TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
Welcome to the website www.livcleanph.com! This website is created, operated and controlled by Pure Essentials Specialist Corp (PESC), the company that owns the LivClean trademark and brand.
ACCESS TO THE SITE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND DISCLAIMER CAREFULLY PRIOR TO THE USE OF THIS WEB SITE (“Site”).
INFORMATION WE COLLECT
As a Customer of LivClean, you (the ‘Customer’) hereby expressly agree, consent, and authorize PESC / LivClean to collect and process the following personal information/sensitive personal informal information:
- Full Name
- Contact Information (Mobile Number, Telephone Number, Email)
HOW WE USE THE INFORMATION
The Customer agrees that the above-mentioned personal information shall be processed for the following purposes:
- For online ordering;
- To manage the lifecycle of a customer order from point of order capture to completion;
- To cater, process, and fulfill customer orders;
- Establish, exercise, or defend legal claims; and
- Fulfill any other purposes directly related to the above-stated purposes.
WHY DOES PESC/Livclean COLLECT YOUR INFORMATION?
We collect, record, organize, store, update/modify, retrieve, consult, use, or consolidate your Information when you agree to be part of our organization pursuant to the purposes stated above.
INFORMATION SHARING AND DISCLOSURE
The Information of the Customer may be disclosed to governmental entities and third-party service providers for the following purposes:
- To carry out lawful business activities;
- To comply with statutory requirements;
- To comply with PESC/LivClean contractual responsibilities to its Customers, if any;
- For digitization and storage;
- Data collection and analysis;
- For the establishment, exercise, or defense of legal claims of PESC/LivClean.
When the processing of personal information is outsourced by PESC/LivClean to a third party, the processing will be subject to written agreements between PESC/LivClean and the third parties processing the data, in accordance with the requirements of the Data Privacy Act of 2012. These written agreements specify the rights and obligations of each party and will provide that the third party has adequate security measures in place and will only process the personal information of the Customer on the specific written instructions of PESC/LivClean.
PESC/LivClean may also transfer the personal information of the Customer to third parties as required by law or legal instrument, to protect PESC/LivClean’s rights or assets, to facilitate acquisition or disposition of PESC/LivClean’s businesses, and in emergencies where the health or safety of a person is endangered.
PESC/LivClean will not sell, rent, share, trade, or disclose any personal information of the Customer to any other party without the prior written consent of the Customer, with the exception of entities within PESC/LivClean and any third-party service providers which PESC/LivClean has engaged whose services necessarily require the processing of the personal information of the Customer.
The Customer agrees that the above-mentioned personal information will be retained or stored for as long as the purposes for which they are being processed have not been satisfied. PESC/LivClean will retain and use your personal information as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements:
Hardcopies of the forms the Customer has submitted, as well as all records that shall be relevant to your tenure as a Customer of PESC/LivClean, may be stored in the offices of Domino’s or in an off-site warehouse managed by a third-party service provider.
Forms and documents which contain the information of the Customer will be digitized and stored on PESC/LivClean information management system hosted by PESC/LivClean on-site or in the premises of an authorized third-party service provider.
PESC/LivClean shall ensure, using contractual and other reasonable means, that the third-party service provider implements proper safeguards to ensure the confidentiality, integrity and availability of the personal data processed, prevent its use for unauthorized purposes, and comply with the requirements of the Data Privacy Act of 2012, its Implementing Rules and Regulations, and other applicable laws for processing of personal data, and other issuances of the National Privacy Commission.
PESC/LivClean has put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the Information we collect online. These safeguards vary based on the sensitivity of the Information that we collect and store.
ACKNOWLEDGEMENT OF RIGHTS
The Customer is aware of his/her rights under the Data Privacy Act, including the following:
- The right to access his/her personal information
- The right to make corrections to his/her personal information
- The right to object to the processing of his/her personal information
- The right to erasure or blocking of his/her personal information
- The right to be informed of the existence of processing of his/her personal information
- The right to damages
- The right to lodge a complaint before the National Privacy Commission
COMPLAINTS, CONCERNS, ACCESS, AND QUESTIONS
The Customer understands that in case of complaints, concerns, or questions regarding the processing of his/her personal information, he/she may address them to:
Data Protection Officer
Pure Essentials Specialist Corp.
