I.   GENERAL

 1.       This Agreement sets forth the Terms and Conditions that apply to the use of www.bangs.ph.com (“Site”) provided by ASIA BANGS FIRST GROUP CORP. (“Bangs Corp.” or the “Company”). By using this Site, the User agrees to comply with all of the Terms and Conditions hereof. By using, accessing or downloading materials from this Site, the User agrees to follow the terms and provisions as outlined in this Agreement, which apply to all visits to the Site, both now and in the future. 

2.       This Site is operational 24 hours a day, 7 days a week. However, Bangs Corp. reserves the right at any time to discontinue any aspect or feature of the Site for any reason including, without limitation, routine maintenance or updates, internet provider disconnection or other similar causes. Further, Bangs Corp. reserves the right to discontinue the operation of the site permanently or temporarily due to service and systems errors, traffic, brownouts or other emergency situations. 

3.       Bangs Corp. is not responsible for any interruption or damage due to the User’s internet service, electric supply and other similar causes.

 

II.   DEFINITION OF TERMS

 

User – A person who agreed with the terms and conditions hereof to enjoy the services offered by this Site.

 

ID – The User’s identification composed of alphanumeric codes.

 

Password – a string of characters that allows access to a computer, interface or system.

 

Other terms not stipulated herein is understood to be interpreted based on their customary meaning.

 

III.  MODIFIED TERMS

 

1.       Bangs Corp. reserves the right at all times to discontinue or modify this Agreement and/or the Privacy Policy as it deems necessary or desirable.

2.       Users will be notified of any changes through a prominent announcement on the website. Unless otherwise stated, any modification is effective immediately upon being posted on the Site.

3.       It is the User’s sole responsibility to check the Site from time to time for any changes in the Agreement. The use of the Site after any modification to the Agreement indicates that the User agrees to such modified Agreement.

 

IV.   USERS

 

1.       The services offered within the Site may be enjoyed through the use of the ID and PASSWORD of the User’s Social Networking System (SNS) such as Facebook, Twitter, and other SNS. The registration of the User’s personal information is optional.

2.       The User agrees that any information provided is true, accurate, current and complete. Bangs Corp. will use the submitted information to notify the User of the result and verification of the transaction, any changes in the Agreement Policy and other similar causes.

3.       The User should periodically update his/her personal information in the website if there are changes. Bangs Corp. is not responsible for any problem that may arise due to the User’s failure to update his/her information in the Site.

 

V.   PRIVACY POLICY

 

1.       Bangs Corp. will implement security measures to protect the User’s personal information and the intended transaction. Bangs Corp. shall take precautions to protect the User’s data from loss, misuse, unauthorized access or disclosure, alteration, or destruction of any third party.

2.       Bangs Corp. reserves the right at all times to disclose any information as it deems necessary under the applicable law, regulation, legal process or governmental request. Bangs Corp may, in its sole discretion, edit, refuse to post or remove any information or material in the Site.

3.       The User is entirely responsible for maintaining the confidentiality of his/her ID and Password. Furthermore, the User is entirely responsible for any activity that occurs or will occur under his/her account. The User agrees to notify Bangs Corp. immediately of any unauthorized use of his/her account or any breach of security. Bangs Corp. will not be liable for any loss that the User or third party may incur as a result of the unauthorized use of his/her password or account (either with or without the User’s knowledge). The User will be held liable for the losses incurred by Bangs Corp. or another party due to the unauthorized use of his/her account or password. Moreover, the User may not use anyone else's account at any time, without the permission of the account holder.

4.       Bangs Corp. reserves the right at all times to disclose, edit, refuse to post or to remove any information or material as it deems necessary to comply with the applicable law, regulation, or legal process.

5.       The User should always be cautious when giving out any personally identifiable information in the Site. Bangs Corp. does not control or endorse the content, messages or information found in the Site and, therefore, Bangs Corp. specifically disclaims any liability with regard to the posted information and any actions resulting from User’s participation in the Site.

