBENTAMO.PH deems appropriate.
You and EBENTAMO.PH are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by EBENTAMO.PH to exercise a right or require performance of an obligation in these Terms shall not affect EBENTAMO.PH’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and EBENTAMO.PH and supersedes all prior or contemporaneous understandings and/or agreements between you and EBENTAMO.PH.
GOVERNING LAWS AND REGULATIONS
You hereby agree that the laws of the Philippines shall govern this Terms and that the courts of the Philippines shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Last updated on 12, March, 2020