132 San Francisco St., Mandaluyong City
Phone: (+63 2) 8287-5371
UPDATES AND EFFECTIVE DATE
This consent and authorization remains valid and subsisting for a limited period consistent with the purposes above or until otherwise revoked or cancelled in writing.
TERMS AND CONDITIONS OF USE
When you use this site, you are responsible for maintaining the confidentiality of your account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities and all the content you post and/or submit that is under your account and/or password. You represent and warrant that any information or material you post or provide to us by means of this site, including, without limitation, as part of any registration or to gain access to or use any services offered on the site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith. You agree not to use the site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating otherwise misrepresenting your identity or affiliation in any way; (ii) using the site for any fraudulent or illegal purpose; (iii) e-mailing, uploading or otherwise transmitting or using the site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethically or otherwise, objectionable material of any kind, and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of the site.
PUBLISHED WEB CONTENT INFORMATION
The accuracy, comprehensiveness and usefulness of any opinion, advice, services or other information provided in this site are subject to your own assessment. We cannot assure that all information will be accurate, complete and current at all times. Data and other pertinent information on this website may contain technical or typographical errors, and/or outdated information. We may make modifications to the data, web content information, materials, products and services described in this site at any time, for any reason, without notice by posting the changes on the Site. Your continued patronage, viewing or use of this Site following any such modifications will signify your assent to any such changes or modifications.
We have endeavored to exert best efforts to implement security measures to help protect you against the risk of loss, misuse and alteration of any information under the PESC/LivClean website control. However, such security measures may not prevent all loss, misuse or alteration of information on the Site. We are not responsible for any damages or liabilities relating to any such security failures. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the internet.
This Site may occasionally contain links to other websites. Please be aware that we are not responsible for the privacy and policy practices of such other websites. We encourage you to read the privacy statements of every website that collects personal information.
Unless otherwise indicated, all content on this Site, including text, graphics, images, devices, logos, site designs, are properties of Pure Essentials Specialist Corp. is protected by Philippine and international copyright laws and regulations. Any other use of any and all materials from this Site, including, but not limited to, reproduction for reasons other than the above indicated purpose, modification, distribution, transmission, republication, or display of any of the content of this Site without prior written permission of Pure Essentials Specialist Corp. is strictly prohibited.
All trademarks, service marks, trade names, graphics, devices, logos identifying LivClean or its products and services (collectively the “Marks”) are proprietary to Pure Essentials Specialist Corp.
LIMITATIONS ON LIABILITY
Your use of the site is at your own risk. PESC/LivClean shall not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if PESC/LivClean has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You assume the sole risk of making use or relying on the information, materials, products, and services available on this site. We make no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained in this site for any purpose. The content, services, information and access to the site are provided “AS IS” and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement. We do not warrant that any part of the site will operate uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the site and access to the site will be uninterrupted, continuous or error free. Further, we do not warrant or make any representations regarding the use or the results of the use of the site in terms of its quality, correctness, accuracy, reliability, or otherwise. You should therefore, verify any information obtained from the site before acting on it. Except as otherwise expressly provided, we expressly disclaim any responsibility for the accuracy, content availability of information, products or services found on third party sites that link to or form the site. We shall not be liable for any indirect, punitive, consequential, incidental, or special damages, arising out of or connected with the use of this site or with the delay or inability to use this site, for any information, materials, products, and services obtained through this site, or otherwise arising out of the use of this site, whether such damages are based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. Notwithstanding the foregoing, your sole remedy for any liability related to the use of this site shall be limited to the amount you paid in connection with the subject matter in dispute. When you visit our site and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing with your written signature. You further agree that you shall not challenge the validity, enforceability or admissibility of the electronic communications on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print all electronic communications. We make no representation that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited. Further, we make no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from this site from other locations, you do so, on your own volition and are responsible for compliance with any applicable local laws.
