This website is run by POLKADOT VENTURES CORPORATION (“Polka”). By using the website and its related services, products, and software (collectively, the "Website"), you agree to be bound by these terms and conditions of use ("Terms and Conditions").
You also warrant having read, understood and assenting to the Terms and Conditions whenever you access the Website. Additional or separate terms may apply to your interactions with your use of individual services or features available on the Website, such as purchases. To the extent that the provisions of any additional or separate terms conflict with these Terms and Conditions, the provisions of the additional or separate terms will govern. Polka may make changes to the Website and the Terms and Conditions and render them effective immediately upon posting in the Website without prior notice. It is understood and agreed that it is the responsibility of you, the user, to periodically review the Terms and Conditions for updates or changes. If you do not agree with the Terms and Conditions, you should not use the Website for any purpose therefore.
1. Definitions and Interpretation
Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. Whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to any number of days mean calendar days, and the words “month” or “monthly”, or any such reference to a number of months, means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Polka and the provision which is more favorable to Polka shall prevail.
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions.
1.1 “Account” means an online account, belonging either to a company with whom Polka has a Memorandum of Agreement ("Partners"), or to the employees thereof with reference to section 1.3 of these Terms and Conditions;
1.2 "Auto-Debit Arrangement" means an agreement executed whereby one party consents and authorizes the regular debit of payments from their bank account to the other;
1.3 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Philippines;
1.4 “Customer” means an authorized user of the Online Store, who must be an employee of duly registered Partners, over the age of 18, and who have submitted sufficient documentary requirements of Polka as agreed in the Purchase Agreement.
1.5 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.6 “Listing Price” means the price of Products for sale to Customers, as stated on the Online Store.
1.7 “Online Store” refers to the website operated and/or owned by Polka of which the Customer is an authorized user, and through which he or she may place Orders. The Online Store is accessed through the following URL: https://www.polka.ph
1.8 “Order” refers the Customer’s order for Products he/she wishes to purchase through the Online Store, which has been placed in accordance with the procedures specified in these Terms and Conditions.
1.9 “Order Form” shall refer to the form which the Customer must complete in order to place an Order for Products through the Online Store.
1.10 “Payment Process” shall refer to any and all processes used by Polka to handle all automatic debit agreements, and other online payment options made available on the Online Store.
1.11 “Password” refers to the valid password that a Customer who has registered an account with Polka may use in conjunction with the Username to access the relevant Online Store and/or Services.
1.12 “Personal Data” means data, irrespective of truthfulness or accuracy, that can be used to identify, contact or locate the Customer. Personal Data includes the Customer’s name, e-mail address, billing address, shipping address, phone number and credit card information.
1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers through the Online Store.
1.14 “Polka” shall refer to POLKADOT VENTURES CORPORATION a company duly incorporated and existing according to the laws of the Philippines
1.15 “Trademarks” means the trademarks, service marks, trade names and logos belonging to Polka and used and displayed on the Online Store.
1.16 “Username” refers to the unique login identification name or code which identifies a Customer or Partner who has an account with Polka.
2. Use of the Online Store
2.1 Registration for the Online Store: Any qualified employee of Partner Companies may register an Account with the Online Store by supplying Polka with the following information:
2.1.1 [The requirements for accessing the online store], his or her name, address, postal code, email address, and such other personal information as may be required by the Online registration form. The Customer shall be responsible for the accuracy of all information which he/she provides Polka and hereby agrees to indemnify and hold Polka free and harmless against any claim or liability for the unauthorized or illegal disclosure or use of such personal information made by Customer.
2.2 Termination of Account: Polka reserves the right to terminate without notice any Accounts which have been registered with erroneous, false or non-existent e-mail addresses and other information, and to require the Customer to validate Accounts and submit documents as a required step for the registration process.
2.3 Security of personal information: The Customer is responsible for maintaining the confidentiality of his or her Account, Password, and other personal information, and Polka in no circumstances be held liable or responsible in any manner for any breach of security or unauthorized access or use of the Customer’s Account resulting from the Customer’s failure to maintain the confidentiality of such information.
2.4 Access of the Online Store: Polka is entitled to treat any use or access of the Online Store under a Customer’s Account as being made by the Customer himself and no other person, and that likewise any information, data or communications referable to the Customer’s Account shall be deemed to have been supplied by the Customer himself and no other person. Polka shall likewise be fully indemnified by the Customer against any claim, action, liability and/or for all losses attributable to any use of the Online Store referable to said Customer’s Username and Password.
2.5 Placing Orders and Making Online Payments: Customers may place Orders by clicking the “Order Now” button while viewing a Product’s web page. It is understood that the installment plan as determined by the slider constitutes the intended payment plan of the Customer.
