TERMS AND CONDITIONS
TERMS OF USE
Please read these Terms of Use carefully before using fortywinks.com.ph Using this website means
you have read, understood, and accepted these Terms of Use. The following Terms of Use
regulates your usage and access of the website. You are bound by these terms of use by using or
accessing this website. If you do not accept these Terms of Use, do not use this website.
Fortywinks.com.ph is applicable for retail and personal use purchases only. Wholesale or volume
transactions will not be accepted. All transactions are subject to bank verification and credit
check.
Fortywinks.com.ph sells products for children’s use; however, these products are intended for
selling to 18 years old and above. If you are under the aforementioned, you may use the .com site
only with involvement of a parent or guardian. You are forbidden to do the following:
1. Using or attempting to use any platform, engine, tool, agent or other devices or
mechanism (except for what Fortywinks.com.ph have provided and other 3rd party search
engines) to check or navigate the Fortywinks.com.ph site.
2.Using or attempting to use any platform, engine, tool, agent or other devices or merchant
fortywinks.com.ph ism to intrude with Fortywinks.com.ph’s site that causes trouble or
malfunction within the Fortywinks.com.ph site.
3.Violating or attempting to break the fortywinks.com.ph site and use on any illegal
transactions.
4.Imitate any person or entity or misrepresent your relationship with any person or entity.
Post, promote or communicate through Fortywinks.com.ph any banned materials in any
way. Fortywinks.com.ph reserves the right but not obliged to:
a. Restrict any user from accessing or using the site for any reason.
b. Observe and control any activity, content or material on the site.
c. Fortywinks.com.ph may in sole and absolute discretion, investigate any violation of the terms
and conditions stated herein and may take appropriate action needed.
CHANGES TO THESE TERMS OF USE
Fortywinks.com.ph reserves the right to change this Terms of Use from time to time, in whole or
in part, without prior notice to you. You should check back often so you are aware of your
current rights and responsibilities. Your continued use of this website after changes to its Terms
of Use have been published constitutes your binding acceptance of the updated Terms of Use. If
at any time the Terms of Use are not acceptable to you, you should immediately cease all use of
this website.
Fortywinks.com.ph may change the terms of this Agreement from time to time. By continuing to
use any of the Fortywinks.com.ph site after we post any such changes, you accept the Agreement,
as modified. Fortywinks.com.ph may, from time to time: upgrade, modify, suspend or
discontinue, remove, whether in whole or in part the site and shall not be liable if such upgrade,
modify, suspend or discontinue, remove, whether in whole or in part, prevents you from
accessing Fortywinks.com.ph
fortywinks.com.ph.
USER ACCOUNT
Fortywinks user account will be needed on certain features of the website. This may require
creation of an account with us which requires for you to provide your Personal Data. We may at
any time in our sole and absolute discretion, request that you update your Personal Data or
immediately invalidate the Username and/or Password without giving any reason or prior notice
and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of
or in connection with or by reason of such request or invalidation. You hereby agree to change
your Password from time to time.
You will be responsible for the confidentiality of your password and for all statements made and
modification that occur on your account. If you believe someone has used your password or
account without your authorization, you must notify fortywinks.com.ph immediately. Your
account may also be restricted or terminated for any reason, at our sole discretion. We may also
change, restrict access to, suspend, or discontinue the fortywinks.com.ph site, or any portion of
the fortywinks.com.ph site, at any time without notice.
PRICING POLICY
Prices on fortywinks.com.ph are subject to change without prior notice. This may be due to the
consequence of supplier price changes or due to current market situations. Prices may also vary
from actual store price. fortywinks.com.ph is determined to ensure accurate price information
however, errors may still occur and the price of your order will be validated as part of acceptance
procedure.
All prices on fortywinks.com.ph site are subject to taxes, unless otherwise stated.
fortywinks.com.ph reserves the right to amend the prices at any time without giving any reason
or prior notice.
fortywinks.com.ph cannot confirm the price of an item until after your order is placed. Pricing
errors may occur on fortywinks.com.ph site. fortywinks.com.ph reserves the right to cancel any
orders containing pricing errors, with no further obligations to you, even after your receipt of an
order confirmation or shipping notice from fortywinks.com.ph. fortywinks.com.ph may, at its
discretion, either contact you for instructions or cancel your order and notify you of such
cancellation. Pricing for products may be different on the fortywinks.com.ph site or from prices
available in fortywinks.com.ph offline stores.