CHOICE OF LAW AND CHOICE OF FORUM
The laws of the Republic of the Philippines will govern these Terms (without giving any effect to the principles of conflict of laws) as such laws are applied to contracts entered and to be performed entirely within the Philippines by its residents. Any action to enforce these terms and conditions will be brought in the Philippine courts presiding in Mandaluyong City, and all parties expressly agree to be subject to the jurisdiction of such courts.
You shall indemnify, defend and hold harmless LivClean and Pure Essentials Specialist Corp. and its sponsors, affiliates, content providers, related entities, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the site in violation of these terms or the infringement by you of any intellectual property rights of any person or entity.
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Verification of information may be required prior to the acceptance of any order.
Products and services offered at the LivClean website are available as long as they are on stock. You will be notified thru a call or via an email for orders which cannot be fulfilled indefinitely or for the time being. Not all products and services are available in all geographical regions.
QUALITY OF DELIVERED PRODUCTS
Products purchased from the LivClean website in good condition in accordance with the quality the LivClean is known for. Each time we deliver your order, we ensure that your recipient thoroughly inspect the product prior to releasing it for delivery fulfillment. If upon inspection, the recipient finds that the product has defects or is not in good order and condition, then, do not accept the item and return for immediate refund or replacement. In case, your recipient received an order and finds that the product has defect or is not in good order and condition, you must send us an email to firstname.lastname@example.org or call our office at (02) 8287-5371 within 12 hours.
LivClean website’s published product prices and charges are all in Philippine peso.
The product price list in this site reflects the most recent price displayed on the item’s product detail page. Prices are frequently updated and subject to modification without prior notice. We reserve the right to adjust pricing and determine if sale pricing will apply.
PRICING ERROR AND INACCURACY DISCLAIMER
Information at the site may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors or inaccuracies and to change or update information at any time (including after you have submitted your order) without prior notice. Please note that such error or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, we will provide you with the following options: (1) to proceed with the transaction based on the corrected information, or (2) to cancel your transaction. We apologize for any inconvenience. If you are not fully satisfied with your purchase due to any error or inaccuracy, you may return the product as an incorrect or defective item.
SENIOR CITIZEN AND PWD DISCOUNT
Please be advised that our products are not subjected to Senior Citizen &/or PWD Discount, as stated in Republic Act No. 7432, amended by R.A. No. 9257, and further amended by R.A. 9994, otherwise known as the Senior Citizens Act of 2010; as well as R.A. 7277, known as the Magna Carta for Disabled Persons.
These terms and other rules and regulations posted on the site, which are hereby incorporated as if set forth fully in these terms, constitute the entire agreement between you and us with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and us with respect to this site. Any rights not expressly granted in these terms are reserved. In the event that any provision contained in these terms is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these terms will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or your use of this site. The waiver by us of one breach or default under these terms shall not constitute the waiver of any subsequent or other breach or default.
RETURN/ EXCHANGE POLICY
We want to offer you the best service possible at all times. But if in case the product/s delivered to you has/have factory defect or if you received the wrong item/s, just email email@example.com within two (2) days with your complete name, address and tracking number. Attach a photo of the defective or wrongly shipped product so we may evaluate your concern immediately and advise you regarding the next steps.
The following are considered Defective Products:
- Dilapidated packaging:
- Heavily dented caps, bottles/containers
- Broken caps, bottles/containers
- Products with leakage
To be eligible for a return or exchange, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
Please note that we do not accept returns or exchange for LivClean products that were purchased outside of livcleanph.com (Website), LivCLeanPH (Facebook), @livcleanph (Instagram) or livcleanph (Tiktok).
Free items on promo and samples are NOT eligible for return or exchange.
POLICY ON APPROVED REFUND
If the abovementioned conditions are satisfied and are approved by our Quality Assurance Team, we will send you an email indicating the official result.
We will refund the value of the returned product/s along with applicable sales tax. Approved Refunds will be processed within approximately seven (7) business days from the date of our email. All approved refunds will be sent via bank transfer.
PESC/LivClean uses a 3rd party delivery provider (such as Grab, Lalamove, Payo, to name a few). As such, all delivery charges are paid directly to the 3rd party delivery company. Delivery charges are based on the quoted fees from these delivery providers at the time of transaction and delivery schedules.