6.       Bangs Corp. has the right to check the veracity of the ownership of the ID and the User must follow the Company’s procedure to prove the claim

7.       All the message or email of Users will be their responsibility.

 

VI.  EFFECTIVITY OF SERVICE USAGE

 

1.       Access to the Site and the effectivity of the service usage requires the User to agree to the terms and conditions hereof and the submission of the appropriate form. An automatic program system set in the Site will facilitate the approval of the service request.

2.       Although non-registered members may access and transact in the Site, they will be bound by the same terms and conditions of this Agreement.

3.       Bangs Corp. may disapprove the application for service usage for the following reasons:

    a.       It is against established morals and good manners [customs];

    b.      False information in the service usage form or false documents submitted;

    c.       Lacking information or requirement for acquiring service usage approval; or

    d.      Ill will or malicious purpose with or without other members or services offered.

4.       Lastly, the Company reserves the right to allow or disallow Users to use and access the Site.

 

VII.  CONDUCT OF USER

 

1.       The Users should follow all the policies stipulated herein and must use the Site for lawful purposes only.

2.       All Users should not commit any of the following acts: 

    a.       Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

    b.      Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

    c.       Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User legally owns or controls the rights thereto or have received all necessary consent to do the same;

    d.      Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

    e.      Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. 

    f.        Advertise or offer to sell or buy any goods or services for any business purpose, unless approved by the Company;

     g.       Download any file posted by another user of through the Communication services,  a chat room, website, or through a SNS that the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

    h.      Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

     i.         Restrict or inhibit any other user from using and enjoying the Communication Services;

    j.        Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

     k.       Harvest or otherwise collect information about others, including e-mail addresses;

     l.         Violate any applicable laws or regulations;

     m.    Create a false identity for the purpose of misleading others;

     n.      Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

 

VIII.   TERMS OF THE PURCHASE

 

1.       The procedure to purchase items or services follows: 

    a.       Encoding of name, address and contact details.

    b.      Selecting the products or services to be purchased.

    d.      Agreeing to the Terms and Conditions set forth in the consent box.

2.       After completing the necessary steps for the purchase of the items/service, the Company will confirm the transaction via phone (SMS/call) or email. After confirmation, the online product purchase will be effective.

3.       The following are the acceptable methods of payment:

    a.       Bank Deposit

    b.      Credit Card Payment

    c.       Wire transaction to bank

    d.      Points Payment under Section VIII

 4.       Bangs Corp. may need to contact the User for verification on the following cases:

     a.       When the User needs an attorney-in-fact;

    b.      For purchases amounting P 10,000 and above

    c.       Suspicious transactions;

5.       Bangs Corp. will not process product purchases in the following instances: 

    a.       The User is a minor without any written consent from his/her parent/s or guardian/s;

    b.      Faulty and/or incomplete typing of vital information;

    c.       False information, missing record or typographical error;

    d.      The Minor User purchases a product not allowable for minors under the law; and/or

    e.      Transaction error.

 

IX. POINT SYSTEM

 

1.       The minimum accumulated points that can be used to purchase a product online or avail of a service is P100.

2.       Bangs Corp. reserves the right to select the product/service that can be transacted through the use of points.

3.       A User who logs-in, posts articles, recommends products and services, comments about an article or purchases a product/service through the Site will be given corresponding points;

4.       The corresponding points will be valid for one (1) year. Any unused point after its validity will be forfeited. Unused points for a period of six (6) months of a User will be considered a dormant account and will be automatically forfeited.

5.       Points awarded by the Site can be used for salon services, product exchange and other services of Bangs Corp.

6.       Illegal accumulation of points are not allowed. Any illegally collected points will not be acknowledged, and cannot be used on the Site.

7.       Should the User decide to cancel a product purchase, the points accumulated will be cancelled as well. 

8.       Bangs Corp. reserves the right to select the product/service that can be transacted through the use of points.

9.       In case the User terminates his membership in the Site, commits a breach of this agreement or becomes a disqualified User as defined by the Company in this policy, all the unused points will be cancelled.

 

X.   POSTING

 

1.    Bangs Corp. has no obligation to monitor or screen communications in the Site. The Company shall not be responsible for any material that any participant posts and the Company does not assume the responsibility to do so.

 2.   However, the Company reserves the right to review materials posted in the Site and to remove any materials in its sole discretion.