CONTENT INFORMATION
fortywinks.com.ph undertakes serious effort to provide accurate descriptions of the products
posted on fortywinks.com.ph site. fortywinks.com.ph does not guarantee that such description is
accurate, current or free from errors.
fortywinks.com.ph posts variety of material on the fortywinks.com.ph site including without
limitation, merchandise information, product descriptions, reviews, comments, and In Store Now
information (collectively, “Materials”). The Materials that appear on fortywinks.com.ph site is for
educational and informational purposes only. Despite our efforts to provide useful and accurate
information, errors may appear from time to time. Before you act on information you have
found on fortywinks.com.ph site, you should confirm any facts that are important to your
decision. fortywinks.com.ph and its information providers make no warranty as to the reliability,
accuracy, timeliness, usefulness, or completeness of the information on fortywinks.com.ph
site. fortywinks.com.ph is not responsible for, and cannot guarantee the performance of, goods
and services provided by our advertisers or others to whose sites we link. Product information
contained on the fortywinks.com.ph may be different from information contained on the product
materials due to manufacturer changes. If you find a product that is not as described, your sole
remedy is to return it in unused condition (excluding the products that are not eligible for
return).
OFFER TO BUY
By using this website, the customer agrees that the items displayed in fortywinks.com.ph are mere
advertisements or notice to the public that the said goods have been offered in Forty Winks’ s
stores.
By clicking the “Buy now” or “add to my cart” or other similar website button, customer is
effectively submitting his offer to buy that particular item, which fortywinks.com.ph may accept
or reject.
ORDER PROCEDURE
1. Orders processing is from Mondays thru Saturdays, 9:00am thru cut off time of 3:00pm (Manila
Time). Orders placed after cut off shall be processed the next business day.
2. For 3rd party purchases (e.g. cardholder’s outside the country who wants to buy appliances and
have it delivered to their families in the Philippines), additional requirements shall be required.
Please refer to details as follows:
– Cardholder’s signed authorization letter
– Clear copy of cardholder’s valid ID with photo and signature.
– Clear copy of authorized representative/recipient’s valid ID with photo and signature.
3. For International credit card, an international valid ID shall be required.
4. You may be asked to provide additional information or requirement for verification purposes
before we accept the order. Verification normally takes 1-2days after the cardholder completed
the requirements. Please be advised that the additional documents required shall be forwarded
within 7 days from the date of order.
5. Please take note that there are cases wherein an order cannot be processed for several reasons,
such as, restrictions on the maximum number of units that a single customer can purchase. The
site has the right to refuse or cancel any order for any of these reasons.
6. Once we have completed the verification, we will send you a Confirmation Email.
7. Products in this site are normally available for consolidation within 24hrs after the order has
been accepted. If an order will not be available within 24hrs, or is out of stock, or if under order
basis (7-10 working days) the customer will be notified thru telephone or email as to when the
product will be available. The customer on the other hand has the option to cancel the order
without any charges.
8. For select transactions (Non-OTP and international card), kindly allow additional 3-5 work
days processing. We may also get in touch with you to request for a copy of Valid ID.
ORDER INFORMATION
fortywinks.com.ph reserves the right to refuse or cancel an order for any reason including
limitations on quantities available for purchase, inaccuracies, or errors in product or pricing
information, or problems identified by our credit and fraud avoidance department. If your order
is canceled after your credit card (or other payment account) has been charged, we will issue a
credit to your credit card (or other applicable payment account) in the amount of the charge.
fortywinks.com.ph reserves the right to limit the quantity of items purchased per person, per
household or per order for any reason. These restrictions may apply to orders placed by the same
account, the same credit card, and also to orders that use the same billing and/or shipping
address. We will notify you should such limits be applied.
PROMOTIONAL CODES
Promotional codes are limited in nature and may expire or discontinue with or without
notice. Promotional codes are void where prohibited by law. Promotional codes may not be
copied, sold, or otherwise offered. They are not redeemable for cash and are subject to
cancellation or change at any time for any reason.
A replacement may be allowed provided there is a failure on the merhcant’s system or error in the
email and/or number provided by the customer.
PAYMENTS
fortywinks.com.ph supports the following payment methods:
1. Credit Card or Debit Card
2. Cash on Delivery (COD)
3. Over the Counter (OTC)
If payment confirmation is not received by fortywinks.com.ph within three (3) days, order will be
automatically cancelled.
fortywinks.com.ph takes no responsibility and assumes no liability for any loss or damages to the
customer arising from shipping information and/or payment information entered by the customer
or wrong remittance by the customer in connection with the payment for the items purchased.
