Home : Help : Terms And Conditions Of Use

1.      Welcome to the web site ("Site") for M-EXPRESS.COM.PH® ("M-EXPRESS.COM.PH "). By accessing, browsing and/or using the site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use ("terms and conditions of use") including the privacy policy ("privacy policy") (collectively the "terms") and to comply with all applicable laws and regulations. In addition, you hereby represent and certify that you are at least eighteen (18) years of age. If you do not or cannot agree to the terms, you are not authorized to use the site or any of the services offered through the site.

M-EXPRESS reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these terms, and to impose new or additional terms and conditions on your use of the site from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these terms as "additional terms") shall be effective immediately and incorporated into these terms upon notice thereof, which may be given by any reasonable means including by posting to the site.

 

Your continued viewing or use of the site following such notice shall be deemed to conclusively indicate your acceptance of any and all such additional terms. 

2.      If you use this site and/or service, you are responsible for maintaining the confidentiality of your account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities and all the content you post and/or submit that is under your account and/or password.

You represent and warrant that any information and/or material you post or provide to M-EXPRESS by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights and offered in good faith.

You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Site.

3.      M-EXPRESS attempts to be as accurate as possible when posting information on the Site. However, M-EXPRESS does not warrant that product and/or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Furthermore, it is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. The information on this web site may be changed or updated without notice. M-EXPRESS may also make improvements and/or changes in the products, services and/or programs described on this web site at any time without notice.

Information provided on this web site is believed to be reliable when posted. However, M-EXPRESS cannot guarantee that information will be accurate, complete and current at all times. All information in this web site is subject to modification from time to time without notice.

M-EXPRESS has used its discretion, best judgment and all reasonable efforts in collecting and preparing the information, documents (incl. copy, graphics, pictures, etc.) or other items provided or available herein, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.

 

4.      List price is based on M-EXPRESS regular pricing. Items in your shopping bag will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing and other discounting. Therefore, prices on the product detail page and in your bag may change after such updates to reflect the current prices. Placing items in your bag does not reserve the current prices shown at that time; prices are reserved only by placing an order.

Discounts are limited-time offers and are not valid with other offers.

Despite our best efforts, a small number of the items in our catalog may be mispriced. If we advertise items at lower prices than the M-EXPRESS sale prices, please contact Customer Service at info@m-express.com.ph, and we will adjust the price for you. Price adjustments cannot be applied to orders that have already been submitted. M-EXPRESS reserves the right to adjust pricing and determine if sale pricing will apply.

We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has shipped.

 

5.        All site design, text, graphics, interfaces, and the selection and arrangements thereof are (c) 2007, M-EXPRESS ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of using the Service of M-EXPRESS or using this site as a resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of M-EXPRESS is strictly prohibited.

6.       All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to M-EXPRESS or other respective owners that have granted M-EXPRESS the right and license to use such Marks.

 

7.      The Customer agrees to protect, defend, indemnify and hold harmless M-EXPRESS, from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by M-EXPRESS, including, without limitation, any claim for personal injury or property damage, arising from: (i) this AGREEMENT; (ii) the Service provided to Customer by M-EXPRESS; (iii) the Customer’s use or possession of the Mailbox; (iv) the failure of any third party to provide delivery or courier services accurately and on time, this includes the USPS or any commercial delivery or courier service.(v) loss, damage, or destruction of the Customer’s mailbox contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to M-EXPRESS’s negligence or intentional act; and (vi) any violation by Customer of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include M-EXPRESS and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.

 

8.      CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). M-EXPRESS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF CUSTOMER’S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS PROVIDED SECURELY OR WITHOUT ERRORS SERVICE IS PROVIDED ON A “AS AVAILABLE” BASIS AND M-EXPRESS MAKES NO WARRANTIES THAT THE SERVICE WILL BE TIMELY, AVAILABLE AT ALL TIMES OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICE OR M-EXPRESS’s WEB PAGE IS AT CUSTOMER’S SOLE DISCRETION AND RISK M-EXPRESS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA FROM M-EXPRESS’S WEBSITE.

 

9.      THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF M-EXPRESS, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED P1,000.00 WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. M-EXPRESS SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT.  ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE DISCLAIMED.  ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY TEXAS LAW.  IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL M-EXPRESS BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER.

 

10.      When you visit M-EXPRESS.COM.PH and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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 with your written signature. You further agree that you shall not challenge the validity, enforceability or admissibility of the electronic communications on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print all electronic communications.

 

11.      All notices to the Customer required or permitted under this AGREEMENT shall be considered delivered twenty-four (24) hours after sending of such notice to the Customer’s e-mail address on record, within twenty-four hours (24) after transmission by fax to Customer’s fax number on record, two (2) days after sending the notice via a commercial courier service to the Customer’s address on the ordering/shipping form or at the time such notice is delivered to the Customer.

 

12.      The laws of the Philippines (excluding any principles of conflicts of laws) govern your use of the Site, the Services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in the Philippines . To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR COURTS LOCATED IN PASAY CITY, METRO MANILA, PHILIPPINES.

 

13.      If the case that any provision of this AGREEMENT shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this AGREEMENT, but all other provisions of this AGREEMENT and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.

14.      Furthermore, no delay or omission by M-EXPRESS to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by M-EXPRESS. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.