Conditions of Use

These Terms and Conditions are binding between you and JeRS AC Trading. JeRS AC Gym Equipment is an online gym store platform that a buyer (“Buyer” or, collectively, “you”, “Users”, or “Parties”) can use to purchase goods.

By using the Service and/or any of its features, you agree, without limitation or qualification, to be bound by the Terms and Conditions set forth below. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Service. JeRS AC Trading may, at any time modify the Terms and Conditions, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions. You agree to review the Terms and Conditions periodically, and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Terms and Conditions.

I. GENERAL USE OF THE SERVICES

You agree to comply with any and all the guidelines, notices, rules and policies and instructions pertaining to the use of the Services found herein, as well as those which may be issued by JeRS AC Trading from time to time. 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.

You agree and undertake NOT to:

(a) use the Service for illegal purposes, or in any manner other than in conformity with the policies of connected computer networks, as well as any applicable laws;

(b) attempt to gain unauthorized access to or otherwise interfere or disrupt the systems connected to the Service;

(c) impersonate any person or entity or to misrepresent your affiliation with any person or entity;

(d) unduly interfere with another’s use of the Service; and

(e) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, malicious code or harmful components which may impair or corrupt the Service.

JeRS AC Trading reserves the right to, but shall not be obliged to monitor, screen or otherwise control any activity on the Service, and investigate any violation of the terms and conditions contained herein, as well as take any action we deem appropriate. JeRS AC Trading may thus terminate, prevent, or restrict a Buyer’s access to the Services at its discretion, and report any activity suspected to be in violation of any applicable law to the appropriate authorities and to co-operate with such authorities. JeRS AC Trading also reserves the right to request any information from a Buyer, in connection with use of the Service at any time, as well as to exercise the rights under these Terms and Conditions if a Buyer refuses to divulge such information, or if JeRS AC Trading suspects that you have provided inaccurate, misleading or fraudulent information and/or data.

JeRS AC Trading may upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Service from time to time, and without giving any prior notice. JeRS AC Trading shall not be liable if any such upgrade, modification, suspension or removal results in your inability to access the Platform or any part of the Service.

II. PRODUCT SELECTION 

The products shown on the Service (collectively, the "Products") and their details, such as name, description, size, specifications, and prices, are subject to change at any time, without prior notice. While JeRS AC Trading and the Partner Store both endeavor to provide an accurate description of the Products, we do not warrant that such description is exact, accurate, current, or free from error. Furthermore, the details of the Products may be different from that in physical stores. 

The purchase of any Product is subject to availability of inventory of the Partner Store. 

III. PAYMENT

JeRS AC Trading and the Partner Store support payment through credit cards, GCash, and other payment methods supported by the Partner Store’s payment gateway. The total price of Products purchased through the Service, plus applicable fees (such as delivery fees), will be displayed once you place your order. Any order shall be deemed generated or accepted by the Partner Store only upon full payment of the amount for the total price of the Products.

When making payment through credit card or debit card, you warrant that the credit card or debit card details that you provide are for your own credit and that you have sufficient funds to make the payment.

JeRS AC Trading and the Partner Store may, at their discretion, offer promotions, discounts, or other such reductions to or refunds of the price. The price shall then be adjusted according to the terms of such promotion.

All purchases are subject to the availability of inventory in physical stores. Hence, you will only be charged for the actual goods picked-up or delivered. JeRS AC Trading and the Partner Store reserve the right to accordingly make adjustments to the total price paid, such as if goods ordered are unavailable, or if you made subsequent changes to your order.

JeRS AC Trading take no responsibility and assume no liability for any loss or damages that occur in connection with payment made by Buyers. JeRS AC Trading reserves the right to suspend any payment transaction if it is suspected or confirmed that the Buyer is not duly authorized to make such payment transaction.

Receipts or tax invoices shall be issued by the Partner Store to the Buyer, and the Partner Store is responsible for paying any applicable taxes and duties for the item sold. 

IV. DELIVERY

JeRS AC Trading partners with third-party logistics companies (“3PL”) to process delivery of your orders. An email or SMS will be sent to you once the goods are ready for delivery. Once your order arrives, you must present the order number to accept the delivery. Once your order has been delivered, you will receive an electronic receipt of your purchase via e-mail.

If you are not able to accept the delivered products, or we or the 3PL are unable to locate the point of delivery designated due inaccurate and/or incomplete instructions, then the Products shall be considered to have been delivered to you. All risks and responsibility in relation to such products shall be borne by you. Any storage, insurance, and other costs incurred as a result of an unsuccessful delivery or your refusal to accept the delivery without valid reason, shall be your responsibility, and you hereby agree to indemnify us or the Partner Store in full for such costs.