We reserve the right to check whether the customer is duly authorized to use certain payment
method, and may suspend the transaction until such authorization is confirmed or cancel the
relevant transaction where such confirmation is not available.
You may not claim against fortywinks.com.ph for any failure, disruption or error in connection
with your chosen payment method. fortywinks.com.ph reserves the right at any time to modify or
discontinue, temporarily or permanently, any payment method without notice to you or giving
any reason.
REFUND OF PAYMENTS
All refunds shall be made via the original payment mechanism and to the person who made the
original payment, except for Cash on Delivery, where refunds will be made via bank transfer into
the individual’s bank account provided that complete and accurate bank account details are
provided to us or check pick-up on preferred branch of store. Also, all refunds will be deducted
with handling and shipping fee incurred on the transaction.
fortywinks.com.ph offers no guarantee on the timeliness of the refunds. The processing of
payment may take time depending on the guidelines provided by the respective banks and/or
payment provider’s internal processing guidelines. All refunds are conditional upon
fortywinks.com.ph’s acceptance of a valid return of the item.
fortywinks.com.ph reserves the right to modify the mechanism of processing refunds at any time
without notice. fortywinks.com.ph will not provide you a refund for certain goods which by
nature cannot be returned. Such items include items which cannot be resold for health and
hygiene reasons once unwrapped (i.e. mattresses, bedding, personal grooming products, and
etc.).
SHIPPING AND DELIVERY PROCEDURES
1.Delivery and shipment of orders within the Philippines shall be handled by
fortywinks.com.ph or its affiliate companies or parties as long as destination is covered by its
delivery network. Delivery of the products shall be made to the address you specify in your
Order.
2.Shipping and Packing charges shall be as set out in the Order.
3.Orders are normally dispatched on the third day after the order was accepted; delivery lead time
are as follows:
a) 1 – 3 working days within Metro Manila
b) 5 – 7 working days for Luzon Area
c) 8 – 13 days for Visayas and Mindanao
4.Upon delivery of item, the cardholder should present the following:
a) Confirmation letter
b) Valid ID with photo and signature. (Please refer to acceptable valid ID listed under Order
Requirements)
5.In the absence of the cardholder, an authorized representative may receive the product provided
the following will be presented:
a) Confirmation letter
b) Signed authorization letter from cardholder
c) Clear copy of cardholder’s valid ID with photo and signature
d) Clear copy of representative’s valid ID with photo and signature
6.Please observe the guidelines upon delivery which was mentioned above as there will be no
release of item without the confirmation letter, valid ID of cardholder, signed authorization letter,
if applicable and copy of representative’s valid ID, if applicable.
7.Forty Winks shall not be held liable for non-delivery of product due to the following
circumstances beyond fortywinks.com.ph’s control and its affiliate partners:
a) Unavailability of cardholder or authorized representative
b) Incomplete or incorrect address.
Forty Winks reserves the right to charge additional delivery fee/s after the first unsuccessful
delivery attempt due to unavailability of the receiver. Forty Winks shall wait for
customer’s/cardholder’s advice before proceeding to the delivery attempt. If delivery failed on the
third attempt, the transaction shall be deemed terminated. Delivery fees and other payments
made shall be forfeited.
8. You acknowledge that delivery of the Products is subject to availability of the Products but you
acknowledge that while stock information on the site is updated regularly, it is possible that in
some instances a Product may become unavailable between updates. All delivery timeframes given
are estimates only and delays can occur. If the delivery of your Product is
delayed, fortywinks.com.ph will inform you accordingly via e-mail and your Product will be
dispatched as soon as it becomes available. The time for delivery shall not be of the essence, and
fortywinks.com.ph (nor any of its affiliates) shall not be liable for any delay in delivery whatsoever
caused. In the event you do not receive the Product by the projected delivery date and provided
that you inform fortywinks.com.ph within 3 day immediately from such projected delivery date,
fortywinks.com.ph will try to locate and deliver the Product. If fortywinks.com.ph does not hear
from you within 3 days from such projected delivery date, you shall be deemed to have received
the Product subject to your rights under Philippine law.
ORDER CANCELLATION
1. fortywinks.com.ph has the right to cancel any orders received for the following reasons:
a. Force majeure or act of nature, including calamity or bad weather condition, and
strikes.
b. Circumstances beyond the control of the merchant, including out of stock, system
error, item detail dispute, incorrect image, wrong promotion, wrong pricing among others.
c. In the event of system error, order/s may be cancelled automatically. From which
payment will be refunded within 5-14 working days.
d. Non-compliance to order requirements.
