Emcor Philippines (“http://emcor.ph”) owns and operate this Website.  This document governs your relationship with http://emcor.ph (“Website”). Access to and use of this Website and the products available through this Website (collectively, the “Products”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and http://emcor.ph will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of http://emcor.ph or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by http://emcor.ph and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with http://emcor.ph you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. http://emcor.ph retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be http://emcor.ph or may in some cases be a third party. Where a contract is made with a third party http://emcor.ph is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Indemnity

You agree to indemnify, defend and hold harmless http://emcor.ph, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

These terms and conditions (“User Terms”) apply to your visit to and your use of our website at www.emcor.com.ph (the “Website”), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service, and the Application.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING EMCOR, INC.  WEBSITE, APPLICATIONS OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE EMCOR, INC. WEBSITE, APPLICATIONS, OR ANY SERVICES PROVIDED BY US.

I. The Company

We are EMCOR, INC., a corporation duly organized under the laws of the Philippines, trading as www.emcor.com.ph (the “Website”), the widest retail store network of motorcycles, appliances, computers and furniture nationwide, with over 130 stores in Mindano, Visayas and Palawan areas, with head office address at JVR Bldg., JP Laurel Avenue, Davao City, Philippines.

II. Definition of Terms

1. “Account” means the Account that you will need to register for on the Site in the event that you would place an Order on the Site.
2. “Business Day” means any day on which banks in the Philippines are open for business, which is neither (I) a Saturday or Sunday, nor (II) a public holiday anywhere in the Philippines.
3. “Clauses” refer to clauses of these Terms and Conditions.
4. “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions, which you accept in accordance with clause 6.2 below.
5. “Customer” means any individual who places an Order on the Site.
6. “Includes” or “including” or like words or expressions shall mean without limitation.
7. “Order” means the Order submitted by you to the Site to purchase a Product from us.
8. ”Order Confirmation” means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below.
9. “Products” refer to any of the goods being sold on the Site.
10. “Website” means www.emcor.com.ph.
11. “We” or “us” refers to EMCOR, Inc.
12. “You” means the Customer who places an Order.

III. Legal Requirement

To place an Order with EMCOR, Inc., you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with us only with the involvement of a parent or guardian.

IV. Prohibitions

You must not misuse this Site by committing or encouraging a criminal offense, by transmitting or distributing a virus including but not limited to Trojan horse, worm, and similar viruses or by posting any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; or by hacking into any aspect of the service; by corrupting data; by causing annoyance to other users; by infringing upon the rights of any other person’s propriety rights; by sending any unsolicited advertising or promotional material; or by attempting to affect the performance or functionality of any computer facilities of or accessed throughout the Site. In the event such breach occurs, EMCOR, Inc. will block your access to the Site and report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.

V. Entire Agreement

5.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Conditions constitute the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by an authorized signatory of EMCOR, Inc.

5.2 You acknowledge that, in entering into this Contract, you did not rely on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.

VI. Terms of the Sale

6.1 Ordering

1. In placing your Order, you must only submit to us information that is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.
2. You can also create an account in our website provided that you abide the rules on prohibitions in using the website.
3. A username and password may be selected for the privacy and security of your account. We recommend you not to share your user credentials with anyone.
4. An order can only be executed using your user credentials, after confirmation of your registration using your indicated email address.
5. As part of our functions and in order to provide you with better services, we will collect the following personal information from you specifically:
   • Name
   • Billing and Delivery Address
   • Email Address
   • Mobile Number
6. By completing and submitting your purchase order online, you are making an offer to purchase goods, which, if accepted by us, will result in a binding contract.
7. Products that you purchased through credit payment are subject for approval until we have authorization from your payment card issuer; for PayCash, until your payment are settled via bank and Bayad Centers. We will not be liable if there is a delay in order, and we will not accept your order if payment is not settled or authorized to prevent fraudulent transactions.
8. We do not have to proceed with your order, and for example, we will not proceed to your order if:

•  We do not have the products in stock.
•  Your payment card issuer does not authorize your payment.
•  You have incomplete details in submitting your order form.
•  There is an error on our website regarding the price or other details of the products and you refuse to abide and pay the current or right price.
•  Your billing address is not within the areas of Luzon.
•  You have cancelled it in accordance with the instructions and terms below.