2.6 Customers will then be directed to a web page summarizing all the Products ordered by Customers ready for checkout. In this page, the customers will be asked to provide the following information:
2.6.1 Name;
2.6.2 Employee ID numbers (where applicable);
2.6.3 Photograph of their ID'S;
2.6.4 necessary supporting documents,
2.6.5 email address; and
2.6.6 any other relevant information or documentation as deemed necessary by Polka
2.7 Upon the completion of these documents, Customers may click the "Submit" button, and will then be given the opportunity to review the details of their Order and enter any promotional codes they may have. Thereafter, Customers may click the “Place Order” button. It is understood that the act of placing the order constitutes a valid and binding offer to purchase the products as specified therein, which Polka may accept or deny at its sole discretion.
2.8 After placing their Orders and making their online payments in accordance with the procedure described above, Customers will receive order confirmation emails verifying that Polka has received their Orders for review and processing. Thereafter, Customers will likewise receive shipping confirmation emails from Polka informing them that their Orders have been shipped.
2.9 Polka may, from time to time, and without giving any reason or prior notice, modify the procedure to be used for placing Orders through the Online Store. Polka shall not be bound to accept or process any Orders placed in a manner other than that specified herein or on the Online Store. The Customer shall be responsible for ensuring the accuracy of the Order and all the information supplied therewith.
3. No cancellation of Orders: All Orders placed in accordance with the procedures specified in the immediately preceding item 2 are final and are no longer subject to cancellation by the Customer. Polka shall treat all such Orders as being irrevocable and unconditional offers to purchase, and the confirmation email shall be deemed the completion of the contract of sale.
4. Prohibited actions: The Customer shall not in any way use or submit anything through the Online Store in a manner which:
4.1 is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
4.2 is fraudulent, criminal or unlawful;
4.3 is inaccurate or out-of-date;
4.4 may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
4.5 impersonates any other person or body or misrepresents a relationship with any person or body;
4.6 may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of Polka or any third party;
4.7 is contrary to any specific rule or requirement under these Terms and Conditions or otherwise found on the Online Store; or
4.8 involves the delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5. Modification of the Online Store:
Polka may, from time to time, and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Online Store or any product or service provided through the same, without liability for doing so.
6. Rights of Polka:
Polka reserves the right, but not the obligation to:
6.1 monitor, screen or otherwise control any activity, content or material on the Online Store, and, in its sole and absolute discretion, investigate any violation of these Terms and Conditions and take any corresponding action it deems appropriate to protect its interests as well as those of its Customers and the public in general;
6.2 refuse, prevent, or restrict access of any Customer to the Online Store for any reason at its absolute discretion;
6.3 report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to cooperate with such authorities and provide relevant information as may be required therefore;
6.4 request any information and data from the Customer in connection with the use of the Online Store at any time; and
6.5 deny, restrict, suspend or revoke service to any Customer who refuses to supply the information and/or data requested under the previous item, or where Polka has reasonable ground to believe that inaccurate, misleading or fraudulent information and/or data has been provided by the Customer.
7. Purchase of Products
7.1 Compliance with rules and guidelines: The Customer agrees to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Online Store, as well as any amendments to the aforementioned, issued by Polka from time to time. Polka reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time at its sole and absolute discretion. The Customer is deemed to be aware of and bound by any changes to the foregoing upon their posting on the Online Store or upon such other method of notification as determined by Polka.
7.2 Product descriptions: Polka makes no warranty that the descriptions of the Products found on the Online Store are absolutely accurate, current, or free from error. Pictures and images on this Website are strictly for illustrative purposes only. No qualities or characteristics of the products depicted herein could be inferred from the relevant pictures. In the event that the Product received by the Customer is of a fundamentally different nature from the Product ordered as described on the Online Store, the provisions of these Terms and Conditions under clause 7 on “Returns, Repairs, and Replacements” shall apply.
7.3 Prices of Products: The prices of the Products payable by a Customer shall be the Listing Price at the time the Order was placed. All Listing Prices are subject to all applicable national and/or local governmental taxes and duties where the Orders are deemed placed and where they are delivered, as the case may be, unless otherwise stated. Polka reserves the right to amend the Listing Prices at any time without giving any reason or prior notice and such amendments to the Listing Prices shall be effective and binding on Customers immediately upon posting in this Website.
7.4 No representations or warranties: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Online Store shall be borne by the Customer, and Polka shall not be liable therefor. All data and/or information contained in the Online Store are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory are given in connection with the Online Store. To the extent allowed under Philippine law, no condition is made or to be implied nor is it warranted, expressly or impliedly, that:
7.4.1 the life or wear of the Products or that they will be suitable for any particular purpose or use under any specific conditions;
7.4.2 the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained on the Online Store;
7.4.3 the Online Store or the Products will be available and provided in an uninterrupted manner, secure or free from errors or omissions, or that any identified defect will be corrected;
7.4.4 the Online Store is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros;
7.4.5 that any transmission of information by or to the Customer through the Online Store will not be accessed by unauthorized third parties, nor be free from interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
8 Exclusion of liability:
8.1 Polka shall not be liable for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
8.1.1 any access, use and/or inability to use the Online Store;
8.1.2 reliance on any data or information supplied by the Customer through the Online Store;
8.1.3 any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
8.1.4 any use of or access to any other website or webpage linked from the Online Store.
