These Terms of Use shall govern your access and use of this Site, including the mobile versions or mobile applications made available. By accessing the Site and/or using the services, you confirm that you have read, understood, and accepted these Terms of Use and agree to be bound by them.
We may, at our sole discretion, update or modify these Terms of Use from time to time without prior notice. Any modifications to these Terms of Use will become effective when published on the Site. Your continued use of the Site after the changes constitutes your agreement to be bound by the most recent amended version of these Terms of Use.
These Terms of Use also apply to all orders placed using other media, website, and email.
Products and Services
Product information and content displayed on the Site may vary at the time of the actual transaction. The Prop Dept makes reasonable efforts to provide accurate and updated content, images, and descriptions on the Site, but all such product information is subject to change without prior notice, at our sole discretion.
We endeavor to display, as accurately as possible, the colors and images of our products on the Site as they appear in person. However, the color you see on the Site will differ from the actual color, as this depends on the display features of the device you are using.
The Prop Dept reserves the right to limit the sales of our products or services to any person, geographic location, or jurisdiction; limit the quantities of any products or services that we offer; and discontinue any product at any time.
Pricing
Prices on the Site are in Philippine Peso for all items. The Prop Dept makes reasonable efforts to provide accurate and up-to-date pricing and promotional information, but reserves the right to vary the price and other pricing and promotional details without prior notice.
The price to be paid at checkout shall be based on the prevailing selling price at the time we receive your order, which may or may not be the same at the Site at any time thereafter due to price changes.
Intellectual Property Rights
All intellectual property rights and content available on our Site, including but not limited to text, graphics, images, icons, designs, business, brand, or trade names, domain names, logos, marks, copyrights, software, and source codes, as well as confidential information, business or trade secrets, know-how, and database (collectively, the “Intellectual Property”) are exclusively owned by The Prop Dept.
You are prohibited from downloading, storing, uploading, posting, transmitting, using, distributing, copying, reproducing, selling, licensing, modifying, publishing, adapting, editing, creating any derivative works, or manipulating in any way the above-mentioned intellectual property and content or any part of the Site for any purpose without our express and prior written consent; except that you are given consent to view, make an electronic and or hard copy portions of the content for the sole purpose of placing an order and for non-commercial and personal use only.
All rights, title, and interest in the Intellectual Property on this Site are protected by copyright, trademark, and other intellectual property rights and shall at all times remain our property.
Third-Party Links
This website may contain links to other websites and is provided for convenience only. The Prop Dept 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 The Prop Dept of the website or its owners, products, or services.
Disclaimer of Liability
The content, materials, and information indicated on this Site, including those pertaining to product description, pricing, and promotional information, are for reference only and provided on an “as is” basis. To the extent permitted by law, The Prop Dept disclaims all express and/or implied warranties or guarantees; and makes no representations, express or implied, as to quality, merchantability, fitness for a particular purpose, as well as to the accuracy, suitability, completeness, privacy, or non-infringement of any information or content on this Site.
To the fullest extent allowed by law, we assume no liability for any loss or damage whatsoever, including, but not limited to, any direct, indirect, special, consequential, exemplary, punitive, or incidental losses or damages, or damages for loss of use, business, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services; directly or indirectly arising out of or related to the use, inability to use, performance, or failures of this Site; availment of services from this Site; and any mistake, error, discrepancy or omission in the materials/information posted thereon, irrespective of whether such losses or damages were reasonably foreseeable or arise in contract, tort, negligence, equity, restitution, by statute, or other legal form of liability.
We further disclaim all liability in relation to endorsements, recommendations, information, or materials posted by suppliers, advertisers, sponsors, and other third parties on this Site, all of whom shall remain responsible for said information.
By accessing and using this Site, you acknowledge and accept that you do so at your own risk. To the extent permitted by law, we make no express and/or implied warranties or representations in respect of your ability to access the Site and do not warrant, expressly or impliedly, that the functions of the Site shall be available at all times and that its use shall be uninterrupted, or error/defect, or virus-free.
To the fullest extent allowed by law, The Prop Dept shall not have any express or implied liability whatsoever (whether arising in contract, tort, negligence, restitution, statute, equity, or under any other legal form of liability) for any:
- Direct, indirect, special, incidental, consequential, exemplary, or punitive losses, damages, costs, or expenses.
- Loss of actual or anticipated profits, revenue, or savings.
- Loss of contracts or opportunity.
- Loss of use of money.
- Loss of reputation and/or goodwill.
- Loss of business or operation time; or
- Loss of, damage to, or corruption of data.
In relation to your use or inability to use or delay in the use of the Site or any content in it or accessible from it, or hardware and software problems, loss or corruption of data or any other performance failures, or any error, omission, computer virus or defect, unauthorized access to or alteration of the Site, malicious or fraudulent transactions, irrespective of whether such losses or damages were reasonably foreseeable, or we had been advised of the possibility of you incurring such losses or damages.
Indemnity and Waiver
You agree to indemnify, defend, and hold harmless The Prop Dept, its owners, 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 of this Site or your breach of the Terms of Use.
Force Majeure
No party shall be liable to any breach of performance under these Terms of Use by reason of any delay in performing or any failure to perform any obligations if such delay or failure is due to any event or cause beyond reasonable control (each an event of “Force Majeure”). Without prejudice to the foregoing, the following events shall be regarded as events of Force Majeure:
- Act of God, natural disaster, explosion, flood, tempest, fire, or accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition, act of terrorism, or civil unrest;
- Any law, order, acts, restrictions, regulations, prohibitions, or measures of any kind on the part of any national or local governmental authority;
- Interruption of traffic, strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of The Prop Dept or of a third party);
- Health epidemics declared by the national and/or local government authorities and/or supranational bodies such as the World Health Organization;
- Interruption of production or operation, unavailability, shortages, or difficulties in obtaining raw materials, products, labor, fuel parts, or machinery;
- Power failure or breakdown in machinery; and
- Other causes similar to the foregoing.
Complaints and Enquiries
- The Prop Dept shall perform its obligations under these Terms of Use with reasonable skill and care.
- You may use the “Contact Us” on this Site or email us at [email protected] for any complaints or inquiries.
- 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 not have reached you. Should you not have received any response from us within five (5) business days, please make further inquiries. You may also contact us by phone at +63954 463 8603.
Personal Data Protection
Please see our Privacy Policy, which forms part of these Terms of Use.
Governing Law
These Terms of Use and your use of the Site (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with Philippine laws. You submit to the exclusive jurisdiction of Philippine courts to settle any dispute which may arise under these Terms of Use.