TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS GOVERN YOUR USE AS A MEMBER, OF FERN INCORPORATED’S WEBSITE ON THE WORLD WIDEWEB. THESE TERMS AND CONDITIONS ARE A LEGAL CONTRACT BETWEEN YOU ANDFERN INCORPORATED. AND GOVERN YOUR ACCESS TO, AND USE OF, THE FERN, Inc. WEBSITE LOCATED AT WWW.FERN-C.COM .
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.ANY BREACH OR VIOLATION BY YOU OR BY ANY PERSON ACTING FOR AND ON YOUR BEHALF OF THESE TERMS OF USE WILL BE PROSECUTED TO THE FULLEST EXTENT BY FERN INC.
General
WWW.FERN-C.COM is owned by FERN, INCORPORATED. FERN, Inc. reserves the right, at its sole discretion, to change, modify, add to, or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon posting. It shall be your obligation to review these Terms of Use every time you access this website. Your continued use of this website following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use.
Authorized Distributors
WWW.FERN-C.COM, the FERN, Inc. Trunkline( +63-2-982-3376), FERN Offices, and FERN, Inc. distributors are the exclusive distribution channels of FERN products. WWW.FERN-INC.COM and WWW.FERN-C.COM are the only websites authorized to sell Fern Corporation products, whether on their own or as a package. No other website has been authorized by FERN, Inc. to sell its Products. FERN, Inc. will not acknowledge purchases made other than directly through the aforementioned distribution channels, including any purchases made through third-party websites such as online agents.
Authorized Use
This website is provided by FERN, Inc. solely to allow you to determine the products available on this website and to make legitimate purchases or otherwise transact business with FERN, Inc., and for no other purposes. This website is for your personal and non-commercial use. You agree that you will use the website’s services only to make legitimate purchases for you solely.
Hence, unless you are specifically authorized otherwise by FERN, Inc., you are permitted to use this website only for the following personal and non-commercial purposes: (1) viewing the website; (2) making purchases; (3) reviewing your account; (4) transferring to other websites though links provided on this website; and (5) making use of other facilities that may be provided on the website which are basically enjoyed by FERN, Inc. members. Unless authorized by FERN, Inc. and a written authorization letter is granted by FERN, Inc. thereof, you are not permitted to use any automated system or software to extract data from this website for commercial purposes.
You hereby expressly agree not to use this website to:
1. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website;
2. ‘Meta-search’ this website, send, or cause to be sent, any automated queries of any sort to this website, or use this website in any commercial manner or access this website for any commercial gain other than the purpose specifically authorized by these Terms of Use;
3. Impersonate any person or entity, or otherwise state or falsely misrepresent your affiliation with a person or entity;
4. Forge or otherwise manipulate identifiers in order to disguise the origin of any user of the website including yourself;
5. Interfere with or disrupt this website or servers or networks connected to this website or disobey any requirements, procedures, policies or regulations of networks connected to this website, including using any device, software or routine to bypass the website’s robot exclusion mechanisms;
6. intentionally or unintentionally violate any applicable local, national or international laws; and
7. collect or store any personal data of any other member that you obtained by any means through this website.
Intellectual Property
FERN, Inc. is the registered owner of and holds the title to and all interest in the trademark “FERN-C” and the tradename FERN Incorporated and owns all intellectual property rights to and all interest in the tradename Fern, Inc., and the FERN logo.
Third-Party Links
Links to third-party websites that may appear on this website are provided only as a convenience to you. You acknowledge and agree that FERN Corporation is not responsible for the availability of these external sites or resources and the appearance of the links in this website in no way imply any affiliation, sponsorship, endorsement, or acceptance of any information or views provided on those linked websites. FERN Incorporated does not monitor the linked websites for accuracy or content, and does not warrant and has no liability for the information contained thereon.
