Terms & Conditions

Hi, Welcome to I.T. Command Center Inc.

Please take a moment to thoroughly read these terms and conditions before using the ITCC website. The website and the use of the Services are governed by the following Terms of Use. You consent to being legally bound by these Terms of Use by accessing the Platform and/or using the Services. Do not access or use this Platform or the Services if you do not agree to these Terms of Use.

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1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.

2. General use of Services and/or access of Platform

2.1 Conditions for using the Platform and/or Services: You agree to abide by all rules, notices, operating policies, and instructions associated to the use of the Services and/or access to the Platform, as well as any updates to the aforementioned that may be implemented from time to time by us. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

A. Restricted activities: You agree and undertake NOT to:

(a) Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;

(b) Utilize the Platform or Services in an unlawful manner;

(c) Make an unauthorized effort to access, interfere with, or otherwise disrupt other computer systems or networks linked to the Platform or Services;

e) Obstruct another person from using and enjoying the Platform or Services;

g) Utilize the Platform or Services in a manner inconsistent with any applicable Internet standards, applicable laws, or the acceptable use policies of any connected computer networks.

B. Platform and Service Availability: We reserve the right to upgrade, modify, suspend, or discontinue the provision of, or remove, in whole or in part, the Platform or any Services at any time and without notice. We will not be held responsible if any such upgrade, modification, suspension, or removal prevents you from accessing the Platform or any portion of the Services.

C. The right but not the obligation to monitor content: We reserve the right but are not obligated to:

(a) Regulate any activity, content, or material on the Platform and/or through the Services by monitoring, screening, or otherwise controlling it. In our sole and absolute discretion, we may look into any infringement of the terms and conditions set forth herein and may take whatever action we deem necessary;

(b) Deny or limit any Customer's access to the Platform and/or Services;

D. Privacy Policy: The Privacy Policy, which is explained here, also applies to your use of the Services and/or access to the Platform.

E. Terms and Conditions of Sale: The Terms and Conditions of Sale shall apply to all purchases of Products.

F. Additional terms: In addition to these Terms of Use, the use of particular Services, updated or expanded versions of the Materials provided by us or our designated subcontractors, may be governed by additional terms and conditions that will be fully enforceable.

3. Use of Services

A. Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.

B. Restrictions: Only authorized Customers who are of legal age and possess the requisite capacity under any applicable law to enter into and form contracts may use the Services. Even if they meet the requirements, Customers who have violated or are violating the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services are not permitted to use the Services.

C. General usage guidelines: You concur:

(a) to only access and/or use the Services in a lawful way and for legitimate purposes at all times, and further undertake to behave in good faith in all interactions with the Services; and

(b) to assume full responsibility for any information or data you upload, make appear, or otherwise control to appear on the Platform in connection with the Services.

Product description: While we make every effort to give a precise description of the Products, we do not guarantee that it is accurate, up-to-date, or error-free.

D. Product prices: Unless otherwise specified, all listing prices are subject to taxes. Without providing a justification or prior notice, we reserve the right to change the listing prices at any moment.

4. Intellectual property

A. Ownership: We, our licensors, or our service providers own, have licenses for, or are otherwise in control of all intellectual property in and to the Platform and the Materials. We reserve the right to use all legal means to protect its intellectual property.

B. Restricted use: Without our prior written consent or the consent of the appropriate copyright owners, no part or parts of the Platform or any Materials may be reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any way or by any means, stored in an information retrieval system, or installed on any servers, systems, or equipment. 

C. Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

5. Limitation of our Liability and Responsibility

(a) the data and/or information contained in the Platform, Services, or Materials in terms of accuracy, timeliness, sufficiency, commercial value, or completeness;

(b) that the Platform, the Services, or any Materials will be accessible continuously, securely, without interruption or error, or that any discovered flaw will be fixed;

(c) that there are no computer viruses or other harmful, damaging, or corrupting agents, programs, or macros on the Platform, the Services, or the Materials; and

(d) the security of any information transmitted by you or to you through the Platform or the Services, and you acknowledge the possibility that any information transmitted or received through the Services or the Platform may be accessed by unauthorized parties or disclosed by us or our officers, employees, or agents to third parties pretending to be you or to act on your behalf. owing to the public nature of the Internet, transmissions via the Internet and electronic mail may be vulnerable to interruption, transmission blackouts, delayed transmission owing to internet traffic, or inaccurate data transmission.