6.2 Formation of a Contract

1. The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to make an offer. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
2. To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation through mail and text which will act as an acknowledgement of your Order.
3. An Order is only considered accepted by us upon your Order being shipped to the delivery address you provided or once payment for your Order has been confirmed by us.
4. A Contract will relate only to those Products which we have shipped or delivered to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.

6.3 Price and Payment

In placing your order, you have to choose the type of payment you are going to use:

•  Installment – our agent, through your email, will send quotation and process of installment.
•  Cash-over-the-counter – Cash payment in any K Servico Branch. We will call or text you to confirm order and will proceed to the reservation of unit ordered in the nearest branch from your location.
•  Credit Card – Pay via Visa and Mastercard. We will call you to confirm details to proceed with your order.
•  PayCash – Pay via bank and non-bank (e.g. pawnshop, Bayad Center, etc.) We will notify you of our receipt of order and you will be given only a specific period of time to pay through bank or non-bank payment center using a reference number.

Prices throughout the website are inclusive of VAT and quoted in Philippine Peso, and payment can only be accepted in Philippine Peso. Delivery costs, if any, will be added to the total price of your purchase.

The price you pay is the price of the products shown at the time you place your order, even if the price of the product has since changed, however, while we make every effort to ensure that all details, descriptions and prices, which appear on this Site, are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it and get a refund.

1. We are under no obligation to fulfil your Order if the price listed on the website is incorrect, even after you receive an Order Confirmation from us.
2. Currently, you can pay cash via payment centers (bank or non-bank) or use any Visa or Mastercard credit cards through the integrated Pesopay payment system.
3. For credit card; upon authorization of the payment, by clicking the “Order Now” button you are confirming that the Visa or Mastercard credit cards you are using belongs to you or that you are the legitimate holder of the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product and delivery.
4. For PayCash; you are confirming that you have sufficient funds to cover the cost upon getting the reference number in ordering online. You are only given at least three (3) days to pay in any payment centers (bank or non-bank), your payment for the Order. The reference number used for payment is valid only until the date set as deadline of payment, by EMCOR, Inc.
5. EMCOR, Inc. may use a third party payment processor (Pesopay) to link your payment options (limited only to Visa, Mastercard or JCB credit cards, Bank Payment Centers: BDO, BPI or RCBC and Non-Bank Payment Centers: Bayad Center, MLhuillier, ECpay) to the Application and Service. The processing of payments, as applicable, in connection with your use of the Website, Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. We will not be responsible for any errors by the Payment Processor. In connection with your use of the Services, we will obtain certain transaction details, which we will use solely in accordance with its Privacy Policy.

6.4 Product Return and Exchange Policy

Returning and exchanging of items is permissible only if the product shipped is not the product you ordered or is faulty, damaged or defective. If it occurs that the product we delivered to you is defective, please note that we will only accept your request to return product if you notify us within one week after you have received the product. In addition, we still have to investigate and verify if the product is faulty, damaged or defective out of our own negligence and if there has been a mistake in delivery. After we confirmed that the product shipped is defective out of our own negligence, we will deliver you a new item in exchange of the damaged unit within 7 days.

To Return Product, you can contact us through mail or landline or mobile number which you can find at the Contact Us Page. You will also have to give us your name, address, and order reference number to verify product order. In returning the product, we can only offer a brand new unit or to claim the right item purchased or ordered and we are under no obligation to provide or give you the option to refund.

Please note that the item must be in its original delivery condition, sent back to us with prepaid shipping charges, and insured for the full purchase price, with original copy of Sales Invoice. We may charge administrative and handling charges depending on the circumstances of the return.

6.5 Refusal of Order

We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

If we cancel your Order and you have already made payment for your Order, your payment will be fully refunded to you.

We will not be liable to you or any other third party by reason of our withdrawal of any Product from this Site, whether it has been sold or not, removal or revision of any of the materials or contents on this Site or refusal to process or accept an Order.

VII. Refund Policy

All transactions processed via K Servico online payment are only eligible for a refund if you would like to cancel a payment for a justified reason within 24 to 48 hours upon placing your order. To request for refund you must send a letter to us stating the reason for cancelling the order through our mail sales@emcor.com.ph. If it occurs that, you already paid for your order online and the stock is not or will not be available, we will give you the option to choose an alternative product equivalent/higher/lower (but subject to partial and additional payment) to the price you paid or a total refund. If you already paid for your order online and you want to cancel your order we have the sole discretion to cancel your order depending on the reason for cancellation as we strictly follow the NO CANCELLATION OF ORDER POLICY. If you cancel your order, you also agree to pay the additional charges (bank charges for the transaction made online), which will be deducted from the total refund.