Should your order be cancelled for whatever reason, you will be duly notified via e-mail by
fortywinks.com.ph Shop Online.
An fortywinks.com.ph Shop online representative will facilitate a full refund of any payments
made to Forty Winks.
In case of dispute, the company’s decision will prevail.
All purchases are subject to the terms and conditions of Forty Winks.
2. You may cancel the order by the following process:
a. Log-in to your fortywinks.com.ph account
b. Track your order status. If the product is already in transit for delivery, you may not
cancel your order.
c. Click “Cancel your Order”
A confirmation from your fortywinks.com.ph account will prompt once your order has been
successfully cancelled. All delivery fees incur on the transaction shall not be refundable.
3. fortywinks.com.ph may stop any products in transit, suspend further deliveries to the customer
and/or terminate the customer contract with immediate effect by written notice to the customer
on or at any time after the product is unavailable for any reason.
RISK OF LOSS
At the time of delivery, risk of loss and/or damage to the products will be transferred to you.
Ownership over the products will only be passed to you when we receive full payment of all sums
due from you, including delivery charges.
RETURN AND EXCHANGE POLICY
1. Replacement of unit due to change of mind is not allowed. Only defective goods can be
returned or exchanged.
2. If the item was defective, customer shall inform Forty Winks,com within 7 days. Kindly send us
an email at customerservice@ fortywinks.com.ph and a Customer Service Representative will get
in touch with you to investigate and provide you with instructions on the matter. In case
customer informed fortywinks.com.ph later than 7 days, the concern will still be investigated but
item replacement will be under manufacturer’s disposition.
3. Please note that the item must be in its original delivery condition and sent back to us with
prepaid shipping charges and insured for the full purchase price, with original copy of Sales
Invoice. Shipping and handling charges are non-refundable. Forty Winks may charge
administrative and handling charges depending on the circumstances of the return.
4. Here are the list of reasons why customers can return their purchased product:
1. Item not as advertised – item(s) received is not as expected based on website purchase.
2. Wrong Item Delivered – item(s) received by the customer is not the same product he/she
ordered.
3. Damaged Item – item(s) received by the customer may have dents, scratches or any issues
that relates to cosmetics quality.
4. Defective item – item(s) received by the customer is not working properly or it has
“Factory Defect”.
5. Missing Accessories/Item – Some parts or bundles of the order is missing.
ITEM WARRANTY
1. The commitment of fortywinks.com.ph is to provide support and assistance to customers who
would like to avail of the manufacturer’s warranty.
2. Kindly ensure to keep the Official Sales Invoice for warranty purposes.
3. In case the item purchased online has a problem, customer may contact the Customer Service
Hotline at (+632) 921-0888 or email us at customerservice@ fortywinks.com.ph for proper
instructions.
4. All reported items claiming under warranty, are subject to manufacturer’s verification or
investigation. Warranty claims will be according to manufacturer’s disposition.
5. fortywinks.com.ph is not liable for any losses suffered by any third party directly or indirectly
caused by repairs or remedial work carried our without fortywinks.com.ph’s prior written
approval; and the customer shall indemnify fortywinks.com.ph against all losses arising out of
such claims.
6. fortywinks.com.ph shall be under no liability under the above warranty (or any other warranty,
condition or guarantee) if the total price for the Products has not been paid in cleared funds by
the due date for payment.
7. To the extent allowed under Philippine law, fortywinks.com.ph shall be under no liability
whatsoever in respect of any defect in the Products arising after the expiry of the applicable
Product Warranty, if any.
TRADEMARKS
The trademarks, logos, and service marks displayed on this website are the property of
fortywinks.com.ph or their respective owners. You are not permitted to use these items without
the prior written consent of fortywinks.com.ph or their respective owners.
COPYRIGHTS
fortywinks.com.ph either owns the intellectual property rights in the content that is made
available on this website, or has obtained the permission of the owner to make it available on this
website. fortywinks.com.ph strictly prohibits the redistribution or copying of this website, in
whole or in part, without written permission from fortywinks.com.ph. This website authorizes
you to display on your computer, download, or print the pages from this website provided:
a. The copyright notice appears on all printouts.
b. The information is intact and will not be altered in any way.
c. The content is used for personal, educational, or non-commercial use only.
