Terms of use

Last updated: September 23, 2021

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.greentelcom.ph website (“Greentelcom Website”, “Website” or Service”) operated by Greentelcommunications Trading Inc. (“Greentelcom”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These terms apply to all visitors, users and others who access or use the Website.

Seller reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time, without prior notice, by updating this posting. Any posted changes are effective immediately and your continued use of the Website’s contents and services constitutes your agreement that you’ve read these entire Terms and Conditions acceptance that you respect them in their entirety. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of this website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, the Website grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. TERMS AND CONDITIONS APPLICATION

Your use and access of this website and making a purchase, placing an order or otherwise shopping on the website (collectively, the “Site”) are governed by all terms related to these Terms and Conditions as well as the Privacy Policy, and any other rules and policies of the Site that Greentelcom may publish from time to time. Meanwhile, with regard to your purchases and transactions on the Site, the Terms and Conditions between you as a buyer and the Website will be binding upon you. Therefore, we recommend that you read these Terms and Conditions and all relevant additional terms, conditions and information, including, but not limited to, the Privacy Policy, Replacement Policy and Warranty Policy, carefully.

2. USE OF THE SITE

By accepting these Terms and Conditions through your use or access of the Site, you represent that you are (a) a person with full legal capacity and able to form a legally binding contract, or in case you do not have a full legal capacity, that you received a consent from your parents or any other legal representative and therefore you are bound by these Terms and Conditions and (b) permitted to receive any products. If you do not agree to (or cannot comply with) this Section, do not use this Site.

All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms and Conditions and the User is responsible for all damages caused to the Website or to any other User or to any other third party.

All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. The Contents on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from Greentelcom, is strictly prohibited.

Greentelcom can stop the operation of the Site or its part any time, can change the Content of the Site or its parts without any prior notice. The Site does not have to be available all the time. Greentelcom has the right to maintain the Site and the User does not have any right for any compensation.

While accessing the Site, or using its services, you should not:

1. Post or transmit false, inaccurate, misleading, defamatory, or libelous Content (including but not limited to during the registration process and in Greentelcom Website blog);
2. Violate any laws, regulations, good manners, third party rights, this Terms and Conditions or our policies, such as third party’s intellectual property rights;
3. Fail to deliver payment for the products and items purchased by you;
4. Manipulate the billing process of the Website, or fail to deliver the payment or fee owed to Greentelcom;
5. Undermine the feedback or ratings systems;
6. Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;
7. Distribute viruses or any other technologies that may harm Greentelcom and the Site, or the interests or property of other users;
8. Use any automated means to access Site and collect any data from Site through automated means (included but not limited to harvesting bots, robots, spiders, scripts or other automatic devices or programs) or and you cannot use framing techniques to enclose any of the data or content to the Site or otherwise affect the Site.
9. Otherwise incur any liability to the Site or Greentelcom.

Greentelcom reserves the right to limit, terminate and deny the right to use or access the Site of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching these Terms and Conditions, breaching the good manners, defame or affect or may affect the good name of Greentelcom in any means and/or incurring any liability to Greentelcom. Each User hereby also agrees that in no event shall Greentelcom be liable to any User or any third party for any User’s inability to use or access the Site.

3. ACCOUNTS, PASSWORDS AND SECURITY

In order to make purchases on the Site, we will require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Greentelcom immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Site or any other user of or visitor to the Site due to someone else using your Greentelcom Website ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Website ID, password or account at any time without the express permission and consent of the holder of that Greentelcom Website ID, password or account. The Website cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Each User represents warrants and agrees that (a) such information, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information to keep it true, accurate, current and complete.

4. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Users of this website may send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. The Website reserves the right (but not the obligation) to remove or edit any content.

5. PURCHASING ON THE SITE

User agrees that all activities that occur under your Website ID (including, without limitation, clicking to accept any additional agreements or rules, subscribing to or making any payment for any products, sending e-mails using the latest e-mail account or sending SMS messages) will be deemed to have been authorized by you.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.

Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to the Website. All prices include VAT. (where applicable) at the current valid rate. The Website reserves the right to express the price including VAT.

Greentelcom has the right to correct the mistakes on the page, including the mistakes in the price. In case there was a mistake in writing in the price, the Website cancels the order and notifies the cancellation to the User. In case the payment was already transferred by the User, Greentelcom will return the payment within 30 days. In this case, the User has the right to place a new order on the Site.

Greentelcom Website reserves the rights to change its prices according to the law and business practice. The prices are basically in PESO (PHP).  Please pay attention to the details of the transaction, because your total price may include insurance, shipping costs and other expenses, which you are responsible for paying.

6. TERMS OF PAYMENTS

When you confirm a transaction on the Site, you agree to be bound by and pay for that transaction.

1. If you order something that becomes unavailable before it can be provided to you, your only remedy is to replace the item that you purchased.
2. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
3. Even though we use terms like purchase, buy, sell, and order to talk about transactions related to Credits, you don’t receive an ownership interest in those items.
4. In addition, any order whose amount exceeds certain amount set by Greentelcom, the Website can request additional identification and evidence of delivery address by email or by other means. These security measures are a testament to our willingness to protect customers against potential fraud. Until the additional identification requirements are fulfill, Greentelcom does not have the duty to send the order. In case the condition of additional identification of the User is not fulfilled within the next 15 days, Greentelcom is entitled to cancel the order. Terms of payments to the Website are the following: (Unless special terms of payments are not made in writing)

• Bank transfer

Not all payment methods are available for all products that are sold on our website.