A total refund will be given only to you if the sale transaction failed due to:

•  Error and failure in our system
•  Error in the description of goods and pricing
•  Unavailability of Stock

VIII. Claiming of Unit and Delivery

 8.1 As we confirm your payment details, we will refer you to the nearest branch from your location. To claim the unit, you can go to the branch to get the unit yourself or you can request for delivery.
8.2 As you choose to have your products delivered at your billing address, you confirm that you are willing to pay the additional cost added to the original price.
8.3 If the delivery address is beyond 10km it will be the discretion of the nearest store to add delivery charge depending on the cost of delivery. You will be notified through call or text on the amount of delivery charge so that you can prepare the cash upon delivery.
8.4 We aim to deliver the Product to you at the place of delivery requested by you in your Order and within the delivery period indicated by us in the Order Confirmation.
8.5 The delivery will come from the K Servico branch near your location. If it happens that the purchased product is not available in the branch, the store will acquire stock from near branches.
8.6 After you have purchased online, the store should have delivered the product to your billing address three (3) to fifteen (15) working days from verification of payment.
8.7 We will do our best to ensure we provide you all your ordered goods, within the stock inventory of our store partners. If the occasion arrives that one of your paid or ordered products is not available, we will offer an alternative product or provide you a refund, which is applicable for your next order.
8.8 Upon delivery of the Product, you may be required to sign for delivery. You may contact us in case of any faults, defects, or damage to the Product upon delivery and you shall be required to provide the documents delivered with the Product as well as other details of the Order.
8.9 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you have provided us and arrange for either the cancellation of your Order or its delivery to an alternative delivery address, which you will provide.
8.10 We shall deliver your Order in our standard packaging.
8.11 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to any breach of your obligations under Contract (see 8.13 below), risk shall pass at the date when delivery would have occurred if not for your breach. From the time the risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on the Site in the future
8.12 If you are not available to receive the delivery, we may leave a card or send you an email with instructions on the re-delivery of your Order.
8.13 If delivery is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery, we may, without having to effect any other right or remedy available to us, do either or both of the following:

• charge you for any fee and other costs reasonably incurred by us; or
• no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you your payment through store credit, as may be applicable, any money already paid to us under the Contract, less our reasonable administration charges which includes the attempt to deliver and the return of the Product, and any other fees and costs we may incur.

8.14 We shall notify you if we expect that we will be unable to meet our estimated delivery period, but, except to the extent mandated by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

You acknowledge that the Products are standard and not made to fit any particular requirements that you may have.

8.15 In case the product or service provided to you is not as per your expectations, you must bring it to the notice of our Technical Team (Contact Us Page). We, after looking through the concern, will take an appropriate action.

IX. Cancellation by the Customer Before Delivery

 If you wish to cancel your Order before we have sent you the Order Confirmation, before the Order has been dispatched, please contact us through mail or landline or mobile (Go to Contact Us Page). No cancellation fees shall be applicable (four) 4 hours before the confirmed delivery time.

However, once you paid already and the unit is ready for dispatch, you cannot cancel your order. We will have the sole discretion if we are going to allow cancellation or not depending on the reason for cancellation.

If a rescheduling is needed, you can contact us through mail or landline or mobile (go to Contact Us Page) 4 hours before the confirmed delivery time and we will assist you the best way we can. No penalties, just appreciation for giving us the heads up.

X. Personal data protection

Please see our Privacy Policy.

XI. Disclaimer of Liability

 The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, EMCOR, Inc. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

XII. Indemnity

 You agree to indemnify, defend, and hold harmless EMCOR, Inc., its directors, officers, employees, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.

XIII. Cooperation

 13.1 EMCOR, Inc. shall perform its obligations under these Terms and Conditions with reasonable skills and care.
13.2 We place great value on our customer satisfaction. You may contact us at any time through our Facebook page and website (Contact Us Page). We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such inquiries or complaints.
13.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assigned to you in the Order Confirmation. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise have not reached you. Should you not have received any response from us within five (5) business days, please make further enquiries through our landline and mobile number (Contact Us Page).