You do not redistribute or copy the information to any other media.
fortywinks.com.ph respects the intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please contact us immediately at
the contact information provided below. Please include the following:
a. A description of the intellectual property that you claim has been infringed.
b. A description of the material that you claim is infringing on the said intellectual
property.
c. An address, telephone number, and email address where you can be contacted.
Include the statement: “I have a good faith belief that use of the copyrighted materials described
above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the statement: “I swear, under penalty of perjury, that the information in the notification
is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.” Your physical signature.
EXCLUSION OF LIABILITY
fortywinks.com.ph’s security shall not be liable to you for any Losses whatsoever or howsoever
caused (regardless of the form of action) arising directly or indirectly in connection with 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
any use of or access to any other website or webpage linked to the site, even if we or our officers
or agents or employees may have been advised of, or otherwise might have anticipated, the
possibility of the same.
Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the site
is entirely at your own risk and we shall not be liable therefor.
fortywinks.com.ph, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY
CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION
YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF fortywinks.com.ph SITE
CONTENT SUBMISSION AND INFORMATION
fortywinks.com.ph allows users to submit and share comments, feedback, submissions,
suggestions, questions, reviews, and other content through fortywinks.com.ph site.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content;
(2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and
your submission has been made under the supervision of a parent of legal guardian who agrees to
be bound by this Agreement; and (3) use of any Content you supply will not violate any term of
this Agreement and will not cause injury to any person or entity.
If you make any submission to fortywinks.com.ph site, you automatically grant, or warrant that
the owner of such content has expressly granted fortywinks.com.ph, a royalty-free, perpetual,
irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works
from, modify, publish, edit, translate, distribute, perform, and display the communication or
content material in any media or medium, or any form, format, or forum now known or
hereafter developed. You should not submit any Content to us that you do not wish to license to
us. fortywinks.com.ph is and shall be under no obligation (1) to maintain any Content in
confidence; (2) to pay any compensation for any Content; or (3) to respond to any user
Content. You grant fortywinks.com.ph the right to use the name that you submit in connection
with any Content.
Although fortywinks.com.ph cannot monitor all Content, you understand that fortywinks.com.ph
shall have the right, but not the obligation, to monitor the Content of the fortywinks.com.ph site
to determine compliance with this Agreement and any other operating rules that may be
established by fortywinks.com.ph from time to time. fortywinks.com.ph shall have the right, in
its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted
on, fortywinks.com.ph site for any reason, including violation of this Agreement, whether for
legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any
Content you submit and you agree to indemnify fortywinks.com.ph and its affiliates for all claims
resulting from any Content you submit.
fortywinks.com.ph may, from time to time, be required by government agencies to disclose
certain information in connection with any audit and investigation. You understand that we are
not required to contest any demand made by an authority for such information.
LINKS TO OTHER SITES
This website contains links to other websites and are provided for convenience only.
fortywinks.com.ph has not reviewed the linked websites and is not responsible for the content or
availability of any linked websites. The inclusion of any link to a website does not imply
endorsement by fortywinks.com.ph, of the website or their owners, products or services.
SUBMISSION OF IDEAS
fortywinks.com.ph or any of its employees do not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new products or technologies, processes,
materials, marketing plans, or new product names. Please do not send any original creative
artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential
misunderstandings or disputes when fortywinks.com.ph products, services, or marketing strategies
might seem similar to ideas submitted to fortywinks.com.ph. Please do not send your unsolicited
ideas to fortywinks.com.ph or anyone at fortywinks.com.ph. If, despite our request, you still send
us your ideas or materials, please understand that fortywinks.com.ph makes no assurances that
your ideas or materials will be treated as confidential or proprietary.
RULES OF CONDUCT
Your use of this website is subject to all applicable local, national and international laws and
regulations, and you agree not to violate such laws and regulations. Any attempt by any person to
deliberately damage this website is a violation of criminal and civil laws. fortywinks.com.ph
reserves the right to seek damages from any such person to the fullest extent permitted by law.
In addition, you agree not to post or transmit through this website any material or content that
violates or infringes in any way the rights of others or solicits, encourages or promotes the use of
illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory,
libellous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful,
profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or
criminal liability or otherwise violates any applicable law. You may not engage in any activity on
this website that restricts or inhibits any other user from using or enjoying this website by
“hacking”, “cracking”, “spoofing”, or defacing any portions of this website.