6. General

A. The provisions of these Terms of Use and our rights and remedies under these Terms of Use, unless otherwise provided under these Terms of Use, are cumulative, without prejudice to, and in addition to, any rights or remedies we may have at law or in equity. No exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law).

B. No waiver: Our failure to enforce these Terms of Use will not be interpreted as a waiver of those provisions, and it won't affect our ability to later enforce these Terms of Use. If you violate these Terms of Use in any other way, we would still be able to exercise our legal options.

C. Severability: If at any time any provision of these Terms of Use shall be or shall become unlawful, invalid, or otherwise unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect as if such unlawful, invalid, or unenforceable provision were severed from these Terms of Use.

D. Governing law: These Terms of Use and the use of the Platform and/or Services shall be governed by and interpreted in accordance with Philippine law. In the event of a disagreement regarding these Terms of Use, the Parties shall make reasonable efforts to resolve the matter amicably. The Parties shall attempt to agree on an appropriate ADR proceeding (for instance, mediation, conciliation, expert determination, dispute board, adjudication) if they are unable to reach an amicable settlement in accordance with the preceding section.

E. Amendments: We reserve the right to change the terms and conditions of these Terms of Use by posting a notice on the Platform or by using another method (including email) that we designate, with the modification taking effect as of the date we specify through the aforementioned channels. After such date, if you use the Platform or the Services, you are considered to have agreed to the variation. You must stop using the Platform and Services and terminating these Terms of Use if you do not accept the variation. We may use our right to modify these Terms of Use in the manner described above without the approval of any individual or entity. 

F. Error correction: We have the right to amend any typographical, clerical, or other error or omission in any acceptance, invoice, or other document without incurring any obligation.

G. Money: All references to money in these Terms of Use are to Philippine Pesos.

Terms and Conditions Of Sale

1. Purchasing of goods

A. Your compliance: As a condition of using the Platform or in connection with the purchase of Products on behalf of the ITCC, from time to time, you agree to abide by all guidelines, notices, operating rules and policies, and instructions relating to the purchase of Products through the Platform, as well as any modifications to the aforementioned. You are presumed to be aware of and bound by any changes to the above upon their posting on the Platform. ITCC maintains the right to modify these rules, notices, operating rules, policies, and instructions at any time.

B. Agreements for Products sold by ITCC must be made solely and directly between ITCC and you.

C. Product description: While ITCC endeavors to provide an accurate description of the Products, ITCC warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 7 of these Terms & Conditions of Sale shall apply. 

D. Order placement: To place an Order, fill out the Order form on the Platform, then press the "Submit Order" button. Orders placed in any other way will not be accepted by the ITCC. You are in charge of making sure the Order is accurate.

E. All orders are considered final and definitive once they are transmitted over the platform, and the ITCC is free—but not required—to complete them without further approval from you or any other reference to or notification of you. However, under certain conditions, you may want to cancel or change the Order, and the ITCC will attempt to comply with your request using a commercially reasonable effort.

F. Termination by ITCC in the event of pricing error: ITCC reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event ITCC shall, notify you of such cancellation. ITCC shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the ITCC shall refund the payment charged to you for the Product, subject to the process and timelines of payment process.