XIV. Circumstances beyond our control (force majeure)

14. 1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
14.2 Strikes, lock-outs or other industrial action;

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and,
• Impossibility of the use of public or private telecommunications networks.

14.2 In the circumstance that the Force Majeure event lasts for more than one week, you may terminate the Contract forthwith by written notice and without any Liability on our part other than a refund through store credit of the Order already paid for by you and not delivered. We also have the option of terminating the Contract, by sending a written notice to you, and by giving you a full refund through store credit of your Order which you have already paid for and which was not delivered to you.
14.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
14.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.

XV. Notices

 15.1 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
15.2 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of EMCOR, Inc. and its content suppliers and is protected by copyright laws. All such rights are reserved by us and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
15.3 Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.

1. Notices given by post shall be deemed to have been served within two Business Days from the time the notice was sent out to the recipient’s address.
2. Any notice given by email shall be deemed to have been served within two (2) Business Days from the time email has been sent.
3. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or a dispatch or a delivery report was received.

15.4 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of EMCOR, Inc. and may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our company products and services. All other trademarks not owned by us that appear on the Site are the property of their respective owners.
15.5 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
15.6 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event that EMCOR, Inc. becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
15.7 If you print, copy, or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Removing, modifying, altering or using any registered or unregistered marks, logos, or designs owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of EMCOR, Inc. or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to EMCOR, Inc.

XVI. Links to the site

You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

XVII. Waiver

 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions.

XVIII. Severability

 If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

XIX. Assignment

 You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.

XX. Relationship

Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency, or a relationship between you and us unless otherwise provided herein.

XXI. Third Party Rights

No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.

XXII. Governing Law

These Terms and Conditions (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of the Philippines. You hereby submit to the exclusive jurisdiction of the Courts of Manila for any future litigation arising from these Terms and Conditions and any non-Contractual obligations arising or connected to them. All dealings, correspondence, and contacts between us shall be made or conducted in the English language only.

XXIII. Variation

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.

XXIV. Interpretation

Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;

Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

XXV. Final Provision

The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

PRIVACY NOTICE

Your personal data and privacy are important to us, which is why we at EMCOR would like our customers/client/constituents to know through this notice how we handle and protect the personal information you provide to us.

What Personal Information We Collect and Handle

Under R.A. No. 10173, otherwise known as Data Privacy Act, “personal information” is defined as any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.

As part of our functions and in order to provide you with better services, we will collect the following personal information from you specifically:

• Name
• Delivery Address
• E-mail Address
• Contact Number
• Mobile Number
• Date of Birth
• Gender

We may also collect “sensitive personal information”, which is defined as personal information:

• About an individual’s nationality, marital status, age, and religious affiliations;
• About an individual’s education, or to any proceeding for any offense committed by such individual, the disposal of such proceedings, or the sentence of any court in such proceedings;
• Issued by the government agencies peculiar to an individual which includes but is not limited to, social security numbers, licenses or its denials, suspension or revocation, and tax returns; and

Rest assured that all your personal and sensitive personal information shall be kept safe and secure, and will be used only for the purposes outlined below.

Purpose

We shall be collecting and storing your personal information only for the following purposes:

• To facilitate your use of the Services (as defined in the Terms of Use) and/or access to the Platform;
• To process orders you submit through the Platform sold by EMCOR. Payments that you make through the Platform for products, will be processed by our agent;
• To deliver the products you have purchased through the Platform sold by EMCOR. We may pass your personal information on to a third party in order to make delivery of the product to you like our courier and forwarder, sold through the Platform by EMCOR;
• To update you on the delivery of the products, sold through the Platform by EMCOR and for customer support purposes;
• To compare information, and verify with the third parties in order to ensure that the information is accurate;
• Further, we will use the information you provide to administer your account (if any) with us; verify and carry out financial transactions in relation to payments you make online; audit the downloading of data from the Platform; improve the layout and/or content of the pages of the Platform and customize them for users; identify visitors on the Platform; carry out research on our users’ demographics and behavior; provide you with information we think you may find useful or which you have requested from us, including information about our products and services, provided you have indicated that you have not objected to being contacted for these purposes;
• When you register an account with EMCOR or otherwise provide us with your personal information through the Platform, we will also use your personal information to send you marketing and/or promotional materials about our products and services from time to time. You can unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies; and
• In exceptional circumstances EMCOR may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes, or for fulfillment of legal and regulatory requirements and requests.