The information provided on the linked websites and any warranty with regard thereto is solely the responsibility of the providers of that information. If you decide to access third-party websites through links from this website, you do so at your own risk. FERN Incorporated will not be responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with your use of the linked websites or your reliance on any content, goods or services available on or through any such linked website or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. THE USE OF THIS WEBSITE AND ITS CONTENTS IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FERN, Inc. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, MAKE NO REPRESENTATION WHATSOEVER AS TO COMPLETENESS OR ACCURACY OF ANY CONTENTS OR ANY INFORMATION IN THIS WEBSITE.
2. FERN, Inc. AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES, MAKE NO WARRANTY THAT THE WEBSITE AND THE CONTENTS WILL MEET YOUR REQUIREMENTS, OR THAT THE USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED BY YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF THE PRODUCTS, INFORMATION OR OTHER MATERIALS THAT YOU OBTAIN FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS WILL BE CORRECTED.
3. YOU ACCESS AT YOUR OWN DISCRETION AND RISK ANY MATERIAL THAT YOU DOWNLOAD OR OBTAIN THROUGH THE USE OF THE WEBSITE AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO WARRANTY THAT IS NOT EXPRESSLY STATED HEREIN SHALL BE CREATED BY REASON OF ANY ADVICE OR INFORMATION THAT YOU OBTAIN FROM THIS WEBSITE.
Modifications
FERN, Inc. may, at any time and from time to time, make modifications, changes, and alterations to this website and the Contents, including these Terms of Use, or any part thereof without prior notice and without incurring any liability to you or to any third party. You are responsible for regularly reviewing these Terms of Use. Your continued use of this website following any changes, revisions, modifications or alterations shall constitute your acceptance of such changes, revisions modifications or alterations.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FERN, Inc. AND ITS AFFILIATES, OFFICERS, AND EMPLOYEES, WILL HAVE NO LIABILITY WHATSOEVER TO YOU, TO ANY PARTY CLAIMING BY, THROUGH OR AGAINST YOU OR TO ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, COSTS, CHARGES OR DAMAGES CONSTITUTING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF FERN, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT MAY ARISE OUT OF OR IN CONNECTION WITH (1) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ACCESS THE CONTENTS, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (3) ANY OTHER MATTERS RELATING TO THE WEBSITE AND THE CONTENTS.
Indemnity
You agree to indemnify and hold Fern Inc. and its affiliates, officers, and employees, free and harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to, arising out of or in connection with your use of this website and the Contents, your connection to this website, tour breach of any of the provisions of this Terms of Use, or your violation of any right of any other user of this website.
Termination
FERN, Inc. may, in its sole discretion, without prior notice and without incurring any liability to you, terminate or limit your access to this website for any justifiable cause, including without limitation (1) your breach or violation of these Terms of Use, or other incorporated agreements or guidelines, (2) upon the request of any law enforcement or government agency, (3) discontinuance or any material modification to this website or any part thereof, (4) extended periods of inactivity, and (5) your engagement in fraudulent, illegal or prohibited activities.
Non-Waiver
No failure by FERN, Inc. to exercise or enforce any right or provision of these Terms of Use shall constitute a waiver of such right or provision, nor will any waiver be deemed a waiver of any other right or provision at that time or at any other time.
Governing Law
These Terms of Use and the relationship between the parties shall be governed by and construed in accordance with the laws of the Republic of the Philippines without reference to its conflicts of law provisions. Any and all claims, causes of action, or disputes relating or pursuant to, arising out of or in connection with these Terms of Use shall be brought before the REGIONAL TRIAL COURT OF PASIG of the Republic of the Philippines to the exclusion of all other courts and venues. You agree to submit to the personal jurisdiction of this court and hereby waive any and all objections to the exercise of jurisdiction over the parties by such court and to venue in such court on any ground, including without limitation on the ground of inconvenient forum. However, nothing herein shall preclude FERN, Inc. from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over you or taking proceedings against you in any other court of competent jurisdiction.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The Republic of the Philippines has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