JeRS AC Trading  shall not be liable for non-delivery if the reasons are outside our control, which include, but are not limited to, logistical difficulties, force majeure, and other unforeseen events. 

V. CANCELLATION AND REFUND

JeRS AC Trading and the Partner Store reserve the right to cancel any transactions, or any part of a transaction, on the Service for valid grounds, including instances such as non-availability of the items or non-fulfillment of any obligations of the Buyer. In case of such cancellation, the sole remedy of the Buyer will be to receive a refund of any amounts that have already been paid by the Buyer.

VI. RETURN, EXCHANGE, AND REFUND POLICY

A Buyer may process a return or exchange only at designated physical locations of the Partner Store. The Partner Store has full and sole discretion to determine whether to accept any such returns or exchanges.

Unless otherwise consented to by Partner Store, Buyers may not return, exchange, or refund an item due to a change of mind.

VII. INTELLECTUAL PROPERTY

The intellectual property in the Service is licensed to or controlled by JeRS AC Trading, our licensors, or our service providers. JeRS AC Trading  reserves the right to enforce its Intellectual Property to the fullest extent under law.

No part or parts of the Service, or any materials found therein, may be reproduced, reverse engineered, altered, distributed, republished, displayed, broadcast, hyperlinked, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written consent or that of the relevant intellectual property owners.

Any trademarks on the Service are registered and unregistered trademarks of JeRS AC Trading or of third parties. Nothing on the Service or these Terms and Conditions 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.

VIII. DISCLAIMERS AND LIMITATION OF LIABILITY

The Service provided by JeRS AC Trading is a platform service, and the actual contract for sale is directly between buyers and the Partner Store. JeRS AC Trading  is not privy to the contract of sale between Buyer and the Partner Store involved. Thus, JeRS AC Trading accepts no obligations in connection with any such contract.

JeRS AC Trading does not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, the Product, and any merchandise, information, or service provided through the Service or on the Internet generally. JeRS AC Trading shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.

The Service is provided on an as-is and as-available basis, without any warranties, claims, or representations made by JeRS AC Trading. While JeRS AC Trading implements, to the best of its abilities, the necessary preventive measures to protect its users from sensitive, offensive, or malicious content as well as protect users from technical issues, JeRS AC Trading does not warrant that the Service and any of its functions will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, except to the extent permitted under applicable law, 

JeRS AC Trading cannot, and does not, guarantee or warrant that any files available for download through the Service will be free of infection or viruses, worms, or other code that manifest contaminating or destructive properties. You assume total responsibility and risk for your use of the Service and the internet.

The Service may include links to other websites, which may use cookies, pixels and/or other data collection tools. JeRS AC Trading encourages everyone to read the posted privacy policies whenever interacting with any website to learn more about the privacy practices of that website. However, JeRS AC Trading does not control the use of any information by third-party websites, and is not responsible for the privacy practices, policies, or content of such websites and Partner Store. JeRS AC Trading  is also not responsible for the cookies and/or other data collection tools that may be placed on an advertisement by a third party.

In no event shall JeRS AC Trading liable for:

(a) any and all damages including but not limited to, direct, indirect, incidental, or consequential damages arising out of the use of or inability to use the Service or any information, or transactions provided on the Service or downloaded or hyper-linked from or to the Service, even if JeRS AC Trading or its representatives have been advised of the possibility of such malfunction/breakdown of the Service; or

(b) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through or hyper-linked from and to the Service.

IX. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless JeRS AC Trading, its officers, directors, employees, agents, licensors, suppliers, and third party providers from and against all losses, expenses, damages, and costs, including reasonable attorneys` fees, resulting from any violation of this Agreement by you.

Furthermore, you hold JeRS AC Trading free and harmless from suit or action arising from improper use of data, unauthorized intrusion into the site, and unlawful exposure of data.

X. GOVERNING LAW AND GENERAL PROVISIONS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Philippines.

If any provision of these Terms and Conditions shall be deemed unlawful, void, or unenforceable under the law, then that provision shall be deemed severable from the rest of the Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.    

JeRS AC Trading reserves all rights not expressly granted herein. 

These Terms and Conditions are solely for your and JeRS AC Trading’ benefit, and are not for the benefit of any other person or entity, except for JeRS AC Trading’ affiliates and subsidiaries and their respective successors and assigns.    

JeRS AC Trading may modify these Terms and Conditions at any time by posting the revised Terms and Conditions on this site. Your continued use of the Service after such changes have been posted shall constitute acceptance of such revised terms.

Any questions or concerns about these Terms and Conditions may be directed to sales@jers.com.ph. 

These Terms and Conditions were last updated on August 11, 2020.