You may not post or transmit through this website advertising or commercial solicitations;
promotional materials relating to website or online services which are competitive with
fortywinks.com.ph and/or this website; software or other materials that contain viruses, worms,
time bombs, Trojan horses, or other harmful or disruptive components, political campaign
materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval
application, or other manual or automatic device or process to retrieve, index, “data mine”, or in
any way reproduce or circumvent the navigational structure or presentation of this website or its
contents. You may not harvest or collect information about website visitors without their express
written consent.
GLOBAL AVAILABILITY
fortywinks.com.ph controls this site from its Philippine offices. If you use this website from other locations
you are responsible for compliance with applicable local laws. Forty Winks makes no representation that the
products and services referenced herein are appropriate, or available, worldwide and in fact certain products
and services may not be available worldwide.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Forty Winks is not responsible if the information that is made available on this website is not
accurate or complete. Any reliance upon the material on this website shall be at your own risk.
You agree that it is your responsibility to monitor any changes to the material and the
information contained on this website.
DISCLAIMER
THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS
WEBSITE IS AT YOUR OWN RISK. Forty Winks MAKES NO WARRANTIES OR REPRESENTATIONS,
EXPRESSED OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR
ANY CONTENT. Forty Winks DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. Forty Winks DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR
LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS
WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO
COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER
PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT
RESULT FROM OR ARE ASSOCIATED WITH THE USE OF THIS WEBSITE OR ANY CONTENT.
Forty Winks MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY
PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR
OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (IV) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT,
AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT)
DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR
THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Forty Winks AND REMAINS THE
RESPONSIBILITY OF THE THIRD PARTY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Forty Winks IS NOT LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL,
DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE)
ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Forty Winks HAS
PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE
POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF
CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION
DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; ( c) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION
UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR
CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR
INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY.
JURISDICTION
This agreement and all claims relating to the relationship between the parties are governed by the
laws of the Republic of the Philippines.
If one or more of the provisions contained in this Agreement is held invalid, illegal or
unenforceable in any respect by any court of competent jurisdiction, such holding will not impair
the validity, legality, or enforceability of the remaining provisions.
NOTICES
Notices from us: All notices or other communications given to you if: (a) communicated through
any print or electronic media as we may select will be deemed to be notified to you on the date
of publication or broadcast; or (b) sent by post or left at your last known address will be deemed
to be received by you on the day following such posting or on the day when it was so left.
You may only give notice to us in writing sent to our designated address or e-mail address, and
we shall be deemed to have received such notice only upon receipt. While we endeavour to
respond promptly to notices from you, we cannot guarantee that we will always respond with
consistent speed.
We may from time to time designate other acceptable modes of giving notices (including but not
limited to e-mail or other forms of electronic communication) and the time or event by which
such notice shall be deemed given.
TERMINATION
This Agreement is effective unless and until terminated by either you or fortywinks.com.ph. You
may terminate this Agreement at any time, provided that you discontinue any further use of
fortywinks.com.ph site. fortywinks.com.ph also may terminate this Agreement at any time and
may do so immediately without notice, and accordingly deny your access to fortywinks.com.ph
site, if in fortywinks.com.ph’s sole discretion you fail to comply with any term or provision of this
Agreement. Upon any termination of this Agreement by either you or fortywinks.com.ph, you
must promptly destroy all materials downloaded or otherwise obtained from fortywinks.com.ph
site, as well as all copies of such materials, whether made under this Agreement or
otherwise. The following sections shall survive any termination of this Agreement: “Terms of
USe,” “Content Information,” “Offer to buy,” “Order Procedure,” “Pricing Policy,”
“Copyrights,” “Termination,” “Disclaimer,” “Jurisdiction,” “Limitation of Liability,” and “Privacy
Policy.”
GENERAL
This Agreement represents the complete agreement between the parties and supersedes all prior
agreements and representations between them. Headings used in this Agreement are for
reference purposes only and in no way define or limit the scope of the section. If any provision
of this Agreement is held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and the other terms of this Agreement shall
remain in full force and effect. The failure of fortywinks.com.ph to act with respect to a breach
of this Agreement by you or others does not constitute a waiver and shall not limit
fortywinks.com.ph’s rights with respect to such breach or any subsequent breaches. This
Agreement shall be governed by and construed under Philippines law without regard to conflicts
of law provisions. Any action or proceeding arising out of or related to this Agreement or your
use of fortywinks.com.ph site must be brought in the courts of the Philippines and you consent to
the exclusive personal jurisdiction of such courts.