8.2 Extinguishment of actions: Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Polka within two (2) years from the date of actual delivery, or from the scheduled delivery of the Product, whichever comes earlier.
8.3 Limitations On Quantity: Products available for purchase from Polka are intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. Polka reserves the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. Polka will notify Customer if such limits are applied. Polka reserves the right to prohibit purchases of any merchandise at its sole discretion.
8.4 Rules For Promotions: Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from these Terms & Conditions. If Customer participates in any Promotions, the applicable rules as well as Polka Privacy Policy shall govern. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
9 Delivery of Products
9.1 Delivery Address: Delivery of the Products ordered shall be made to the address supplied by the Customer in the Order Form. Polka will not be held responsible for Orders lost or delayed due to inaccurate and/or incomplete delivery details provided by the Customer. Polka may charge Customer for the additional delivery charges it may incur for re-delivery of the Products due to such inaccurate and/or incomplete delivery details.
9.2 Delivery and packing charges: Delivery and packing charges by Polka and/or its service provider shall be those specified on the Online Store and set out in the Order at the time such Order was placed.
9.3 Projected delivery dates: The Customer acknowledges that delivery of the Products is subject to their availability. Polka will make every reasonable effort to deliver the Product to the Customer within the projected delivery date stated on the relevant page on the Online Store. However, the Customer acknowledges that all delivery timeframes given are strictly estimates only and acknowledges the possibility that delays may occur in the regular course of business. Polka shall not be responsible for unreasonable delays or failure to deliver the Products due to causes beyond its control.
9.4 Deemed receipt: In the event the Customer does not receive the Product by the projected delivery date, and provided that said Customer gives notice to Polka through email at [●], or through other means provided in the Online Store, within three (3) days immediately from such projected delivery date, Polka shall endeavor to locate and deliver the Product. The failure to give due notice within the aforementioned three-day period shall result in the Customer being deemed to have received the Product subject to his or her rights under Philippine law.
10 Payment
The Customer may pay for the Product, together with all taxes, duties, packing and delivery charges using any of the payment methods prescribed by Polka and indicated on the appropriate pages of the Online Store from time to time. Polka reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice or giving any reason.
11 Replacement or Refund of Products
11.1 Replacement and Refund Policy:
The process for requesting for a replacement or refund is as follows:
11.2 Products purchased in conjunction with a promo cannot be replaced.
12 Risk and property of the Goods
12.1 Risk of damage or loss: The risk of damage to, loss, or deterioration of the Products shall pass to the Customer at the time of delivery, or at the time Polka or its agents has tendered delivery of the Products if the Customer wrongfully fails or refuses to accept delivery of the said Products.
12.2 Ownership of the Products: Notwithstanding delivery and the passing of risk in the Products, ownership of the ordered Products shall not pass to the Customer until Polka has received in the manner prescribed by it under clause 5, in cleared funds, full payment of the price of the Products including all taxes and delivery and packing charges due thereon. Until such time as the ownership of the ordered Products passes to the Customer, the Customer shall hold said Products as Polka fiduciary agent and bailee and shall keep them separate from his or her own property. Likewise, until such time as the ownership in the ordered Products passes to the Customer, Polka shall be entitled at any time to demand the Customer to deliver the Products to Polka. In the event of the Customer’s non-compliance, Polka reserves the right to take legal action against the Customer for the delivery of the Products and to seek damages and all other costs including but not limited to legal fees against the Customer.
12.3 Indemnification: The Customer shall indemnify Polka and all of its respective officers, employees, directors, agents and contractors against all loss, damages, costs, expenses and legal fees incurred by Polka in connection with the assertion and enforcement of Polka;s rights under this condition.
13 Limitation of Liability
13.1 Sole Remedies of the Customer: The remedies set out under item 11 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the Products.
13.2 Maximum Liability: Notwithstanding any other provision of these Terms and Conditions, Polka's maximum cumulative liability to the Customer or to any other party arising out of or relating to the sale of Products through the Online Store, shall not exceed the sums actually paid by the Customer for the Products purchased thereby.
14 Intellectual Property
The Intellectual Property in and to the Online Store and the materials found thereon are owned, licensed to or controlled by Polka and its licensors or service providers. Unless the prior written authorization of Polka or the appropriate copyright or trademark owners has been obtained, no part or parts of the Online Store, the Website or the materials found thereon may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment.
15 Force Majeure
Polka shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions or any part thereof, or for any inaccuracy, unreliability or unsuitability of the Online Store's or Website’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Polka's reasonable control.
16 Waivers
No failure to enforce any items in these Terms and Conditions by Polka shall constitute a waiver of these terms or of any continuing or succeeding breach of such provision, or a waiver of such provision, or a waiver of any right under these Terms and Conditions, and such failure shall not affect the right of Polka to later on enforce the same.