 3.    Bangs Corp. reserves the right to terminate the User’s access to the Site at any time, without notice, for any reason whatsoever, such as:

    a.       Criminal act or any similar act committed through the use of the Site;

    b.      Dishonoring other person or giving disadvantage to any parties in the Site;

    c.       Illegal use of another User’s ID;

    d.      Obstruction of third party’s intellectual properties in the Site;

    e.      Spreading virus or any similar act to inflict destruction, chaos and errors;

    f.        Gathering information from the Site without authorization;

    g.       Unauthorized advertising material in the Site; or

    h.      Any other acts that will harm the operation of the Site.

 4.  Bangs Corp. reserves the right at all times to disclose, edit, refuse to post or to remove any information or material as it deems necessary to comply with the applicable law, regulation, or legal process.

5.  The User should always be cautious when giving out any personally identifiable information in the Site. Bangs Corp. does not control or endorse the content, messages or information found in the Site and, therefore, Bangs Corp. specifically disclaims any liability with regard to the posted information and any actions resulting from User’s participation in the Site.

6. Bangs Corp. does not claim ownership over the materials posted, uploaded and submitted by the User in the Site. However, by posting, uploading, inputting, providing or submitting the material, the User is granting Bangs Corp., its affiliated companies and necessary sub-licensees the permission to use User’s Submission in connection with the operation of their Site.

7. No compensation will be paid with respect to the use of User’s Submission, as provided herein. Bangs Corp. is under no obligation to post or use any Submission the User may provide. By Posting a Submission the User warrants and represents to own or otherwise control all of the rights to User’s Submission. 

8. In cases where Users or Non-Registered Members find out that his/her property rights have been violated, the User and Non-Registered Member must inform or report such incident to Bangs Corp., and prove its ownership of such property. Bangs Corp. will accommodate such request for deletion and modification of the account upon verification of the ownership.

9. Users should exercise objectiveness in assessing an article in the Site, and must report only those articles with offensive or inappropriate contents. Bangs Corp. reserves the right to assess the reported article and will decide if reposting is appropriate or deletion of the content.

10. Should a User upload or post malicious content in the Website, Bangs Corp. may automatically block the User from accessing or using the Website or Login name.


XI.   DELIVERY


Users will be informed of the delivery schedule, freight service, applicable fees and other information regarding the purchased product. After such information has been relayed to the User, Bangs Corp. will no longer be liable for any damages which may occur while in transit.

Bangs Corp. will post the product delivery schedules, transportation, fees and other information in the Site. However, Bangs Corp. will not be liable for any incident occurring after delivery has been assigned to a delivery Company.


XII.   REPLACEMENT


Users may ask for the replacement of the purchased product/s within five (5) days from date of receipt of the same, except for the following reasons:

  a. The product was damaged due to the User’s negligence;

b.   b.  The User has used the product;

c.   c.   The validity period for replacement has lapsed;

d.  d.   The product packaging has been damaged.


Us    Users should follow the proper procedure for product replacement set by Bangs Corp. Verbal requests will not be entertained.


XIII.   CANCELLATION


1. 1. Users must follow the product return procedure as specified in the Website.

        2. A User has a right to request for cancellation of the purchase order within three (3) days from the date of receipt of the confirmation message.

        3.  The Refund process specified in the Website must be followed by the User.


        

XIV.   MINI HOMEPAGE

2. 

        1. This Site has a mini homepage function which is open to every member of the Site. Users may earn certain points while managing his/her own mini homepage.

        2. All data in the personal mini homepage will solely be the responsibility of the User. Bangs Corp. will not be liable for any loss of information or data from the User’s mini homepage.

        3. All Users must abide with the rules of creating the mini homepage set by the Website.


        

XV.   INTELLECTUAL PROPERTY

        

         Bangs Corp. owns the intellectual property rights for its logo, contents, services, software, and others. Unauthorized alteration or revision of the abovementioned properties is prohibited.  

 Infringement or any other intellectual property violation will subject the offender to liquidated damages in the amount of P 500,000.00, without prejudice to the remedies and rights accorded to Bangs Corp.  under the law.