Terms and Conditions

Welcome, and thank you for your interest in The Collective (“Thecollective.ph, “we” or “our”) and our website at www.thecollective.ph, along with any related websites (“Site”). These Terms & Conditions are a legally binding contract between you and The Collective regarding your use of the Site, including any products that you purchase through the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

By accessing or using the site, or purchasing any products through the site, you agree that you have read and understood, and, as a condition to your use of the site, you agree to be bound by, the following terms and conditions, including the collective ecommerce website privacy policy (https://www.thecollective.ph/privacy-policy.html) (Together, these “Terms”).
The Collective reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time. It is your responsibility to check these Terms & Conditions periodically for changes. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of the Site after the date such revised Terms & Conditions are posted.

Accounts and Registration 

When you purchase any products through the Site, we may provide you with the option of registering an account. If you register for an account, you may be required to provide us with some information about yourself, such as your name, address, telephone number, email address, credit or debit card number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

User Representations 

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Terms & Conditions;
  4. You are not under the age of 16;
  5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
  6. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  7. You will not use the Site for any illegal or unauthorized purpose;
  8. Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Products 

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Return/Refunds Policy

Please review our Return/Refunds Policy posted on the Site prior to making any purchases.

Ownership; Proprietary Rights 

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by The Collective are protected by intellectual property and other laws. All Materials included in the Site are the property of The Collective and its third-party licensors. Except as expressly authorized by The Collective, you may not make use of the Materials. The Collective reserves all rights to the Materials not granted expressly in these Terms.

Third-Party Terms

  • Linked Websites. The Site may contain links to third-party websites. Linked websites are not under The Collective’s control, and, to the extent permitted by law, The Collective is not responsible for their content.
  • Third Party Links to the Site. If The Collective authorizes you to deep-link your website or a service offered by your website to the Site, you agree that (a) The Collective has no obligation to continue to provide or make the service available; (b) all conditions, disclaimers and limitations on use set forth in these Terms remain in effect; (c) all intellectual property rights relating to The Collective and its technology, including all ownership rights, remain the sole and exclusive property of The Collective; (d) you will be solely responsible for the data and content that you publish on your website or service; and (e) The Collective may, at any time (in its sole discretion), remove any linked source or terminate your access to the Site and any Materials on the Site.
     

Prohibited Conduct

By using the site you agree not to:

  1. Use the Site for any illegal purpose or in violation of any local, state, national, or international law;
  2. Violate, or encourage others to violate, any right of a third party, including by infringing or
  3. Misappropriating any third party intellectual property right;
  4. Post, upload, or distribute any content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  5. Interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
  6. Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Site; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
  7. Perform any fraudulent activity including impersonating any person or entity, claiming a false
  8. Affiliation, accessing any other Site account without permission, or falsifying your age or date of birth;
  9. Sell or otherwise transfer the access granted under these Terms or any Materials or any right or
  10. Ability to view, access, or use any Materials

Indemnity

You are responsible for your use of the Site, and you will defend and indemnify The Collective and its affiliates, and their respective officers, directors, employees, consultants, subsidiaries and agents (together, the “The Collective Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) arising out of or connected with: (a) your use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you
(without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.

Disclaimers

 

No Warranties

The site and all materials and content available through the site are provided “as is” and on an “as available” basis. The collective disclaims all warranties of any kind, whether express or implied, relating to the site and all materials and content available through the site, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. The collective does not warrant that the site or any portion of the site, or any materials or content offered through the site, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and the collective does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the site or the collective entities or any materials or content available through the site will create any warranty regarding any of the collective entities or the site that is not expressly stated in these terms. We are not responsible for any damage that may result from your use of or access to the site and your dealing with any other site user. You understand and agree that you use the site, and access, download, or otherwise obtain materials or content through the site and any associated sites or sites, at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device(s) used in connection with the site), or the loss of data that results from the use of the site or the download or use of the materials or content.

Notwithstanding the forgoing The Collective does not disclaim any warranty or other right that The Collective is prohibited from disclaiming under applicable law.

Limitation of Liability

To the fullest extent permitted by law, in no event will the collective entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the site or any materials or content on the site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any the collective entity has been informed of the possibility of damage.

To the fullest extent permitted by law, the aggregate liability of the collective entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the site or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the amount you have paid to the collective for access to and use of the site in the 12 months prior to the event(s) or circumstances giving rise to claim. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms.
 

Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The laws of the Republic of the Philippines apply to this agreement.

General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and The Collective regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Privacy Policy

Please read the The Collective eCommerce Website Privacy Policy  carefully for information relating to our collection, use, storage, disclosure of your personal information. The The Collective eCommerce Website Privacy Policy, as in effect from time to time, is incorporated by this reference into, and made a part of, these Terms.

Additional Terms

Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications

By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.