If you choose Bank Transfer as your payment method, the Website gives you the details of our bank account. Once paid, the copy of the proof of payment must be sent to the email address that we have provided. Upon verification of the payment, the order will be processed.

Also, the product can be sold out during the time between placing the order and receiving the payment by the Website.

In case the payment (when choosing Bank transfer) is not at the bank account of the Greentelcom within the next 5 days after placing the order, it means that the User cancelled the order and does not want anymore the order to be delivered.

The goods will be delivered within 7 days after the payment is received by Greentelcom. Greentelcom is not responsible for delays of the transportation or for delays due to the incorrect address of the User.

7. LIST OF AVAILABLE PRODUCTS

Current list of available products on the Site is consistent with the quantitative status of our products in our warehouses.

Current warehouse availability for a particular product buyer will be able to check in the moment of placing an order (this will be the most recent information – quantities will be updated on daily basis).

For any changes or mistakes that can occur outside of our influence and knowledge, the Website will not be considered responsible.

If it happens that the ordered product is not available in the moment when customer places his order, the customer will be informed of this by phone or email. If ordered product is still not available, customer has the right to request cancelation of an order.

Greentelcom Website has the right to cancel the order in case when the goods is not any more at the warehouse.

8. SHIPPING – DELIVERY – DELIVERY EXPENSES

The shipments will be charged according to the current and valid charges and fees of our Courier Partners.

Upon receiving the product, the supervision whether the delivered product fully corresponds with the ordering is solely your responsibility. Greentelcom is highly recommending you to check the condition of a package, if there are any damages or shortages in the shipment in general.

The Buyer is obliged to check the content of the package and the condition of the goods on delivery, in order to report possible faults or damages of the ordered products and the packaging itself to the courier. In case the Buyer has any comments or thinks the content was damaged during the transportation he is obliged to report this to the courier immediately when signing the transport document. Greentelcom is not responsible for any damage caused by the transporter. The Buyer is obliged to enforce the potential damage from the transporter and/or Courier writing the note in the transport documents signed right after the delivery. Further complaints will not be taken into consideration.

In case of any damages, missing content or a part of an order, you are obliged to write everything clearly in email and send to hello@greentelcom.ph within 24 hours after the delivery.

Shipping and delivery of our products, delivery expenses and a risk during this period is on you.

From the moment when the parcel leaves our warehouse, Greentelcom cannot be held responsible for the delivery time, damages and/or other circumstances that may occur during the transport process.

Information about the estimated delivery time can be found on our courier’s website. The estimated delivery time is only informative and not binding. Greentelcom delivers all order within the next 7 days after the Website received the payment after the order is placed.

In case that the ordered product is out of stock, delivery time is extended and Greentelcom Website gives at a possibility to its buyer to delete or cancel their order.

Every shipment is delivered to the address specified by you when placing an order, Greentelcom is keeping the right to ask for proof of address in order to prevent frauds or abuses of any type. Before sending the relevant proof, the Website will not start with the preparation of the Order and in case when the relevant proof is not provided within the next 5 days after the request, the order will be automatically cancelled.

Upon reception of the package, you are obligated to make sure that there are no damages on the package. Otherwise, you are responsible to make a written record with your complain at your transportation company office within the time defined by law.

From the moment when a product leaves the warehouse, the risk is transferred to the other party defined with this contract. The Website is not responsible for any delays occurred during the delivery of products. In no case, you do not have the right to demand compensation or interest or money refund for any delays.

In the case that the ordered product is not delivered within the specified time period, Greentelcom has to start an investigation with the transport company that was responsible for delivering the shipment. During this period, Greentelcom will not make any decisions regarding to this specific customer order.

9. DISCLAIMERS

GREENTELCOM WEBSITE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.

GREENTELCOM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE WEBSITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GREENTELCOM WEBSITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GREENTELCOM WEBSITE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Greentelcom reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

10. LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Greentelcom Website be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Greentelcom has been advised of the possibility of such damages.

11. INDEMNITY

You agree to indemnify and hold Greentelcom, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Website by any third party due to or arising out of or in connection with your use of the Site.

12. VIOLATION OF THESE TERMS AND CONDITIONS

The Website may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Greentelcom Website’s rights or property, or the rights or property of visitors to or users of the Site, including the Website’s customers. The Website reserves the right at all times to disclose any information that Greentelcom deems necessary to comply with any applicable law, regulation, legal process or governmental request. Greentelcom also may disclose your information when Greentelcom determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Greentelcom may preserve any transmittal or communication by you with Greentelcom through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Greentelcom determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Greentelcom, its employees, users of or visitors to the Site, and the public.

You agree that Greentelcom may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Greentelcom, for which monetary damages would be inadequate, and you consent to Greentelcom obtaining any injunctive or equitable relief that Greentelcom deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Greentelcom may have at law or in equity.

You agree that Greentelcom may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Greentelcom does take any legal action against you as a result of your violation of these Terms and Conditions, Greentelcom will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Greentelcom. You agree that Greentelcom will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.

13. AMENDMENT OF THE TERMS AND CONDITIONS

Greentelcom reserves the right to amend, delay, or to definitely terminate the service provided through the Site, and these Terms and Conditions at any time, and furthermore to change or delete the contents of the Site at any time without prior notification.

Greentelcom also reserves the right to refuse to provide the Site services to you, particularly in the event that your use of the service is contrary to the content of these Terms and Conditions and the Privacy Policy, or if it conflicts with the business interest of Greentelcom.

Last update: 23 September 2021