DATA SHARING

There may be instances when your personal information with the following government agencies/private entities will be shared for the following purposes:

Name of Agency/Organization	Purpose of Sharing Personal Data
1. CTFSI (Commercial Trade Financial Services Inc.)	EMCOR’s financing partner and will process Installment Applications thru the website
2. GFK Market Research	Market research firm that gives online and offline behavioral patterns of EMCOR customers.
3. CIC (Credit Information Corporation)	Compliance to legal or statutory requirements issued by the Government.
4. Kservico	Sister company of EMCOR based in Luzon.
5. KS Prime	Kservico’s financing partner.
6. Wodel, Inc.	Insurance partner of both EMCOR and Kservico.
7. J-Del Investments Corp.	Mother company of EMCOR.

If you have any questions on our Data Sharing with these agencies/entities, you may approach our Data Protection Officer, Guilbert R. Olbez who can explain to you about our Data Privacy Policy.

Security of your Personal Information

We highly value the personal information collected and stored with us and make sure that it is protected from possible threats, both online and offline. Our office has put in place the necessary technical, organizational and physical measures to make sure that your data is kept safe and secure.

If you wish to know more about our agency’s/company’s security measures, you may check our Data Privacy Policy by clicking on this link https://emcor.com.ph/dataprivacypolicy .

Log Data

Whenever you visit your website, your browser may send us personal information which we collect as part of our procedure. The process of collecting this information is called “Log Data” and may include information such as your computer’s Internet Protocol (IP) address, browser type, browser version, the pages of our site that you visited, the time and date of your visit, time spent on those pages, and other statistics.

Cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you click agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our website.

A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

Control over your Personal Information

You can choose to take out your personal information from our database if you so wish and our assigned personnel will assist you to make sure your information remains secure until its removal from our system. Likewise, you can also limit as to what purposes your personal information may be used on. And if you want to opt out of any contracts or dealings involving the release of your personal information, you may also get in touch with our personnel to assist you on this matter.

Changes on our Privacy Policy

This Privacy Policy is effective as of December 11,2017 and will continue to remain in effect unless subsequent changes significantly affecting in the Policy are made by the agency/entity, but only after due notice and consultation with all affected parties.

This agency’s/entity’s Privacy Policy may be modified at any time and your continued use of our website and/or service after modifications to our Privacy Policy have been posted or published will be construed as your conformity to the modifications and consent to abide and be bound by the revised Privacy Policy.

If there are any significant changes to this Privacy Policy that will affect your personal information, we will notify you immediately either through the email address you have provided us, or through registered mail, or by posting a public notice on our website.

Withdrawal of Consent

You may communicate your objection to our continual use and/or disclosure of your personal information for any of the purposes and in the manner as stated above at any time by contacting us at our e-mail address below.

Please note that if you communicate your objection to our use and/or disclosure of your personal information for the purposes and in the manner as stated above, depending on the nature of your objection, we may not be in position to continue to provide our products or services to you or perform on any contract we have with you. Our legal rights and remedies are expressly reserved in such event.

No Spam, Spyware, or Virus

Spam, spyware or virus is not allowed on Platform. Please set and maintain your communication preferences so that we send communications to you as you prefer. You are not licensed or otherwise allowed to add other users (even a user who has purchased an item from you) to your mailing list (email or physical mail) without their express consent. You should not send any messages which contain spam, spyware or virus via the Platform. If you like to report any suspicious messages, please contact us at our email address below.

EMCOR’s Right

You acknowledge and agree that EMCOR has the right to disclose your personal information to any legal, regulatory, governmental, tax, law enforcement or other authorities or the relevant right owners, if EMCOR has reasonable grounds to believe that disclosure of your personal information is necessary for the purpose of the meeting any obligations, requirements or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, an investigation and/or a request of any nature by such parties. To the extent permissible by applicable law, you agree not to take any action and/or waive your rights to take any action against EMCOR for the disclosure of your personal information in these circumstances.

Contact Us

If you have any questions, concerns or clarifications about this Notice or our Privacy Policy, you may contact us through:

Guilbert R. Olbez

Senior Vice President

Administration

+63 82 3003161

customercare@emcor.com.ph