G. Product Warranty: The guarantees for a product ("Product Warranty") sold under a customer contract must be stated by the ITCC via the platform in the "Specifications" tab's "Product Warranty" field for the particular product, and they must adhere to the terms and conditions therein. Unless specifically forbidden by relevant obligatory law, the warranties and conditions, remedies for breach of guarantee or condition, or other terms contained in the Product guarantee take precedence over all other terms, warranties, and conditions, whether expressed or implied, statutory or otherwise. ITCC specifically disclaims (unless expressly prohibited by applicable obligatory law) all other express or implied representations, warranties, or conditions with regard to the supplied Products, except from what is expressly stated in such Product Warranty.

H. Customer acknowledgement: You certify that you have not relied on any term, condition, warranty, undertaking, inducement, or representation made by or on behalf of ITCC that has not been stated expressly in a Customer Contract, as well as any descriptions, illustrations, or specifications contained in any document, including any catalogues or publicity material produced by ITCC. You also acknowledge and concur that, to the extent permitted by Philippine law, the exclusions of warranties, exclusions of liability, and exclusions of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and enable ITCC to provide the Products at lower fees or prices than ITCC would otherwise be able to do. You also concur that such exclusions of liability are reasonable.

I. The Customer acknowledges and accepts that ITCC or its licensors shall retain ownership of the Product Materials. The Customer further acknowledges that ITCC or its licensors shall retain the sole and exclusive ownership of all Intellectual Property inherent in or linked to the Product Materials. The Customer agrees to return the Product Materials and/or any copies thereof at ITCC request, unless something else is specifically stated in the Order or prior written consent from ITCC has been obtained.

2. Prices of Products

A. Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to ITCC (through the Platform). ITCC and/or ITCC is determined to provide the most accurate pricing information on the platform to its customers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, ITCC and/or ITCC reserves the right to refuse or cancel any order. In the event that an item is mispriced, ITCC may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. ITCC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

B. Taxes: All Listing Prices are subject to taxes, unless otherwise stated. ITCC reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

3. Delivery 

A. Address: Delivery of the Products shall be made by ITCC to the address you designate in your Order.

B. Shipping and packaging fees: Shipping and packing fees must be paid in accordance with the Order.

C. Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. ITCC will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform 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 ITCC will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to ITCC. The time for delivery shall not be of the essence, and ITCC (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.

5. Payment

A. General: You may pay for the Product using any of the payment methods prescribed by ITCC from time to time. When you place an Order, actual payment will be only charged upon ITCC’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to ITCC.

B. Additional terms: The payment methods may be subject to additional terms as prescribed by ITCC from time to time.

C. Payment selections: You acknowledge that the terms of your payment method's applicable user agreement apply to you. You are not permitted to bring a claim against ITCC for any error, disruption, or failure related to your selected payment method. Any payment method may be changed or discontinued by ITCC at any time, whether permanently or temporarily, without prior notification to you or an explanation.

6. Refund of Payment:

A. 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 may be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us.

B. We make no assurances of any kind about when reimbursements will arrive in your account. Payment processing may take some time and is dependent on the internal processing schedule of the relevant banks and/or payment providers.

C. We are responsible for paying any fees the processing bank and/or payment provider impose on the refund process.

D. All refunds are conditional upon our acceptance of a valid return of the Product.

E. We reserve the right to modify the mechanism of processing refunds at any time without notice.

7. Returns/Replacements

A.  Return Policy: All returns must follow the guidelines outlined in the Return Policy Here. If any instructions are not followed to ITCC satisfaction, ITCC is not obligated to agree to any return. If the ITCC accepts the return, the ITCC will send the replacement product to the address you provide.

B. Permitted returns: within 14 days and/or 7 days, depending on the product, from the date of delivery of the Product, you may return a Product when you:

• receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;

• receive a faulty or damaged Product;

• receive a product that is not as advertised on the platform;

• wrong item is delivered;

• receive a product that has missing parts/items

C.  Replacement Products: Once ITCC has sent the customer replacement goods or issued a refund, the non-conforming goods—or any component parts of them—become ITCC property and must be returned at the seller's request.

D. Risk of damage or loss: If the customer wrongfully refuses to accept delivery of the products, the risk of damage or loss passes to the customer when ITCC has tendered delivery of the goods.